Terms of conditions

This Terms will be translated by machine. In case of ambiguities and incorrect translations of the test, the provisions written in the German language shall serve as a basis.

Introduction

We are pleased that you have decided to use our GETHAIR service. GETHAIR offers you to learn new skills for your training in the hairdressing profession through the provided learning programmes.
The following general terms and conditions are important for you and us for the following reasons:

They regulate your rights towards GETHAIR
They govern the rights you grant us when using GETHAIR
They regulate the conditions you and all other users must comply with when using GETHAIR. Please read our terms and conditions, our privacy policy and all other legal information referred to here carefully. Take sufficient time to inform yourself. If you have any questions, please send them to:

support[{at}]gethair.me. Now here we go …

General Terms and Conditions of GETHAIR

(SEPTEMBER 2020 version)

The Video on Demand service (hereinafter referred to as “VoD service”) GETHAIR is an offer from

Andreas Innfeld, Zur Egg 865, 6867 Schwarzenberg in Austria UID: ATU35866005,
Steuernummer:089/9050
Andreas Innfeld

Tel. +43 699 110 86887 support[{at}]gethair.me

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General Terms and Conditions (hereinafter referred to as ” Terms)

The content of the contractual relationship between the company Andreas Innfeld (hereinafter referred to as GETHAIR) and you, (hereinafter referred to as customer) is defined by the following points:

Conditional agreement and contract of use

Framework agreement is the registration and/or payment of a package by the customer to the GETHAIR VoD service. The usage agreement is any agreement between the customer and GETHAIR regarding the retrieval of content. These General Terms and Conditions shall apply to both contracts.

Framework agreement

  1. A precondition for using GETHAIR is the conclusion of a framework agreement. This requires registration with a valid e-mail address, password and first and last name. If a usage fee is payable for the use of the GETHAIR VoD service (e.g. subscription package or when purchasing a package), the full address can be provided in the payment process. The framework agreement comes into effect with the final confirmation e-mail at the end of the registration process between the customer or subscriber and GETHAIR. If the VoD service is activated via GETHAIR, the framework agreement is already concluded upon activation. The individual packages (free of charge or subject to payment) of the GETHAIR VoD service are only available to one natural person for personal training purposes. Multiple use by several persons via one and the same user account is not permitted.
  2. Upon conclusion of the framework agreement, the customer agrees that we may send the customer information in the form of newsletters, push messages and IN App with current information on the GETHAIR VoD service. There is no entitlement to the newsletter service. You can revoke the sending of the newsletter at any time and change the setting of the push notification on your device.

License agreement

1. In addition to the framework agreement, GETHAIR and the customer shall enter into a separate usage agreement for each retrieval and each purchase of a product, e.g. subscription or purchase of a package, provided GETHAIR agrees to the retrieval or purchase. Acceptance shall be effected in each case by GETHAIR providing the service.

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  1. GETHAIR reserves the right to reject the offer to conclude a contract of use in individual cases for justified reasons.
  2. Once the user contract has been concluded, GETHAIR shall make the content available to the customer for online streaming. For the purposes of these GTC, “streaming” shall be understood to mean use by the customer in such a way that no permanent copy is created and stored on the terminal device.

Conditions for use

  1. Use of the VoD service requires installation of the GETHAIR APP and an Internet connection on the part of the customer. Fast broadband Internet access via WLAN is required for streaming videos. An Internet tariff with increased or unlimited data volume (data flat rate) is advantageous due to the high data volume. The customer or subscriber must check this in advance, e.g. by registering free of charge and playing a test video. A bandwidth below this recommendation allows the use of the VoD service only with considerable loss of quality.
  2. Depending on the Internet connection used (WLAN or mobile data) and depending on the provider and tariff, the customer may incur additional costs when using the GETHAIR VoD service, which must be borne by the customer. It is the customer’s responsibility to inform himself in advance of any additional costs that may arise and to ensure that the terminal equipment meets the system requirements.

Third party devices and applications

The GETHAIR VoD service is integrated into or can interact with third-party services (“third- party applications” e.g. Internet browser) and third-party devices in order to provide the GETHAIR VoD service. These third party applications and devices may have their own terms of use and privacy policies and therefore be subject to these. The customer acknowledges and agrees that the GETHAIR VoD service assumes no responsibility or liability whatsoever for the behaviour of third-party applications and the functions of third-party equipment or for transactions you enter into with third-party equipment. You further acknowledge and agree that the compatibility or continued compatibility of applications on third party devices with the service is not guaranteed.

Use of the GETHAIR service

  1. The GETHAIR VoD service and content are the property of GETHAIR and its licensors. The content is protected by law, in particular by copyright and ancillary copyright and intellectual property rights.
  2. GETHAIR grants the customer the limited, non-exclusive, non-transferable, non- sublicensable, revocable permission to use the services of GETHAIR and the non- exclusive, limited, revocable permission to use the content for personal use and for non-

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commercial purposes. This permission is limited to streaming videos, displaying content in images, text and sound for a limited period of time for personal, non-commercial use on your own device. The use remains effective until it is terminated by you or GETHAIR.

  1. None of GETHAIR’s software applications and all content shall become the property of the customer through a purchase or are not transferable to the customer. GETHAIR shall remain the owner of all content (its own and that of its licensors) and all copies of the software applications and content, even after installation on computers, tablets, mobile phones and/or any other devices (“Devices”).
  2. This also applies to the rights of the GETHAIR APP’s of the GETHAIR website and its contents such as texts, graphics, photos, logos, trademarks, titles, training programmes, PDF’s, lists, price lists, databases and other services.
  3. GETHAIR is obliged to cooperate with individuals and other rights holders in the fight against unauthorised reproduction (piracy) and to take legal action against them.

Infringement of copyrights by the customer

The Customer shall be liable to GETHAIR for damages, costs and expenses arising from culpable breaches of obligations arising from the contractual relationship between GETHAIR and the Customer and shall indemnify GETHAIR against any claims by third parties arising therefrom.

Right of use

  1. The customer shall receive no further rights of use unless these are described separately in the individual packages or agreed in writing with GETHAIR.
  2. In particular, he is not entitled to edit or change the contents in any way and to make copies of the contents, to make the contents and access data to the contents available to third parties or to make them publicly accessible, to copy (to “burn”) contents on physical carriers and/or to copy or transfer them to portable playback devices.

Content and programmes

The Customer is not entitled to a specific content within the framework of the subscription or packages described abstractly according to the type of content. GETHAIR reserves the right to change the training courses, the respective price and service description and the realisation of the technical call (e.g. by updating the content inventory) if this becomes necessary for good reasons. Good reasons include, for example, changes in services by licensors or GETHAIR’s contractual partners and the adaptation of services to technical innovations. Should another technical implementation have an influence on the customer’s necessary system requirements, GETHAIR shall inform the customer accordingly.

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Contract period

When purchasing content for temporary use, the following terms of use applyn:

  1. BUY A PACKAGE
    In the case of the PURCHASE OF PACKAGE, GETHAIR shall grant the customer the right of use to view the content on a terminal device in online streaming mode. When purchasing a package, the customer shall be entitled to use the streaming process personally as often as desired within a specified period of time after conclusion of the contract. It is not possible to transfer a package to another person. After expiry of the period described in the respective offers, the right of use expires automatically. There is no need to terminate the contract on the part of the customer.
  2. ABONNEMENTS
    Upon conclusion of a subscription package, the Customer can call up the contents contained in the respective package as often as desired during the period of use described above by means of online streaming. If no cancellation is made, the contract period is extended by the minimum contract period described in each case. The right to terminate for good cause remains unaffected for both contractual partners.
  3. If GETHAIR offers the customer a trial period to use the VoD service, the customer shall only be entitled to this trial period once.

Prices

  1. The current price and service overview can be viewed at www.gethair.me or special offers on sub-pages. GETHAIR’s offer pages for special training programmes describe the overview of services and the current price in detail.
  2. The purchase price for the subscriptions or packages ordered is deemed to be that which is currently available on the website. In case of typing, printing and/or calculation errors, we are entitled to withdraw from the contract.
  3. All prices include VAT and all other taxes and surcharges (prices + VAT)

Registration

  1. The customer answers the information requested during registration truthfully and is responsible for the correct entry of his data. Changes to this data must be made immediately by the Customer himself, online under “Settings”.
  2. Passwords/passwords/access data may not be passed on to third parties and must be kept protected from access by third parties. The Customer is recommended to change them at regular intervals. If there is reason to suspect that unauthorised persons have obtained knowledge of the password/password, the Customer must change the password/password immediately.

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3. The invitation from trainee to coach or from coach to trainee is handled via an e-mail address. By accepting an invitation, the respective user (coach or trainee) agrees to the use of the service in the sense of this contract.

Use of the VoD-Dienst

  1. The customer may not misuse the GETHAIR VoD service; in particular:
    • –  use the accessed content exclusively with one device and for non-commercial purposes.
    • –  not to publicly present, make publicly accessible, permanently and/or locally store, send, process, reproduce, distribute, disseminate, distribute, support such uses or otherwise use the retrieved content in any form outside the contractually agreed purpose
    • –  use the retrieved content only in compliance with national and international copyright law within the scope of the rights of use granted
    • –  Do not remove or change copyright and property right notices for the content. The customer must protect the content from any use by unauthorised persons and from other misuse.
  2. In the case of a substantial breach of duty by the customer as well as in the event of justified substantial suspicion of a breach of duty, GETHAIR shall be entitled to withhold the respective service or the availability of the functionality to which the breach relates by blocking it for the customer. GETHAIR’s right to terminate the contract for good cause remains unaffected.
  3. Unauthorised distribution of Content via a peer-to-peer network, such as unauthorised posting, making available, uploading, downloading or otherwise distributing of Content and/or supporting such acts is expressly prohibited and may result in an extraordinary termination of the Agreement.

Payment, due date and delay

  1. The customer must pay the purchase price immediately, free of charges and without any deductions. The payment options provided are shown at the time of purchase.
  2. In the event of default, all expenses associated with the collection of the claims such as reminder fees and the costs of legal representation in and/or out of court shall be borne by the customer. GETHAIR shall not be obliged to send a reminder.
  3. The customer shall only be entitled to set off claims if its counterclaim against GETHAIR has been legally established, is undisputed or acknowledged. The right of retention, in particular the plea of non-performance of the contract, shall remain unaffected.

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  1. In the event of default of payment, the statutory provisions shall apply. In the event of blocking due to significant breaches of duty, the payment obligation and the assertion of further claims due to default of payment shall continue to exist.
  2. The Customer’s obligation to pay shall also apply to user fees which have arisen because third parties have used authorised or unauthorised content retrievals via the Customer’s access or by using the Customer’s passwords.

Right of withdrawal

If the customer has his habitual residence in the EU, the following applies to the right of withdrawal:

You have the right to revoke this contract within fourteen days without giving reasons. The period begins on the day of receipt of the object of purchase by the customer. The timely dispatch of the declaration of withdrawal or revocation is sufficient to meet the deadline.

To exercise your right of withdrawal, you must

Names Address Phone number E-mail address

inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the model revocation form attached below, but this is not mandatory.

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Sample revocation form

If you want to cancel the contract, copy this text into a blank e-mail and send it filled out to: support[{at}]gethair.me

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-Ordered on (*)/received on (*)
-name of the consumer(s)
-address of the consumer(s)
Signature of the consumer(s) (only for paper-based communications) -date

(*) Delete as appropriate.

Please send the revocation:

GETHAIR
Andreas Innfeld
Zur Egg 865
6867 Schwarzenberg
Austria
or E-Mail to: support[(at)]gethair.me

Warranty and liability

  1. GETHAIR guarantees a 99% annual average availability of the VoD service. This does not include times when the VoD service is not available via the Internet due to technical or other problems beyond GETHAIR’s control.
  2. GETHAIR may restrict access where the security of network operation, the maintenance of network integrity, in particular the prevention of serious disturbances to the network, software or stored data, the interoperability of services or data protection so require.
  3. GETHAIR is also not liable for the content of the online training, in particular the formal or content-related correctness and legality of the statements, texts, images, audio or video carriers, source texts, instructions etc. contained therein.

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  1. The materials contained in the Online Training are intended for practice and demonstration purposes only and may not be used in production environments, especially in security-relevant areas.
  2. This exclusion of liability shall also apply to claims against GETHAIR’s staff, employees, organs or vicarious agents.
  3. GETHAIR accepts no liability for technical faults in the operation of the web shop. GETHAIR also reserves the right to discontinue operation at any time; this shall, however, be without prejudice to the proper processing of contracts already concluded. Despite all due care and use of the latest technology, GETHAIR cannot guarantee that its servers will be available at all times. The temporary failure or temporary unavailability of these servers therefore does not entitle the subscriber to withdraw from the contract or to claim damages.

Data protection

The customer consents to GETHAIR automatically determining, storing and processing personal data such as first name, surname, postcode, address, telephone number, e-mail address, Internet address, bank details for the purpose of concluding and processing the contractual relationship.

Cancellation of a subscription

  1. The contract of use for a subscription package has the term specified in the respective service description and is extended automatically unless it is terminated by the end of the contract. GETHAIR shall inform the customer by e-mail one month before the end of the contract about the right of termination and about the legal consequences associated with non-exercise or delayed assertion.
  2. The cancellation must be made in writing or by e-mail to: support[(at)]gethair.me
  3. Both parties reserve the right to terminate the contract for good cause

Changes of the general terms and conditions

GETHAIR shall inform the customer in writing or by e-mail of any changes to these GTC. The customer shall be deemed to have consented to the amendment to the contract unless the customer objects to the amendment in writing within four weeks of receipt of the notification of amendment. GETHAIR undertakes to inform the customer of the consequences of failure to object in the notification of amendment.

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Others

  1. All legal relations between GETHAIR and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Sales Convention.
  2. Severability clause: Should one or more clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
  3. The details of the Customer’s order and invoice are stored by GETHAIR and are also contained on the GETHAIR website, which the Customer can print out if required. The current version of these GTC shall be available to the Customer at any time at www.gethair.me.
  4. Any disputes arising from this contract shall be subject to the jurisdiction of the Commercial Court for 6800 Feldkirch, Austria.

Information on online payment and online products

  1. All data obtained from the customer/cardholder will be treated as strictly confidential.
  2. The transaction and input of data takes place in a browser window secured by SSL encryption.
  3. On the credit card statement the payment appears under the name “gethair.me”.
  4. When purchasing an online product, the purchase contract is fulfilled immediately by activating the user account for the purchased online product. At the same time the invoice is issued. The Customer agrees that the invoice is stored in electronic form in the respective customer account (INVOICES) for download.