1. General
1.1.
All services of the International Society of Mayr Doctors (hereinafter "IS Mayr Doctors“), contracts with clients or participants (hereinafter "Participants") as well as the solicitation of business in connection with the "IS Mayr Doctors Courses" shall be governed by these terms and conditions ("Terms"). Different terms and conditions of the Participants are valid only if confirmed in writing. Oral commitments and side agreements shall be confirmed in writing. Participants confirm upon registration that they have acknowledged and fully accept these Terms.
1.2.
Different terms of a Participant are not acknowledged, unless specifically approved by "IS Mayr Doctors" in writing. "IS Mayr Doctors" may amend these Terms and other provisions that are effective later on. "IS Mayr Doctors" will implement these changes only for valid reasons, in particular due to technical developments, extensions of services, changes in legislation or case law or for other equivalent reasons.
1.3.
Furthermore, changes require the Participant's consent. Participants agree to be informed about changes of these Terms when they log into the relevant platform or via e-mail sent to the last email address indicated by them. These changes shall be deemed to have been approved, unless a Participant objects in writing or in text form (e.g. via email) within 8 weeks of the date of receipt ("Objection Period"). "IS Mayr Doctors" will separately refer to this fact when giving notice of a change. Unless a Participant objects to the amended Terms within the Objection Period by notice to "IS Mayr Doctors" or continues to use the services despite having received a notification of change, the amended or supplemented Terms will be effective vis-á-vis these Participants. If Participants object within the Objection Period, they as well as "IS Mayr Doctors" may terminate the contract. Any service fees paid in advance over the termination period will be refunded proportionately. In its notification of change, "IS Mayr Doctors" will expressly refer to the possibility of objection and termination, the deadline and the legal consequences, including but not limited to those relating to non-objection.
2. Conclusion of contract, registration, and payment
2.1.
A Participant's registration is binding. Participants can only sign up for courses via the online form of "IS Mayr Doctors" (available at www.fxmayr.com). A contract on a course is concluded once Participants enter their details in the booking form and submit the request to "IS Mayr Doctors". A Participate may change and see data at any time before submitting an online application. An offer can be provided and submitted only if a Participant clicks on the "Continue and set up payment" button and ticks the relevant checkbox to acknowledge these Terms.
2.2.
You will receive confirmation immediately, if appropriate in the ordinary course of business. Data disclosed by the client will be stored by "IS Mayr Doctors" in a data base with the relevant registration date. The client is not able to access these data. The Privacy Statement is incorporated by reference. You will receive an invoice on the course fee, which is payable by bank transfer within 14 days. Participants are entitled to attend the courses if the payment was received by "IS Mayr Doctors" before the start of a course.
3. Services
3.1.
The services provided in connection with the courses correspond to the content described. "IS Mayr Doctors" reserves the right to make short-term changes to services.
3.2.
"IS Mayr Doctor" does not provide any additional ancillary services. The services of "IS Mayr Doctors" do not include travel to and accommodation during a course. Participants are therefore required to organize and pay for travel and accommodation and cannot assert any claims whatsoever vis-á-vis "IS Mayr Doctors".
4. Non-attendance / cancelling / rebooking a course
4.1.
Since the "IS Mayr Doctors" courses accept only a limited number of Participants, the entire course fee is payable even if a Participant should not attend a course. Savings in expenses will be credited. "IS Mayr Doctors" will credit income received therefrom, if the reserved spot can be allocated to another Participant who pays for it. A Participant may provide evidence that the above claim has or has not arisen in the amount claimed. Courses may be cancelled or rebooked to other dates free of charge prior to the original course date.
4.2.
4.2. "IS Mayr Doctors" may charge a reasonable cancellation fee if a Participant cancels a course within four weeks prior to the start of the course. The reasonable cancellation fee for cancelling a course as of 30 days prior to the start of a course is
up to two weeks before the start of a course 30% of the course fee
up to the start of the course 50% of the course fee
as of the start of the course or if a Participant
leaves a course early, 100% of the course fee.
4.3.
Any request to rebook a course shall be made in text form. The original Participant may name a replacement prior to the course at any time.
4.4.
Should an event / a course or part of a course not be held through no fault of "IS Mayr Doctors") (e.g. due to illness of the trainer, pandemic or force majeure), "IS Mayr Doctors" is entitled to the full course fee. In this event, "IS Mayr Doctors" will use its best endeavours to hold the event /course or part of a course within a reasonable period of time. In this case, "IS Mayr Doctors" is entitled to have the course held by another lecturer or to change the times of a course or training session. If only a part of a course is not held (e.g. face-to-face teaching due to illness or pandemic), "IS Mayr Doctors" has the right to hold and charge those parts of the course that can be held (e.g. online academy courses or other course dates), as long as the remaining course parts cover the entire training subject or "IS Mayr Doctors" immediately offers alternatives for those parts of a course that are not held.
4.5.
Participants are advised to take out insurance in case they are not able to attend courses for reasons within their sphere (such as illness), since "IS Mayr Doctors will not cover any financial disadvantages or refund course fees already paid.
5. Transmission of knowledge and copyright
Knowledge transmitted during "IS Mayr Doctors Courses“ may be used only for treatment/application for therapeutic purposes and may not be transferred to third parties in any form whatsoever. An exception applies to documents which "IS Mayr Doctors" has handed out to Participants to be passed on to their patients. All documents provided to Participants are copyrighted and protected as trademarks and signs. Regardless of copyrights, the documents (or extracts thereof) and the login data for the online academy may not be transferred, reproduced, disseminated and/or made available to the public and the trademarks may not be used without the written consent of "IS Mayr Doctors". Video and audio recordings during "IS Mayr Doctor Courses" are prohibited. To ensure the best possible quality, the name "IS Mayr Doctors" and their brands may be used only with prior written consent.
6. Liability
6.1.
The "IS Mayr Doctors" training courses will teach Participants applications that match their respective professional profile. How the knowledge and techniques which the Participants have learned will be applied depends on different needs and their professional framework. Participants who have completed a training course will use the techniques taught by "IS Mayr Doctors" on their own responsibility within the scope of their professional profile and professional rules always in compliance with applicable provisions and regulations. Participants release "IS Mayr Doctors" from any liability.
6.2.
A Participant acknowledges that the courses are for further training rather than professional education. It is therefore the responsibility of each Participant to know which conditions apply to starting and exercising his or her profession. No claims to refunds can be asserted on this basis.
6.3.
Participants act on their own responsibility and at their own risk in connection with demonstrated applications and practical training on patients and other Participants. No claims to compensation of damage - regardless of the legal ground - can be asserted vis-á-vis the trainers and/or "IS Mayr Doctors".
6.4.
If an "IS Mayr Doctors Course" or part of a course is cancelled, Participants have no right to insist on that course being held. In this event, the above provisions apply; the course will be held as soon as possible at a date notified by "IS Mayr Doctors". "IS Mayr Doctors" is liable - also for its employees and vicarious agents - for an infringement of contractual and non-contractual obligations, including but not limited to impossibility, default, culpa in contrahendo and tort only in case of premeditation and gross negligence up to the damage typical of the contract which is foreseeable upon conclusion of the contract. These limitations do not apply in case of culpable breach of material contractual obligations (cardinal obligations), lack of warranted properties, mandatory liability according to the Product Liability Act, and injury to life, limb or health.
6.5.
In connection with courses that require active participation, course Participants are required to disclose physical conditions and limitations to prevent injuries to life, limb or health or a violation of freedom. Liability is excluded entirely whenever the trainer was not informed of physical limitations.
6.6.
"IS Mayr Doctors" is not obliged to prevent the storage of data or content which are or were public domain according to the Terms and Conditions of "IS Mayr Doctors" and the Privacy Statement of "IS Mayr Doctors" by a third party.
7. Term, termination, exclusion
7.1.
The contract between "IS Mayr Doctors" and the Participant is concluded for the duration of the relevant course.
7.2.
"IS Mayr Doctors" may immediately terminate the contract and/or exclude a Participant if the latter infringes Section 5, does not adhere to an instruction or directive or acts in violation of the house rules of the course venue. A Participant is required to pay the training fee regardless of termination of the contract or their exclusion. "IS Mayr Doctors" reserves the right to assert further claims, including but not limited to claims for the compensation of damage.
8. Target group, choice of law, jurisdiction
The target group for the services offered are only enterpreneurs within the meaning of the Austrian Commercial Code and the Consumer Protection Act. These Terms and all disputes resulting therefrom shall be governed by and construed in accordance with the laws of the Republic of Austria. To the extent permitted by law, jurisdiction shall lie with the District Court (Bezirksgericht) Schladming.
9. Right of withdrawal for consumers according to the Consumer Protection Act
If - by derogation from the above provisions - Participants do not use the services of "IS Mayr Doctors" for their commercial or self-employed professional activities, i.e. if a Participate is a consumer unrelated to commercial or self-employed activities, they may withdraw from the contract. The right of withdrawal may be exercised in text form (e.g. letter, fax or email) within two weeks without stating any reasons. The deadline starts on the date of receipt of this information, yet not before the conclusion of the contract and before "IS Mayr Doctors" have fulfilled their obligation to inform the Participant according to the Consumer Protection Act. A notice of withdrawal is deemed to have been given in due time if it is sent before the deadline expires. Withdrawal is and will be effective only once the notice is properly and timely delivered. A notice of withdrawal shall be sent to the International Society of Mayr Doctors, of Stoderplatzl 64, 8962 Gröbming.
10. Consequences of withdrawal
In case of effective withdrawal according to Section 9, the services received by either party shall be returned and any service used shall either be compensated or surrendered. Any payments received and made in connection with this contract will be repaid without delay, within 14 days of the date on which "IS Mayr Doctors" have received the notice of withdrawal, at the latest. No compensation will be charged for refunds. If a Participant has withdrawn from the contract within the deadline of 14 days, yet so late that he has already fully completed and benefited from a course or training, "IS Mayr Doctors" may claim the value of the agreed compensation for that course/training.
11. Data privacy information
The privacy statement as available at https://www.fxmayr.com/de/datenschutz.aspx.