1.1 This service is provided by
Independence284 GmbH
Novalisstr. 10, 10115 Berlin, Germany, Authorized representative: Matthias Bellmann
and provides online courses on the following websites ("Websites"):
Passion.io1.2 These terms (“Terms”) apply to all services provided by Independence284 GmbH (“Independence284,” "Passion.io", “us,” or “we”) on its or through its Websites (“Services”) to the person using the Services and who has accepted the Terms (“User”). The User may access the current version of the Terms at any time on the Website and may print, download and/or save it.
1.3 These Terms shall apply exclusively. Differing or contrary terms of the User do not apply, except if expressly agreed upon in writing by Passion.io.
1.4 BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
2.1 General
Passion.io has established several online learning programs,
which have been designed to impart skills and knowledge to its Users
to accelerate education or a future or ongoing career in the respective industry of the instructor (each a “Program”, together the “Programs”).
Once the User has enrolled in a Program, the course material will be accessible through the Website.
If the User participates in a mentor-supported Program, he may schedule online video calls or webinars with the mentor (“Mentor”)
to discuss and clarify any open questions related to the Program at dedicated intervals depending on his chosen Program.
Selected assignments will be corrected by the Mentor or a member of staff.
The User can find a detailed service description of each Program on the Website.
2.2 Booking of Programs
After the registration on one of the Websites or logging into his account,
the User may try a sample course and/or set up a meeting with a Mentor or student advisor free of charge.
If the User has decided to participate in a Program the booking can be made on the Websites.
The representation of the respective Programs on the Websites represents a binding contract offer by Passion.io to its Users (“Offer”).
2.3 Acceptance
The User accepts the Offer by clicking the button “Pay with credit card” or “Pay with PayPal” (“Acceptance”).
Passion.io notifies the User immediately that it has received his booking.
Upon receiving the booking, Passion.io enables the User to have access to the booked Program through the User`s account.
2.4 Passion.io´s receipt of the Acceptance shall mark the point at which the contract between Passion.io and the User becomes binding.
2.5 Bookings placed by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.
2.6 Any use of the word "lifetime" always refers to the life of the company, not the lifetime of the customer.
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
The certificates issued by the Websites after the completion of a course are internal certificates and do not have the aim to prepare the User for government or public examinations.
5.1 In order to use the Services, the User must register for an account on the Website (“Account”). The registration is free of charge. User must provide accurate and complete information and keep the Account information updated.
5.2 The User is solely responsible for the activity that occurs on his Account. The User shall keep his login data (Username and password) confidential and prevent any unauthorized use by third parties. He or she shall immediately inform Passion.io if there are indications that any third party is misusing his account.
5.3 The User may not use names or other personal data for his Account that could infringe the rights of any third party. Passion.io may restrict, block, or delete an Account if the User has given false information during the registration or if the User violates applicable laws, regulation or these Terms. When choosing one of the aforementioned measures, Passion.io will consider the impact of the false information, the legitimate interests of the User and the degree of responsibility.
5.4 The User may delete his Account at any time without providing a reason or notice, by sending an e-mail to support@Passion.io. Passion.io advises the User that if he deletes his Account, any unlocked course material will no longer be available to him through the Websites.
6.1 The course fees arise from the respective current price list, which is accessible on the Website at all times. The obligation to pay the course fee shall apply irrespective of whether the User uses the provided Services or not.
6.2 Passion.io offers the possibility for cashless payment by way of the payment methods as indicated on the Website. Passion.io reserves the right to offer certain payment options to some Users and not to other Users.
6.3 The course fee is due for payment after the user accepts the offer. If the User chooses to pay by credit card or via PayPal, his credit card account will be charged as soon as the ordering process is completed. If the User choses to pay via bank transfer, the first payment shall be due immediately after receipt of the invoice.
6.4 As of the date stated above, the Service is provided to you for free, but Passion.io reserves the right to implement fees for the Service at any time by providing you notice. Certain content offered through the Service is available to you for a fee (“Paid Content”). Passion.io uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Passion.io is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Passion.io will obtain certain transaction details, which Passion.io will use solely in accordance with its Privacy Policy.
Passion.io does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers). Passion.io reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Passion.io will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8.1 The contract is entered into for the period booked by the User.
8.2 Beyond statutory requirements (see Section 7. of these Terms), Passion.io provides the User with a full refund if he drops out within the first 14 days from the day of the conclusion of the contract, i.e. Passion.io will not charge the User for services which have already been provided to him.
8.3 Irrespective of the right of withdrawal (see Section 7. of these Terms), the User may terminate the contract without reason at any time after the Program begins with a notice period of two weeks. This does not affect the right of the parties to issue a termination for good cause.
8.4 Termination of this contract shall require written notification in all cases.
8.5 You may terminate your use of the Service at any time by terminating your account and deleting any Passion.io software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with Passion.io regarding the Service or these Terms. Passion.io may suspend or terminate your access to the Service at any time, for any reason. If Passion.io suspects that you have violated any provision of these Terms, Passion.io may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Passion.io software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Passion.io nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
8.6 Know that we are only able to refund purchases made online at
Passion.io
and via Google Purchase. All purchases made in our app are processed by either Apple or Google, depending on if you have an Apple or Android device. Apple asks that you contact them directly for a refund as we do not have access to their processing system.
9.1 You have the right to withdraw from this contract within 14 days without giving a reason.
9.2 To exercise the right of withdrawal, you must inform us (e-mail: support@passion.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
9.3 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse you with all payments Passion.io has received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
(complete and return this form only if you wish to withdraw from the contract)
To
Passion.io
Independence284 GmbH
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate
The User must observe all technical guidelines by Passion.io concerning the use of the Services to ensure an undisturbed operation of the Websites and the Programs. Technical guidelines include access to a computer or similar device from which the website and course materials can be viewed, a stable internet connection and access to a video conferencing service such as Skype or Google Hangouts, to carry potential mentor meetings.
12.1 The User may choose, upload and/or contribute content to the Service (“User Content”). The User represents and warrants that he has the right to upload the User Content to the Service and that the User Content does not and will not (i) violate any third party´s rights (including but not limited to patent rights, copyrights, trademarks, trade secrets or other intellectual property rights, (ii) contain material that is defamatory, slanderous, libelous, or obscene, portrays any person in a false light, constitutes an invasion of any right to privacy or an infringement of any right to publicity, or otherwise violates any rights of any third party or (iii) violates any applicable laws, regulations or these Terms.
12.2 Passion.io reserves the right to remove or disable access to any User Content at Passion.io´s sole discretion, in case that it comes to Passion.io’s attention that User Content violates third party rights, any applicable laws, regulations or these Terms. Passion.io may take these actions without prior notification to the User.
12.3 Passion.io is entitled but not obligated to save, publish and delete the User Content.
12.4 Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. The User should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
12.5 For any User Content that is uploaded to the Service, the User grants us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Passion.io’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Passion.io in these Terms. You may modify or remove your User Content via your Passion.io Account or by terminating your Passion.io Account, but Passion.io may, in accordance with Passion.io’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.
12.6 The User agrees not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Passion.io’s or its partners’ products and services, as determined by Passion.io in its sole discretion; or (vi) in Passion.io’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Passion.io, its affiliates, or users to harm or liability of any nature. Although Passion.io has no obligation to screen, edit, or monitor any User Content, Passion.io reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
13.1 Content on the Service, including User Content and Paid Content provided by other users, has been licensed to Passion.io in accordance with various licensing agreements between Passion.io and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.
13.2 The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.
13.3 Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Passion.io or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Passion.io or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.
14.1 Passion.io grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by Passion.io on the Websites (“Content”) solely for purpose of using the Services and Programs. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of Passion.io.
14.2 You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
15.1 Passion.io respects the intellectual property rights of others, and asks you to do the same. It is Passion.io’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Passion.io’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Passion.io or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. You may write to Passion.io’s designated agent for notice of copyright infringement at:
Independence284 GmbH
Novalisstr. 10, 10115 Berlin, Germany, Authorized representative: Matthias Bellmann
15.2 If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Passion.io or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Passion.io, then Passion.io may, in its sole discretion, reinstate the removed or disabled material.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. Passion.io is a trademark of Independence284 GmbH. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of NLN or the owner of the mark, as appropriate, is strictly prohibited.
17.1 When you join Passion.io, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is Passion.io’s representative or agent. The Service may include tools that enable users to arrange in-person meetings. Passion.io is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.
17.2 You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
The User agrees at his own expense, to indemnify, defend and hold inculcable Passion.io, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors and any other of its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorneys fees and costs) arising from or related to the User`s use or misuse of, or access to the Services, content, or otherwise from User Content, violation of these Terms, or infringement by the User, or any third party using his Account or identity in the Services, of any intellectual property or other right of any person or entity. Passion.io reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with Passion.io in asserting any available defenses.
The User acknowledges that the Services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party websites or resources on the Internet (collectively, the “Third-Party Services”). When the User accesses the Third-Party Services, he will do so at his own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between the User and the relevant third party, and not Passion.io. Passion.io makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by the User with any such third party.
We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Passion.io is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer). The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Unless otherwise agreed by Passion.io in writing, Passion.io is not obligated to provide any support for the Service.
22.1 Passion.io cannot warrant that the Programs and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.
22.2 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSION.IO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Passion.io DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Passion.io, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
23.1 NEITHER PASSION.IO NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
23.2 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF PASSION.IO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Passion.io provides the User with information on how data is collected and processed in Passion.io´s Privacy Policy.
If you provide feedback to Passion.io regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Passion.io to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Passion.io a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
The failure of Passion.io to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Passion.io. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
29.1 Passion.io reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): If we modify these Terms, we will indicate that we have done so on the Passion.io website at https://passion.io/en/pages/terms-of-service or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. Passion.io will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case the User objects, Passion.io is entitled to not accept future bookings of Programs by the User.
29.2 Passion.io is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the User does not have a worse economic position due to the new or changed conditions than according to the original condition.
30.1 These Terms shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. For contracts with an objective which cannot be mainly assigned to the User's professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
30.2 As far as legally admissible, place of performance and place of exclusive jurisdiction shall be Berlin, Germany.
Within the reach of the German Distance Learning Protection Act (FernUSG), disputes arising from a course contract or regarding
the existence of such a contract, the court shall have exclusive jurisdiction in which the User has his general place of jurisdiction.
A different agreement shall be permitted if it is concluded explicitly and in writing after the dispute has arisen.
If the User moves his domicile or his permanent place of residence out of the reach of the German Distance Learning Protection Act (FernUSG)
after entering into the contract or if his domicile or his habitual residence is not known at the time of filing an action,
the place of jurisdiction is Berlin, Germany.
30.3 Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision must be replaced by a legally permissible provision that most closely reproduces the content and the economic effect of the invalid provision.
30.4 The contract language is English.
30.5 These Terms are the entire agreement between you and Passion.io regarding your use of the Service.
30.6 For questions, comments, complaints, or claims related to the Service, please contact Passion.io at:
Independence284 GmbH
Novalisstr. 10, 10115 Berlin, Germany, support@passion.io
Version: June 21, 2016