TERMS OF USE
1. Scope of application
1.1 The following Terms of Use shall apply to the relationship between Anna Katrin Stephanie CLEMENS, an individual entrepreneur No. 06777856 under Czech laws, place of business Blanická 922/25, 120 00, Prague 2 – Vinohrady, Czech Republic (“Provider”) and the user who shall participate in her online courses and their extensions (“User”). The course may be ordered by a third party based on the Service agreement and in favour of the participants who shall take part in the course (“Attendee”). In this event, the Terms of Use (especially but not limited to Sec. 6 to 10 of the Terms of Use) shall apply also to the Attendees of the course who shall agree with the Terms of Use via www.thinkific.com (jointly User and Attendee the “Participants”).
1.2 A consumer for the purposes of these Terms of Use means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
1.3 Contact details of the Provider:
Address: Blanická 922/25, 12000, Prague 2 - Vinohrady, Czech Republic
email: [email protected]
phone: +420705914988
2. Subject matter of the contract
2.1 The Provider offers to the User online courses (“Course”) via www.thinkific.com, https://www.annaclemens.com/ and related sites (“Platform”) which usually include access to various materials, videos, information, recordings that are made available and other digital content (“Materials”), coaching calls and other events held by the Provider.
2.2 Prices, details and conditions for the individual Course can be found in the respective product descriptions at https://www.annaclemens.com/course-in-scientific-writing or in the individual offer provided to the Participant. The content of the Course is subject to modification at any time per sole discretion of the Provider.
2.3 The presentation of Courses on the Providers’ website does not constitute a legally binding offer but instead is an invitation to place an order. The service descriptions do not have the character of an assurance or warranty.
2.4 Unless stated otherwise, all offers are valid “while stocks last”, i.e. until the maximum number of participants is reached.
3. Ordering process and conclusion of contract
3.1 Users can purchase the Course on the Platform. During registration, the User must truthfully provide all the requested personal information.
3.2 After payment is received, the receipt and subsequently the access data for the Course shall be sent to the User’s e-mail address stated at the time of booking. The User further agrees to ensure that the data they provide is kept up to date, especially their contact details.
3.3 The contract is concluded at the time the payment is received.
3.4 The Materials and access to the User’s account on the Platform shall be available to the User for the duration of the contract as determined by the respective Course description on the Platform unless agreed otherwise.
3.5. During registration Users are also obliged to provide a link to a researcher profile (LinkedIn, ORCid, lab website, university staff page or similar) and the Provider is entitled to request additional documents in order to verify the User’s identity. The access to the Course and the Platform is not allowed by the Provider until the identity of the User is verified.
3.6 If the User’s identity is not duly verified within 7 days from the conclusion of the contract, the Provider reserves the right to unilaterally terminate the contract. The Provider shall return to the User the fees lowered by the costs of the Provider without undue delay, no later than 10 days from the termination of the contract. The Provider’s costs consist of an administrative fee of 5% of the total price of the Course (without taxes if applicable) which includes especially, but not limited to, a fee charged by the payment system for payment processing (“Administrative fee”). The User agrees that the Provider shall unilaterally set off the Administrative fee against the User’s refund claim.
4. Prices and payment terms
4.1 Participation/booking fees can be found in the product description.
4.2 During the order process, the User can choose among the available methods of payment.
4.3 In the event that the Instalment Plan is available and the User chooses it in contractual process at the Platform, the User is obliged to comply with terms set forth in scheduled payment plan. If the User does not pay the instalments in time, the Provider can request cancellation of the Instalment Plan and immediate payment of the remaining part within 10 days of the day when such Provider’s request was delivered to the User’s e-mail. In the event of late payment the Provider may terminate the contract. The User’s contractual obligations, particularly the obligation to pay remaining instalments, exist regardless of whether the contract was terminated for any reason unless stated otherwise.
4.4 If third parties are used to process payment, e.g. Stripe (https://stripe.com/en-cz) or PayPal (https://www.paypal.com/de/), their Terms and Conditions shall apply.
5. Membership Extension
5.1 The contract might be extended under the conditions of an individual offer provided to the Participant ("Membership Extension"). The term “Course” shall mean Membership Extension as well and these Terms of Use are fully applicable to it unless stated otherwise.
5.2 The Participant might terminate the Membership Extension unilaterally without any reason via the Platform and in that event the access to the Course is granted to the Participant for the duration which was already paid by the Participant until the next billing day of the Membership Extension.
5.3. The Membership Extension is concluded for the duration specified in an individual offer and it is terminated in case the monthly fee is not paid in time. The access to the Course is granted to the Participant for duration which was already paid by the Participant until the next billing day of the Membership Extension.
5.4 In case the Membership Extension was terminated, it is not possible to renew the contract under conditions of Membership Extension and the Participant can choose only from the products published at https://www.annaclemens.com/course-in-scientific-writing.
6. Technical requirements for participation in live events
6.1 When taking part in the Course, each Participant must meet the minimum requirements (internet connection, current browser version, download a program from the video conferencing platform if necessary, speakers or headset) and test these before the Course or any of its part is started.
6.2 Failure to meet the technical requirements for which the User is responsible does not release the User from the contractual obligation to pay. In so far as a Participant does not report any technical problems during a coaching call and no such notifications are evident from the recording either, participation shall be considered to have taken place.
7. Participant's conduct
7.1 The Participant’s right to access to the Participant account is personal, non-transferable and non-assignable, and is subject to any limits established by the Provider.
7.2 The Participant agrees to conduct him/herself within the Course in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Course participants or Course staff members. Verbal, physical, written or other abuse (including threats) towards any Participants of the Course, Course staff members, or any third party is prohibited.
7.3 The Participant acknowledges and agrees that the Provider reserves the right to terminate the contract and/or remove the Participant from the Course, without reimbursement, if the Provider, in its sole discretion, determines that Participant’s behaviour creates a disruption or hinders the Course or the enjoyment of the Course by other Participants or violates the Terms of Use.
7.4 The Participant shall not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage the Participant’s account with the Platform or to monitor or copy the Course or the Materials. Without limitation to the foregoing, the Participant further shall not take any action that imposes an unreasonable or disproportionately large load on the Platform.
8. License, Acknowledgements, and Warranties of the Participant
8.1 The Participant submitting content within the Course grant the Provider the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of the Provider’s products and services (and as promotion of same). The Provider declares that he shall not abuse the Participant’s rights as he shall especially use the Participant’s content on anonymous basis as an example of the student’s work within the Course.
8.2 No member content submitted by the Participant shall contain any content that is obscene, libellous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the member content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems.
8.3 Participant shall indemnify and hold harmless the Provider, its affiliates, and employees, and those licensed or otherwise authorized by the Provider to process, transmit or distribute Participant content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Participant of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Participant content.
8.4 As a Participant you warrant that you are not an agent or employee of any other company offering products or services related to writing coaching, professional development for academics, or editing and proof-reading services and that you use the Platform and Materials solely for the purpose of increasing your personal skills.
8.5 The coaching calls and/or other video calls will be recorded and available to all Participants until Course access expires.
9. Copyright
9.1 The content of all Courses and all Materials are the intellectual property of the Provider and are protected by copyright. They may be used exclusively by the registered Participant to whom they were made available. In particular, publication even if only in part, reproduction, distribution, editing and creation of derivative works and/or excerpts of the Course/Material are prohibited as is the recording of the Course in audio or video or by means of screenshots. Legal proceedings may be initiated in the event of any misuse.
9.2 The Participant agrees to respect copyright and only use the coaching calls / video courses individually for their own use under the Terms of Use.
9.3 The information related to the Course published on the Platform is subject to Czech copyright and ancillary copyright. Each of the Czech copyright and ancillary copyright laws shall require the prior written consent of the Provider or their respective owners. This applies in particular to reproduction, adaptation, translation, storage, processing, and repetition of contents in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or distribution of individual contents or entire pages is prohibited and punishable. Only the production of copies and downloads for personal, private and non-commercial use is permitted.
9.4 The Provider authorizes the Participant to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that the Participant makes no modifications to the Materials and the Provider retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.
9.5 The Participant shall keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity.
10. Termination of the Participant’s participation in the Course
10.1 The Provider, in its sole and entire discretion, has the right to suspend or terminate the contract, Participant’s account and participation in the Course for violation of these Terms of Use without refund. Reasons may include, but are not limited to:
a) Late payment of the instalments based on 4.3 or 5 of Terms of Use;
b) Any breach of the Sec. 7 of Terms of Use related to Participant’s conduct;
c) Any breach of the Sec. 8 of Terms of Use related to Participant’s licence, acknowledgement and warranties;
d) Any breach of the Sec. 9 of Terms of Use related to copyright and intellectual property.
10.2 Such termination of the contract will result in the deactivation or deletion of the Participant’s account or Participant’s access to the account, and the forfeiture and relinquishment of all content in his/her account.
11. Duration and termination of the contract
11.1 The duration of the contract is determined by the respective Course description. The User’s contractual obligations, particularly the obligation to pay, exist regardless of whether the User actually accessed the Platform and/or downloaded the Materials.
12. Rescheduling and cancellation of live events by the Provider
12.1 The Provider reserves the right to cancel any event scheduled in the Course for the absence of the instructor, force majeure or other unforeseeable events and there is no right to request the event to be held. The User shall be informed of the cancellation immediately in writing or via e-mail and the Provider shall schedule a substitute event. Fees already paid shall not be refunded for this reason.
12.2 If the instructor is absent, the Provider reserves the right to appoint an equivalent substitute instructor. In this case there is no entitlement to a refund of Course fees.
13. Right of withdrawal
13.1 Users have a fundamental right to withdraw from the contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day of concluding the contract. To exercise your right to withdraw, you should inform the Provider of your decision to withdraw from this agreement by means of a clear statement (e.g. a letter or e-mail) sent to:
Anna Katrin Stephanie CLEMENS
Blanická 922/25, 120 00, Prague 2 - Vinohrady, Czech Republic
e-mail: [email protected]
13.2 You may use the model withdrawal form to do this which is set forth in Annex 1 to the Terms of use, but this is not a requirement. To meet the cancellation period deadline, it is sufficient to send your notification before the expiry of this deadline.
13.3 If you are an entrepreneur, the above provisions set forth in Sec. 13.1 and 13.2 are not applicable to you.
14. Limitation of Liability
14.1 The contents of the Courses are created with utmost care. The Provider does not warrant the accuracy, completeness or timeliness of the content provided. Use of the content of the Courses as well as of the Platform is at your own risk. Contributions identified by name reflect the opinion of the author and not necessarily the opinion of the Provider.
14.2 In no event will the Provider, its suppliers, or other third parties mentioned at this Platform be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Platform, any websites liked to this Platform, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
14.3 You are entitled to complain about the services provided under the Terms of Use. You may file your complaint in writing to the address of the Provider's registered office or via email [email protected]. The Provider is obliged to handle the complaint within 30 days and to inform you about the result of the complaint procedure. The rights and obligations of the User and the Provider are governed by the relevant provisions of §1914 et seq. Act no. 89/2012 Coll., Civil Code, as amended.
15. No Warranty
15.1 The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Provider further does not warrant the accuracy and completeness of the Materials at this Platform.
15.2 The Provider may make changes to the Materials at this Platform, or to the services and prices described in them, at any time without notice. The Materials at this Platform may be out of date, and the Provider makes no commitment to update the Materials at this Platform.
16. External Links
16.1 The Platform contains links to other websites. These websites are subject to liability of the respective owner. When making the first connection to the external links, the Provider checked its content for legal violations. At the time no violations were found. The Provider has no influence on the current and future design and the content of linked pages. The inclusion of external links does not mean that the Provider adopts the reference or link content as its own. Constant monitoring of these external links is not reasonable for the Provider without evidence of legal violations. With knowledge of statutory violations, such external links will be deleted immediately.
17. Force Majeure
17.1 If the Course/Materials are prevented or delayed in or from performing any of its obligations under the contract due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, the Provider shall not be liable for any resulting failure to provide services hereunder.
18. Place of jurisdiction, applicable law
18.1 The place of jurisdiction and place of fulfilment is the Provider’s place of business.
18.2 The laws of the Czech Republic shall apply. This does not apply if compelling consumer protection regulations prevail.
19. Privacy Policy
19.1 Privacy policy is available at https://www.annaclemens.com/privacy-policy.
20. Alternative Dispute Resolution
20.1 We are neither obliged nor willing to take part in any consumer dispute resolution proceeding. Our email for complaints from Users is: [email protected]
20.2 The User has a right to initiate a procedure concerning an out-of-court resolution of a consumer dispute (ADR) held by the Czech Trade Inspection Authority:
Česká obchodní inspekce
Štěpánská 15, 120 00 Prague 2, Czech Republic
Email: [email protected]
Web: adr.coi.cz
20.3 The User may use as well the platform of the EU Commission regarding online dispute resolution: http://ec.europa.eu/consumers/odr
21. Effective Date and Updates
21.1 The Terms are effective as of May 21, 2021 and are subject to change without notice by the Provider at any time. Please check for changes regularly. Your use of this Platform after such changes constitutes your agreement to such changes.
Annex no. 1
Model withdrawal form
Click here to download Annex no.1 Model withdrawal form in a document
I,
Name, surname: __________________
Date of birth:_____________________
Residing at:______________________
hereby give notice that I withdraw from the contract concluded on___________ relating to online course provided by Anna Katrin Stephanie CLEMENS, individual entrepreneur No. 06777856, place of business Blanická 922/25, 120 00, Prague 2 – Vinohrady, Czech Republic, e-mail: [email protected]
In (place)_____________, on (date)____________
_________________________________________
signature (only if this form is notified in writing)
Updated on: February 19, 2024