Terms of Use

THIS IS A NON-BINDING TRANSLATION OF THE GERMAN PAGE “NUTZUNGSBEDINGUNGEN

 

  1. Scope

The following Terms of Use in the currently valid version apply to all use and content of the website www.florian-oberparleiter.com, in particular the published illustrative material (e.g. film, photo and sound recordings) and the online courses by the user (i.e.”user”) as well as for all services and other legal transactions between Florian Oberparleiter (i.e. “entrepreneur”) and the user. The offer on the named website is aimed exclusively at consumers in the sense of the Austrian consumer protection law (Konsumentenschutzgesetz).

By using the aforementioned website, the user accepts these Terms of Use legally binding and in full. If the user does not agree, he may not use the website.

The inclusion of user Terms of Use that deviate from these Terms of Use shall be rejected unless expressly accepted by the entrepreneur.

These Terms of Use may be changed at any time. The user is responsible for keeping oneself regularly up to date on any changes to these Terms of Use. By continuing to use the website, the user accepts and agrees to the changes.

Verbal agreements, in particular promises of employees of the entrepreneur, always require a written confirmation.

 

  1. Disclaimer

The entrepreneur provides the user with access to the content of the website www.florian-oberparleiter.com – partially free of charge, sometimes for a fee. On the mentioned website, in particular, various visual aids (e.g. film, picture and sound recordings) and online courses on the topic “handling of horses” are published. Unless otherwise agreed in the contract, the entrepreneur voluntarily provides the illustrative material without legal obligation. He is free to design the contents and reserves the right to change, expand, restrict or remove them from the website at any time. Unless otherwise agreed in the contract, the user is not entitled to the availability of the content. The visual material published on the website was created with the greatest possible care. No liability is assumed for the topicality, legality, correctness, completeness or quality of the published contents. The entrepreneur owes the user no success in connection with the published content and assumes no liability in this respect.

It is expressly pointed out that the techniques shown in the illustrative material were carried out by specially trained persons or under the supervision of specially trained persons. It is not recommended to imitate the techniques shown without the necessary background knowledge and training or without professional supervision and appropriate protective clothing. Handling horses is generally associated with a risk of injury. The elimination of aids such as saddle and bridle increases the risk and is not permitted or insured in many places. In general, riding and handling horses are always at your own risk!

Liability claims against the entrepreneur, which refer to material or immaterial damage caused by the use or non-use of the published content or by the use of incorrect and incomplete content are excluded, as far as this does not violate the law and damage was not caused deliberately or grossly negligent. This applies in particular to damages due to slight negligence, indirect damages, lost profits, interest losses, omitted savings, consequential and financial losses, damage from claims of third parties and for damages resulting from improper use, errors, delays or interruptions in the transmission, in case of malfunction of technical equipment, loss or deletion of data, viruses or in any other way when using this website. Any liability of the entrepreneur is in any case typically limited to the use and foreseeable damages as well as the amount with the maximum liability amount of the compulsory liability insurance concluded by him.

 

  1. Copyright and usage rights

The contents published on the website www.florian-oberparleiter.com are all protected by copyright.

The user complies not to misuse the published contents in violation of these Terms of Use or any contract associated with the use of this website. Specifically, the user is not allowed to:

    • remove or modify the copyright or usage rights of the content;
    • manipulate or otherwise alter the retrieved content;
    • store or retrieve the retrieved content for the purpose of further distribution on the Internet or via other media:
    • use the retrieved content outside the private sector, for example for commercial purposes;
    • publicly present, publicly access, permanently and / or locally store, send, edit, reproduce, distribute, publicly reproduce, promote, support such uses, or otherwise obtain them for any particular purpose use.

The user has:

    • to protect the retrieved content from any use by unauthorized persons and from other misuse;
    • respect the rights of third parties and in particular respect the obligations of the Privacy Policy.

In the event of a breach of the above provisions, the user shall be liable to the entrepreneur for all resulting damages and shall indemnify and hold harmless against third parties. Liability is waived if the user proves that he is not responsible for the breach.

The user is always solely responsible and releases the entrepreneur from any liability to third parties due to unauthorized or general use.

 

  1. Jurisdiction and law:

The Terms of Use and user contracts between the user and the entrepreneur are governed by Austrian law, excluding the referral norms of substantive uniform law, in particular the UN Sales Convention on the International Sale of Goods. Place of fulfillment is the registered office of the entrepreneur. The place of jurisdiction is – unless this is contrary to mandatory law – exclusively the relevant court in Linz, Austria, as agreed.

  1. General:

The contract language is German, as agreed. Any translations of these Terms of Use in languages other than German are for informational purposes only and are not binding. If any provision of these Terms of Use or the contract should be ineffective, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by a valid one that comes closest to the intended objective.

Documents (e.g. invoices), which are sent to the user to the last known email address, shall in any case be deemed to have been received, unless the user has demonstrably notified the entrepreneur in writing of a change in email address.