Welcome to Respire Academy!

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For any questions and inquiries regarding your participation and organizational details, please visit our website and online portal at https://www.respire.academy/. If you have any further questions, feel free to contact us at office@respire.academy. We look forward to having you!

These General Terms and Conditions (GTC) govern the business relationship between Respire Academy and its customers. They also apply to all future contractual relationships, even if additional contracts do not explicitly refer to them. The version valid at the time of contract conclusion shall be applicable.

 

Respire Establishment - Online Service Respire Academy

Landstrasse 123

9495 Triesen Liechtenstein

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In these GTC, we refer to companies or legal entities as customers, as well as individual natural persons. A legal entity includes multiple individuals referred to as participants in these GTC, for whom the legal entity is responsible.

 

Services

We, Respire Establishment, offer digital, comprehensive educational programs, video and online courses for the purpose of further education through our Respire Academy. Detailed information and descriptions can be found at https://www.respire.academy/. After purchasing a course, it will be made available in digital format (e.g., through step-by-step videos, audios, PDFs) via the personal account created on the learning platform Memberspot for the agreed contract period. It is possible to access the Memberspot platform 24/7 and study the course materials. We ensure that the skills and knowledge required to achieve the educational goals are appropriately conveyed. To achieve the desired results for the participant, a hybrid learning approach in the form of on-site live coaching and several live Q&A sessions via video conferencing with the resilience expert is organized. We do not guarantee specific results regarding the participant's desired outcome from a course.

 

Booking and Registration

Booking is done through a sales representative of Respire Academy. The booking is binding once the corresponding order confirmation is signed by the customer and the initial payment of one-third of the total investment has been transferred to the account of Respire Academy. By signing the order confirmation, the customer confirms that they have read and accepted these GTC, thus entering into a legally binding contract. After the license has been granted for the individual participant by Respire Establishment, the participant can create their own account and register on the course platform Memberspot, gaining immediate access to the booked course. By registering, a participant account (Member Account) is created, which allows access to the member area and our learning community. For online courses, the provision of personal information, including the participant's individual company email address for corporate clients, is required to grant a license. Access to the course will be granted only after payment of the first or full invoice.

Respire Academy reserves the right to reject registrations without stating reasons.

 

Access to the Memberspot platform

The online platform Memberspot is used for course delivery and learning programs, in addition to on-site live coaching and live exchanges via video conferencing, in order to meet the high quality standards of brain-friendly online learning design.

Each participant is responsible, at their own expense and risk, for providing and ensuring internet access (hardware, internet connection, etc.) and other necessary technical facilities and software (e.g., web browser and PDF reader) for using Respire Academy's courses.

Respire Establishment assumes no liability for damages directly or indirectly caused by the use or temporary unavailability of the learning platform, such as damages caused by downloaded files or software, viruses, misplaced links, time loss, etc. Participants are advised to ensure that their internet browser is up to date before using the online portal, due to potential security risks. Should general technical standards on the internet, and therefore those of the Memberspot platform, change in the future, participantsRespire Academy reserves the right to temporarily or permanently block participants' access to the online portal in case of payment default or important reasons attributable to the customer.

Respire Academy is a place for shared growth and development. Personal details may be shared if necessary. Therefore, you are obligated to treat personal circumstances and any personal data of other course participants, which you become aware of, as confidential and to keep silent about them outside the learning community.

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Payment Terms

The amount of the course costs per license, will be sent to you in writing by the respective sales representative of Respire Academy.

The description of the available courses does not constitute a legally binding offer by Respire Establishment, but merely a non-binding invitation to the customer to submit an offer to conclude a contract in accordance with these General Terms and Conditions.

All payments are generally made in the currencies EUR or CHF by bank transfer to the accounts of Respire Establishment. 1/3 of the agreed course costs, is to be paid within 14 days upon mutual signed order confirmation. The second 1/3 is to be paid 14 days before the end of the 4th month of the course. The third 1/3 is to be paid 14 days before the end of the 8th course month. Corresponding invoices will be issued 4 weeks before the amount to be paid.

By agreement, the customer is free to pay the total amount within 14 days upon signing the order confirmation. 

As already mentioned, Respire Establishment reserves the right to temporarily or permanently block the participant's access to the online portal in the event of a delay in payment or for important reasons for which the customer is responsible.

If one or more participants are no longer entitled to access the course, their place in the online platform can be transferred to another participant without any time extension or reduction.  The substitute participant thus also enjoys all the specified hybrid learning forms.

Claims of the customer for assumption or reimbursement of the participation fees or parts thereof (e.g. by funding agencies) do not release the customer from the payment obligations to Respire Establishment.

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Termination/Cancellation of Online Courses

Respire Academy courses start 5 working days after the first payment of the required course fee, by activating the learning platform. Therefore, a cancellation free of charge (beyond the legal regulations for consumer protection, see below, for example, the paragraph on the right of withdrawal according to the Distance Selling Act) is not possible, nor is a rebooking or the provision of a substitute participant. 

For distance selling transactions, Liechtenstein consumer law prescribes a standard set of regulations based on the requirements of the European Consumer Rights Directive 2011/83/EU.

If you wish to exercise your right of withdrawal, all documents must be returned unused.

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Right of Withdrawal according to the Distance Selling Act

The right of withdrawal is granted only to consumers, not to businesses, in distance contracts. Therefore, a business cannot invoke a right of withdrawal in the case of a contract conclusion/order confirmation.

Regardless of the termination options already mentioned, consumers in accordance with the KSchG (Consumer Protection Act) have the right to withdraw from this contract if the course booking is made via the website, email, letter, telephone, or fax.

Declaration of Withdrawal: The withdrawal period is fourteen days from the day of contract conclusion/signing of the order confirmation. Therefore, withdrawal can be made within two weeks after receiving the registration confirmation, and timely sending of the withdrawal statement is sufficient. The withdrawal must be made by means of a clear statement to us (e.g., by post to Respire Establishment, Landstrasse 123, 9495 Triesen, Liechtenstein, or by email to office@respire.academy).

This does not apply to courses/seminars/services that start within these 14 days from the contract conclusion. The provisions also do not apply to self-paced online courses, namely the supply of digital content not stored on a physical medium, if Respire Academy has started the delivery (data transmission, login details) before the expiration of the 14-day withdrawal period according to § 11 FAGG, with your explicit consent, along with your knowledge of the loss of the right of withdrawal in the event of early commencement of contract fulfillment, and after providing a copy or confirmation according to § 5 para. 2 or § 7 para. 3 FAGG.

Consequences of Withdrawal: In the event of a timely and valid withdrawal, you are not obligated to pay any compensation. If you have already made a payment and you withdraw from this contract, we will refund all payments we have received from you, including delivery costs, without undue delay and no later than fourteen days from the day on which we receive the notification of your withdrawal. We will make the refund using the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in any case, you will not incur any fees as a result of the refund.

If you have requested that the services should begin during the withdrawal period, you are required to pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the overall scope of the services provided for in the contract.

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Termination without Notice

Respire Establishment has the right to terminate the contract without notice if there is a significant reason. A significant reason for termination by Respire Establishment includes:

• Customer's payment default despite prior payment reminders

• Disclosure or sharing of one or more login credentials for the online portal with third parties and/or their authorization to use the customer's user account

• Commercial use of the online portal, distance learning courses, or their content, in whole or in part, by the customer or third parties through the customer

• Bypassing or attempting to bypass technical measures, such as copy protection settings of the video player, which serve to protect the courses provided through the online portal from unauthorized exploitation

Any additional legal claims remain unaffected by the termination of the contract.

 

Changes in the Course Program

The names of the courses and individual lessons may be changed at any time. The courses may also be continuously updated, improved, and optimized in terms of content (e.g., videos, materials, audio, etc.). Therefore, Respire Establishment reserves the right to modify and improve courses. Changes and updates to the courses can be made continuously, with separate written information provided to participants through the online portal.

 

Confidentiality of Online Access Credentials

To access our paid courses, please use your individual login credentials. Each participant is obliged to keep their own access credentials (email and password) confidential for the individual use of the online courses provided by Respire Academy and not to disclose them to third parties.

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Course Materials / Course Videos & Copyright, Trademark Protection

All materials and content (including courses, videos, audios, presentations, course materials, handouts, workbooks, website content, learning platform content, online offerings, etc.) provided by Respire Academy are protected by copyright and potentially other intellectual property rights (trademark, patent, design, etc.). They contain the copyright of Respire Establishment and are intended for personal use only. Respire Academy grants participants a non-transferable, non-exclusive right to use the protected content for personal use.

It is expressly prohibited to modify, reproduce, distribute, translate, exhibit, publicly display (such as by making it publicly accessible/uploading to the internet), or use the materials or content, even in part, for personal seminars or training purposes. In the event of non-compliance, Respire Establishment reserves the right to claim damages and seek injunctive relief.

The documents provided as part of the service are created to the best of our knowledge and belief. Liability and warranty for the correctness, timeliness, completeness, and quality of the content are excluded.

 

Personal Responsibility

Participation in courses at Respire Academy is at your own risk and responsibility. It does not constitute medical treatment or psychotherapy, and participants are expected to be in a stable mental and physical condition. Some courses may teach communication techniques, self-influence methods, and improvement of individual learning processes. Participants are liable for any damages caused by themselves.

 

Warranty, Compensation, Disclaimer of Liability

Respire Establishment is obligated to provide participants with courses to the extent described and offered in the respective course description, and it does not guarantee any specific outcome or success, particularly in terms of professional or financial success.

Respire Establishment is not liable for any damages caused by participants to property or persons, or any damages suffered during the course.

Respire Establishment, as well as its employees, are only liable for damages, excluding personal injury, if intent is proven by the contracting party. All participants waive the right to assert any claims for damages of any kind due to negligence.

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Data Protection

All personal information of participants and prospective participants is treated confidentially. The participant agrees to the storage of personal data within the business relationship with Respire Establishment, in compliance with data protection laws, in particular the GDPR. The data is used solely for internal purposes unless transmission is necessary in connection with our service provision (e.g., for issuing examination certificates). By registering or submitting data, participants and prospective participants consent to the storage, processing, and use of all personal data provided electronically, by phone, orally, by fax, or in writing for the purpose of transmitting information. This also includes the sending of automated emails to the provided email address(es). Unsubscribing is possible at any time.

If participants or prospective participants transmit personal data of third parties, they confirm that they have obtained the consent of those third parties. The customer indemnifies Respire Establishment from any claims by third parties in this regard.

Respire Establishment takes data protection very seriously, and therefore, the data is processed in accordance with applicable data protection regulations. More detailed information can be found at https://www.nadinerass.com/datenschutzerklaerung.

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Data Protection

All personal information of participants and prospective participants is treated confidentially. The participant agrees to the storage of personal data within the business relationship with Respire Establishment, in compliance with data protection laws, in particular the GDPR. The data is used solely for internal purposes unless transmission is necessary in connection with our service provision (e.g., for issuing examination certificates). By registering or submitting data, participants and prospective participants consent to the storage, processing, and use of all personal data provided electronically, by phone, orally, by fax, or in writing for the purpose of transmitting information. This also includes the sending of automated emails to the provided email address(es). Unsubscribing is possible at any time.

If participants or prospective participants transmit personal data of third parties, they confirm that they have obtained the consent of those third parties. The customer indemnifies Respire Establishment from any claims by third parties in this regard.

Respire Establishment takes data protection very seriously, and therefore, the data is processed in accordance with applicable data protection regulations. More detailed information can be found at https://www.nadinerass.com/datenschutzerklaerung.

 

Complaints and Dispute Resolution

Customers and participants have the opportunity to submit complaints and other communications to us at the following email address: office@respire.academy.

 

General Provisions

These terms and conditions, as well as the contracts concluded between Respire Establishment and the customer, are exclusively governed by the laws of the Principality of Liechtenstein.

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Status: 27.02.2023

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