Terms and conditions
These Terms and Conditions govern the use of PhiCert and provide information about the Service.
We are PhiAcademy GmbH (hereinafter “PhiAcademy”, “we” or “us”), and we are the Operator of the online certification system “PhiCert” (hereinafter “PhiCert”). Aim of PhiCert is to foster the certification process and enable a better workflow between PhiAcademy, Masters and Students. Users of PhiCert (hereinafter „Users“ or “you”) have the possibility to manage the certificates of Students who have successfully completed courses conducted by them.
You can use PhiCert according to the rules set out in these General Terms and Conditions of use (”Terms”). Please read these Terms carefully and contact us if you have any questions. By accessing or using PhiCert, you agree to be bound by these Terms. Terms deviating from these Terms shall only apply if confirmed by us in writing.
The access to PhiCert is restricted to PhiAcademy Masters and granted through an invitation basis only. If you use PhiCert, you have to provide us with accurate, complete and the latest information and you have to keep these data constantly up-to-date. This applies to your own data as well as the data of your Students. The use and access to PhiCert is free of charge.
Our Rights and Obligations
We may suspend, revoke or limit your use of PhiCert if we determine there is a material breach of your obligations, a security breach, or violation of law. If the cause of the suspension can reasonably be remedied, we will provide notice of the actions you must take to reinstate the use of PhiCert. If you fail to take such actions within a reasonable time, we may terminate your account.
All logins are individualized and may only be used by you personally. You must keep your login and password secret and protect it against unauthorized access by third parties. In the event of any suspicion of misuse by a third party, you shall promptly notify us thereof. As soon as we learn of such unauthorized use, we may block access by the unauthorized User.
Your Rights and Obligations
Your use of PhiCert must not violate the intellectual property rights or privacy rights of others or violate applicable competition laws.
In addition, you may only process Student’s Data that has been lawfully provided to you as a result of a course conducted by you. You may only submit a request for a certificate for those students who have successfully completed a PhiAcademy course conducted by you. You are solely responsible for complying with the legal provisions in connection with Student’s data you provide.
We have the right to add or remove features or functionalities and may also suspend or stop the service of PhiCert altogether. We may take any of these actions at any time and are not obliged to notify you beforehand.
You agree to indemnify and hold us, PhiAcademy GmbH, our affiliates and respective officers, directors, employees and agents harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of PhiCert or your breach of any of these Terms.
The function and all content of PhiCert, including its availability, is provided on an “as is” basis without warranty of any kind, whether express or implied. We assume no responsibility or liability for the contents of PhiCert and for the accuracy and correctness of the information provided therein.
Liability of PhiAcademy
We shall bear unlimited liability for intentional acts or personal injury. In case of negligence our liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. We will not be liable for damages caused by slight negligence or indirect or consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.
The above limitations on liability shall apply mutatis mutandis in favor of our vicarious agents, as well.
Our liability does not extend to any impairments of the use of the services rendered by us in PhiCert which result from your improper or incorrect utilization.
To the extent that there is any possibility that you may be redirected to databases, websites, services etc. of third parties via the PhiCert, e.g. as a result of the inclusion of links or hyperlinks, we shall not be liable either for the accessibility, existence or security of such databases or services or for the contents thereof. In particular, we shall bear no liability for the legal propriety, substantive correctness, completeness, timeliness, etc. thereof.
Personal Information and data protection
These Terms and all individual deals concluded in their execution shall be governed by Austrian law, with the exception of its reference norms and the UN Sales Convention.
All disputes arising out of or in connection with these Terms, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one sole arbitrator appointed in accordance with said Rules. The place of arbitration shall be Vienna, Austria, and the language of arbitration shall be English.
Notwithstanding the foregoing arbitration clause, PhiAcademy shall have the right to file any suit or seek interim relief before the courts having local and factual jurisdiction over the User.
If a provision or parts of a provision in these Terms is or becomes ineffective under applicable legislation, this will not affect effectiveness and validity of the remaining provisions. In the event of the invalidation of a provision of these Terms, it shall be deemed to be replaced by a provision, which, in terms of content, is as close as possible to the ineffective one.
Who are we?
We are PhiAcademy GmbH, FN 461082 m, with our registered address at Gartengasse 8/8, 1050 Vienna.
You can contact us via mail or e-mail to the following address: firstname.lastname@example.org.