General Terms and Conditions of ClassNinjas GmbH
Current version, valid since 01.07.2018
1.1 ClassNinjas GmbH, with its registered office in Vienna and its business address at Reklewskigasse 18/5, 1230 Vienna, registered in the commercial register of the Vienna Commercial Court under FN 503520x (hereinafter "ClassNinjas"), offers learning videos, online tests and other learning aids on the ClassNinjas.at website (hereinafter "platform"). For the business relationship between ClassNinjas and the user of the platform (hereafter "user", the user and ClassNinjas together the "contracting parties"), these general terms and conditions apply exclusively, in each case in the version valid at the time of conclusion of the contract.
1.2 ClassNinjas expressly rejects any differing general terms and conditions of the user. Deviating or supplementary general terms and conditions of the user will not become part of the contract, even if they have not been expressly rejected. Deviations from these general terms and conditions, supplementary agreements, or any conflicting terms and conditions of the user are only valid if confirmed by ClassNinjas in writing.
1.3 ClassNinjas may amend the provisions of these GTC at any time, provided that this is based on factual reasons and the user is not unfairly disadvantaged, whereby such amendments will be announced on the platform and by e-mail (to the e-mail address last provided by the user) at least 30 days before they come into effect. If the User does not object to the changes within 30 days of receipt of the aforementioned announcement in writing by e-mail to firstname.lastname@example.org, the changes shall be deemed accepted. In the event of a user's timely objection, the contractual relationship between that user and ClassNinjas will continue in accordance with the terms and conditions in the version prior to the announced changes.
2. Registration and related functions
2.1 No user registration is required to use the platform.
2.2 ClassNinjas offers the user in particular the following extended functions:
- Creation of a learning profile
- Storage of previous learning achievements
- Documentation of the learning videos viewed so far
- Documentation of the online test performed so far
- Unlocking badges
- Documentation of received badges
(hereinafter referred to as "Advanced Features").
2.3 In order to use the Extended Functions, the User must register (hereinafter "Registration").
2.4 With the exception of the Premium Functions, the use of the Platform is free of charge. This applies equally to registered and unregistered Users and to the use of the Extended Functions.
2.5 ClassNinjas reserves the right to change, supplement or remove or discontinue the platform and the extended functions in part or in whole at any time and without notice.
2.6 The user has the option of registering with the platform either (i) by entering his email address and choosing a password or (ii) via social sign-in interfaces (e.g. Facebook).
2.7 If the User registers by entering his e-mail address, he will receive a confirmation link to the e-mail address provided during the registration process. The registration is carried out by opening the confirmation link.
2.8 In the case of registration via social sign-in interfaces, individual information provided by the user to the corresponding social network is used for registration.
2.9 User accounts are not transferable and may not be given to third parties for use. Only one registration per user is permitted. If a user registers several accounts, ClassNinjas is entitled to delete all accounts of the corresponding user.
2.10. ClassNinjas is entitled to refuse registration of a user without giving reasons.
3. Paid premium functions
3.1 ClassNinjas offers the user the activation of further functions (hereinafter "Premium Functions") against payment. The scope of premium functions is described in the context of the ordering process on the platform.
3.2 The activation of Premium Functions is effected by concluding a contract for a limited period of time (hereafter "subscription") for a fee. The time limit of the subscription (hereinafter referred to as "subscription period"; e.g. one month, one year) and the fee to be paid by the User for the subscription (hereinafter referred to as "fee") is described within the scope of the order process on the platform.
3.3 Information on the term and cancellation of your subscription can be found in sections 8.4 and 8.5 of these GTC.
3.4 ClassNinjas is entitled to change the scope of premium functions at any time. If the change results in a significant restriction of the scope of the Premium Functions, the User is entitled within 30 days of becoming aware of the changed scope of the Premium Functions to terminate the subscription without observing any notice periods or deadlines. Such termination shall be made in writing by e-mail to email@example.com. In the event of such a cancellation ClassNinjas will refund the fee due for the period between cancellation and the end of the subscription period on a pro rata basis. For this refund ClassNinjas will use the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User.
4. Right of revocation of the user
4.1 The user has the right to cancel the subscription within fourteen days without giving reasons.
4.2 The revocation period is fourteen days from the day of conclusion of the subscription.
4.3 In order to exercise the right of cancellation, the user must announce the cancellation of the subscription by means of a clear statement to ClassNinjas, by post to ClassNinjas GmbH, Reklewskigasse 18/5, 1230 Vienna or by e-mail to firstname.lastname@example.org. The user may use the sample cancellation form below or any other clear declaration to cancel the subscription.
4.4 In order to comply with the revocation period, it is sufficient for the user to send notification of the exercise of the right of revocation before the end of the revocation period.
4.5 If the user cancels the subscription, ClassNinjas must reimburse the user for all payments ClassNinjas has received from the user without delay and at the latest within fourteen days of the day on which ClassNinjas receives notification of cancellation of the subscription. For this repayment ClassNinjas will use the same means of payment as the user used for the original transaction, unless expressly agreed otherwise with the user; under no circumstances will ClassNinjas charge the user for this repayment.
4.6 If the User has requested that the subscription should commence during the cancellation period, the User shall pay ClassNinjas a reasonable amount corresponding to the proportion of services already provided up to that point in time at which the User has informed ClassNinjas of the exercise of the right of cancellation in respect of the subscription, compared to the total amount of services provided for in the subscription.
4.7 Sample revocation form
(If you want to cancel the contract, you can fill out this form and send it back to us)
To ClassNinjas GmbH, Reklewskigasse 18/5, 1230 Vienna, e-mail: email@example.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
5. Duties of the user
5.1 In order to be able to use the platform to its full extent, the user must use the latest (browser) technologies or enable their use (e.g. activation of Java Script, video streaming, cookies). If older technologies are used, the User may not be able to use the Platform to its full extent.
5.2 The user is obliged to treat the access data as strictly confidential and to protect it from unauthorized access by third parties. If the user passes on access data to third parties, he is liable to ClassNinjas for all damages caused by this.
5.3 The user undertakes to use the platform exclusively as intended and not to misuse it and to refrain from actions which could damage and/or endanger ClassNinjas and/or limit the availability of the platform for other users.
6. Prices and terms of payment
6.1 The fee is shown on the platform as part of the ordering process, including value added tax.
6.2 The user can choose from the payment methods available on the website during and prior to completion of the order process.
6.3 The user is obliged to pay the fee in advance.
6.4 Invoices will be sent to the user in electronic form by e-mail (to the e-mail address last provided by the user).
7. Warranty and liability
7.1 With regard to the Platform and the Extended Functions, the User has no claim to a specific quality or quantity of the content on the Platform. In particular, ClassNinjas does not guarantee constant availability of the platform. Downtime due to maintenance, software updates and other circumstances (such as technical problems of third parties, force majeure) cannot be excluded.
7.2 It is clarified that the provision of the platform as well as the extended functions is a free service of ClassNinjas and the user is therefore not entitled to any warranty claims.
7.3 With regard to the Premium Functions the legal warranty regulations apply. ClassNinjas does not guarantee constant availability of the premium functions. Downtime due to maintenance, software updates and other circumstances (such as technical problems of third parties, force majeure) cannot be excluded. Downtimes of the premium functions of cumulated less than 14 calendar days per calendar year do not constitute a defect.
7.4 The liability of ClassNinjas for slight negligence - except for personal injury - is excluded in any case.
8. Term of contract and termination
8.1 For non-registered users these terms and conditions apply while using the platform.
8.2 By registering ClassNinjas and the user conclude a contract with the content of these terms and conditions for an indefinite period of time. ClassNinjas and the user are each entitled to terminate this contractual relationship at any time.
8.3 Termination by the User is effected by deactivating the user account in the menu item "Settings". Termination by ClassNinjas will be made in writing by e-mail (to the e-mail address last provided by the User).
8.4 Subscriptions will be concluded for the subscription period selected during the ordering process. After expiry of a subscription period, the subscription period will be extended by a further subscription period, unless the user objects to such an extension before the end of the respective subscription period or cancels the subscription. If ClassNinjas objects to the extension of the subscription period by a further subscription period by e-mail before the end of the subscription period, the subscription will not be extended.
8.5 The user can object to the extension of the subscription period by a further subscription period by making a corresponding declaration via the user account in the menu item "Settings" (accessible via the Ninja icon on the platform). The objection to the extension of the subscription period by a further subscription period by ClassNinjas will be made in writing by e-mail (to the e-mail address last provided by the user).
9. Rights of use and copyright
In relation to the user, ClassNinjas is the sole owner of all rights, especially copyright and exploitation rights, to the platform and its contents. The use of the platform and the content, materials as well as brand and trade names contained therein is only permitted for the purposes stated in these terms and conditions.
10. Data protection
Information on data protection can be found at classninjas.at/privacy.
11. Applicable law and place of jurisdiction
11.1 Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. In relation to consumers, this choice of law only applies insofar as the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
11.2 The competent court of law for all actions brought by the user against ClassNinjas for disputes arising from the contractual relationship is the competent court in Vienna, Inner City. This does not affect the user's right to sue at any other legal place of jurisdiction. For all legal actions brought against a consumer who has his residence, usual place of abode or place of employment in Austria because of disputes arising from the contractual relationship, one of the courts in whose district the user has his residence, usual place of abode or place of employment shall be competent. For consumers who do not have a residence in Austria at the time of the conclusion of the contract, the statutory places of jurisdiction shall apply.