Terms of use
This agreement applies as between you, the user of this website, and MBS-Training, Learn4D365 - Rene Gayer, the owner(s) of this website. Your agreement to comply with these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.
The Learn4D365 learning platforms are operated by MBS-Training, Learn4D365 - Rene Gayer. By registering as a user, you accept these terms of use, which govern the contractual relationship between you and the operators of the learning platform.
1. Definitions and Interpretation
In this agreement, the following terms shall have the following meanings:"Account": means collectively the personal information, payment information, and credentials used by users to access paid content and/or any communications system on the website;"Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this website;"Facilities": means collectively any online facilities, tools, services, or information that MBS-Training, Learn4D365 - Rene Gayer makes available through the website either now or in the future;"Services": means the services available to you through this website, specifically use of the MBS-Training, Learn4D365 - Rene Gayer proprietary e-learning platform;"Payment Information": means any details required for the purchase of services from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes;"Premises": means our place(s) of business located at Föhrenwaldgasse 12, 2700 Wiener Neustadt, Austria;"System": means any online communications infrastructure that MBS-Training, Learn4D365 - Rene Gayer makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;"User/Users": means any third party that accesses the website and is not employed by MBS-Training, Learn4D365 - Rene Gayer Ltd and acting in the course of their employment;"Website": means the website that you are currently using www.learn4d365.ai and any sub-domains of this site unless expressly excluded by their own terms and conditions; and"We/Us/Our": means MBS-Training, Learn4D365 - Rene Gayer, a company incorporated in Austria with Rene Gayer registration number 1 GG/143-2006/Kl, located at Föhrenwaldgasse 12, 2700 Wiener Neustadt, Austria.
2. Conclusion of Contract and User Accounts
These terms and conditions also apply to all customers procuring services in the course of business, and personal. Persons under the age of 18 should use this website only with the supervision of an adult. Payment information must be provided by or with the permission of an adult.2.1 A user contract is established with MBS-Training, Learn4D365 - Rene Gayer once you complete the online registration process and create a profile. This contract grants you temporary time-limited free access to limited content for testing purposes. MBS-Training, Learn4D365 - Rene Gayer reserves the right to adjust this period at any time, in either direction.2.2 To create a profile, you must set up a user account with a username and password ("login data").2.3 A valid email address is required to create a user account, and it will be used for communication with the operator.2.4 You must ensure that the information provided when creating your profile ("profile data") is accurate and complete. The use of pseudonyms is not permitted. Our platform primarily targets business customers but is also available to private individuals.2.5 The contract language is German/English.2.6 You are required to choose a secure password that is not easily guessable and does not consist of common words or phrases. Keep your password confidential and do not disclose it to third parties outside your company.2.7 You are liable for all purchases and damages caused by third parties using your username and password if the misuse results from your negligence in safeguarding your password.2.8 If we suspect misuse or fraudulent activity associated with your account, or if your account is used in violation of these terms and conditions, we reserve the right to suspend or disable your account until the issue is resolved. This will not affect any existing payment obligations.
3. Use of the Profile
3.1 As a user, you can access various services:
- Free: Limited access to selected videos.- Unlimited: A paid service granting access to all learning content on a monthly basis. The subscription renews automatically each month unless canceled by the user.- Affiliate: A paid service available to Unlimited users, allowing them to offer fee-based access to video training to their customers. Content selection is managed by MBS-Training, Learn4D365 - Rene Gayer.
3.2 MBS-Training, Learn4D365 - Rene Gayer reserves the right to block access to specific content if there is suspicion of legal violations or infringement of third-party rights. Users have no claim to the maintenance of specific functionalities on the platform.3.3 MBS-Training, Learn4D365 - Rene Gayer endeavors to ensure the smooth operation of the platform. However, the operator cannot guarantee uninterrupted access due to factors beyond its control, such as maintenance work, capacity demands, or unforeseen events. Consequently, any liability in this regard is expressly excluded. Despite careful management, downtimes may occur.
4. Rights of Use
Courses on Learn4D365 are licensed to you, not sold. This license is limited, non-transferable, and allows you to view and display the courses and associated content for which you have paid all required fees. This license is granted for personal, non-commercial educational use only.Without explicit written consent from an authorized representative of MBS-Training, Learn4D365 - Rene Gayer, you may not reproduce, redistribute, transmit, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, sublicense, or otherwise transfer any courses. MBS-Training, Learn4D365 - Rene Gayer reserves the right to revoke access to any course at any time for legal or political reasons or if the course content is no longer relevant.
Downloading courses is not supported on any platform. Any unauthorized attempts to download will result in legal action. The platform cannot guarantee continuous, uninterrupted access to its website, but every effort is made to maintain it. Any liability for interruptions is expressly excluded.
5. Personal Data
5.1 By using the platform, you agree to the storage of the personal data you provide. This includes the display of your personal data within your profile for other users and third parties.5.2 The collection, processing, and use of personal data by the operator are necessary for the operation of the platform. The operator assures that all data will be handled carefully and processed exclusively within the scope of the user's consent. Any further use of personal data will only occur if legally permissible or with the user's prior consent.5.3 You also consent to the operator using your personal data for direct marketing purposes, including advertising via email and post.
6. Copyright
All texts, images, and other information published on our website are protected by copyright unless otherwise indicated. Reproduction or modification of this content requires our written permission. Any infringement may result in legal action, and the user will be liable for any associated costs. The Copyright, Designs, and Patents Act 1988 applies.
7. Links to Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of MBS-Training, Learn4D365 - Rene Gayer or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this website on other sites may do so only to the home page of the site MBS-Training, Learn4D365 - Rene Gayer without our prior permission. Deep linking (i.e., links to specific pages within the site) requires our express written permission. To find out more, please contact us by email or call us at the following number: your_number.
9. Use of Communications Facilities
9.1 When using any system on the website, you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:9.1.1 You must not use obscene or vulgar language.9.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist.9.1.3 You must not submit content that is intended to promote or incite violence.9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to inquiries submitted in any other languages.9.1.5 The means by which you identify yourself must not violate these terms and conditions or any applicable laws.9.1.6 You must not impersonate other people, particularly employees and representatives of MBS-Training, Learn4D365 - Rene Gayer or our affiliates.9.1.7 You must not use our system for unauthorized mass communication, such as "spam" or "junk mail."9.2 You acknowledge that MBS-Training, Learn4D365 - Rene Gayer reserves the right to monitor any and all communications made to us or using our system.9.3 You acknowledge that MBS-Training, Learn4D365 - Rene Gayer may retain copies of any and all communications made to us or using our system.9.4 You acknowledge that any information you send to us through our system may be modified by us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance, and we reserve the right to reject such terms and associated information.
10. Accounts
10.1 In order to procure services on this website and to use certain other parts of the system, you are required to create an account that will contain certain personal details and payment information, which may vary based upon your use of the website, as we may not require payment information until you wish to make a purchase. By continuing to use this website, you represent and warrant that:10.1.1 All information you submit is accurate and truthful;10.1.2 You have permission to submit payment information where permission may be required; and10.1.3 You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.10.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.10.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment, then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.10.4 When choosing your username, you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
11. Termination and Cancellation of Accounts
11.1 Either MBS-Training, Learn4D365 - Rene Gayer or you may terminate your account. If we terminate your account, you will be notified by email, and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.11.2 If we terminate your account, any current or pending orders or payments on your account will be canceled, and the provision of services will not commence.11.3 The Unlimited Membership starts with your order and acceptance of these terms of use and is billed monthly. Membership renews automatically each month unless canceled by the user.11.4 If you wish to cancel your membership, you must do so before the next billing cycle to avoid being charged for the subsequent month.11.5 Free trial accounts remain active unless we choose to deactivate them after a period of inactivity. Your user account will be deactivated at the end of the Unlimited access if canceled. The account itself and learning progress will be preserved for potential reactivation. However, if no contact is made within four weeks after the expiration of Unlimited access, we reserve the right to delete the account entirely. Unlimited access provides a time-limited license to view content, but not ownership of the content itself. Unauthorized duplication of content is prohibited and will be prosecuted.
12. Services, Pricing, and Availability
12.1 While every effort has been made to ensure that all general descriptions of services available from MBS-Training, Learn4D365 - Rene Gayer correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.12.2 Where appropriate, you may be required to select the required plan of services.12.3 We neither represent nor warrant that such services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the website.12.4 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.12.5 In the event that prices are changed during the period between an order being placed for services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Disclaimer
13.1 MBS-Training, Learn4D365 - Rene Gayer does not guarantee the accuracy, completeness, or timeliness of the information provided on the website. Liability claims against MBS-Training, Rene Gayer, or the Learn4D365 platform related to material or immaterial damages caused by the use or non-use of the provided information, or by the use of incorrect or incomplete information, are excluded unless there is demonstrable intentional or gross negligence by MBS-Training, Rene Gayer.13.2 All offers are non-binding and subject to change without notice. MBS-Training, Learn4D365 - Rene Gayer reserves the right to modify, supplement, delete, or temporarily or permanently discontinue parts of the website or the entire offer without prior notice.13.3 We assume no liability for damages resulting from the download of files from our website unless it can be proven that the files caused damage in their original, unaltered form.
14. Termination and Duration of Membership
14.1 The Unlimited Membership starts with your order and acceptance of these terms of use and is billed monthly. Membership renews automatically each month unless canceled by the user.14.2 If you wish to cancel your membership, you must do so before the next billing cycle to avoid being charged for the subsequent month.14.3 Free trial accounts remain active unless we choose to deactivate them after a period of inactivity. Your user account will be deactivated at the end of the Unlimited access if canceled. The account itself and learning progress will be preserved for potential reactivation. However, if no contact is made within four weeks after the expiration of Unlimited access, we reserve the right to delete the account entirely. Unlimited access provides a time-limited license to view content, but not ownership of the content itself. Unauthorized duplication of content is prohibited and will be prosecuted.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the provisions of the European Data Protection Act (GDPR)and your rights under that Act.
15.2 We are committed to protecting your personal data and ensuring its privacy, security, and compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to the collection, processing, and storage of your personal data as outlined in our Privacy Policy. We will only use your data for legitimate business purposes, and you have the right to access, rectify, or request the deletion of your data at any time. 15.2 We may use your personal information to:Provide our services to you;Process your payment for the services; andInform you of new products and services available from us. You may request that we stop sending you this information at any time.15.3 In certain circumstances (if, for example, you wish to purchase services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the European Data Protection Act (GDPR) and should use and hold your personal information accordingly.15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
16. Disclaimers
16.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services.16.2 No part of this website is intended to constitute advice, and the content of this website should not be relied upon when making any decisions or taking any action of any kind.16.3 No part of this website is intended to constitute a contractual offer capable of acceptance.16.4 While we use reasonable endeavors to ensure that the website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers.
17. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the website, its content, or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use the website following the changes. If we are required to make any changes to these terms and conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Website
18.1 The website is provided “as is” and on an “as available” basis. MBS-Training, Learn4D365 - Rene Gayer uses industry best practices to provide high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the website or facilities will be free of defects and/or faults, and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.18.2 We accept no liability for any disruption or non-availability of the website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its content at your own risk.19.2 Nothing in these terms and conditions excludes or restricts MBS-Training, Learn4D365 - Rene Gayer's liability for death or personal injury resulting from any negligence or fraud on the part of MBS-Training, Learn4D365 - Rene Gayer.19.3 Nothing in these terms and conditions excludes or restricts MBS-Training, Learn4D365 - Rene Gayer's liability for any direct or indirect loss or damage arising out of the incorrect provision of services or out of reliance on incorrect information included on the website.19.4 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.
22. Third-Party Rights
Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and MBS-Training, Learn4D365 - Rene Gayer.
23. Communications
23.1 All notices/communications shall be given to us either by post to our premises (see address above) or by email to help@learn4d365.com. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.23.2 We may, from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email that you receive from us.
24 Law and Jurisdiction
These terms and conditions and the relationship between you and MBS-Training, Learn4D365 - Rene Gayer shall be governed by and construed in accordance with the law of Austria, and MBS-Training, Learn4D365 - Rene Gayer and you agree to submit to the exclusive jurisdiction of Austria.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.
The Learn4D365 learning platforms are operated by MBS-Training, Learn4D365 - Rene Gayer. By registering as a user, you accept these terms of use, which govern the contractual relationship between you and the operators of the learning platform.
1. Definitions and Interpretation
In this agreement, the following terms shall have the following meanings:"Account": means collectively the personal information, payment information, and credentials used by users to access paid content and/or any communications system on the website;"Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this website;"Facilities": means collectively any online facilities, tools, services, or information that MBS-Training, Learn4D365 - Rene Gayer makes available through the website either now or in the future;"Services": means the services available to you through this website, specifically use of the MBS-Training, Learn4D365 - Rene Gayer proprietary e-learning platform;"Payment Information": means any details required for the purchase of services from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes;"Premises": means our place(s) of business located at Föhrenwaldgasse 12, 2700 Wiener Neustadt, Austria;"System": means any online communications infrastructure that MBS-Training, Learn4D365 - Rene Gayer makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;"User/Users": means any third party that accesses the website and is not employed by MBS-Training, Learn4D365 - Rene Gayer Ltd and acting in the course of their employment;"Website": means the website that you are currently using www.learn4d365.ai and any sub-domains of this site unless expressly excluded by their own terms and conditions; and"We/Us/Our": means MBS-Training, Learn4D365 - Rene Gayer, a company incorporated in Austria with Rene Gayer registration number 1 GG/143-2006/Kl, located at Föhrenwaldgasse 12, 2700 Wiener Neustadt, Austria.
2. Conclusion of Contract and User Accounts
These terms and conditions also apply to all customers procuring services in the course of business, and personal. Persons under the age of 18 should use this website only with the supervision of an adult. Payment information must be provided by or with the permission of an adult.2.1 A user contract is established with MBS-Training, Learn4D365 - Rene Gayer once you complete the online registration process and create a profile. This contract grants you temporary time-limited free access to limited content for testing purposes. MBS-Training, Learn4D365 - Rene Gayer reserves the right to adjust this period at any time, in either direction.2.2 To create a profile, you must set up a user account with a username and password ("login data").2.3 A valid email address is required to create a user account, and it will be used for communication with the operator.2.4 You must ensure that the information provided when creating your profile ("profile data") is accurate and complete. The use of pseudonyms is not permitted. Our platform primarily targets business customers but is also available to private individuals.2.5 The contract language is German/English.2.6 You are required to choose a secure password that is not easily guessable and does not consist of common words or phrases. Keep your password confidential and do not disclose it to third parties outside your company.2.7 You are liable for all purchases and damages caused by third parties using your username and password if the misuse results from your negligence in safeguarding your password.2.8 If we suspect misuse or fraudulent activity associated with your account, or if your account is used in violation of these terms and conditions, we reserve the right to suspend or disable your account until the issue is resolved. This will not affect any existing payment obligations.
3. Use of the Profile
3.1 As a user, you can access various services:
- Free: Limited access to selected videos.- Unlimited: A paid service granting access to all learning content on a monthly basis. The subscription renews automatically each month unless canceled by the user.- Affiliate: A paid service available to Unlimited users, allowing them to offer fee-based access to video training to their customers. Content selection is managed by MBS-Training, Learn4D365 - Rene Gayer.
3.2 MBS-Training, Learn4D365 - Rene Gayer reserves the right to block access to specific content if there is suspicion of legal violations or infringement of third-party rights. Users have no claim to the maintenance of specific functionalities on the platform.3.3 MBS-Training, Learn4D365 - Rene Gayer endeavors to ensure the smooth operation of the platform. However, the operator cannot guarantee uninterrupted access due to factors beyond its control, such as maintenance work, capacity demands, or unforeseen events. Consequently, any liability in this regard is expressly excluded. Despite careful management, downtimes may occur.
4. Rights of Use
Courses on Learn4D365 are licensed to you, not sold. This license is limited, non-transferable, and allows you to view and display the courses and associated content for which you have paid all required fees. This license is granted for personal, non-commercial educational use only.Without explicit written consent from an authorized representative of MBS-Training, Learn4D365 - Rene Gayer, you may not reproduce, redistribute, transmit, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, sublicense, or otherwise transfer any courses. MBS-Training, Learn4D365 - Rene Gayer reserves the right to revoke access to any course at any time for legal or political reasons or if the course content is no longer relevant.
Downloading courses is not supported on any platform. Any unauthorized attempts to download will result in legal action. The platform cannot guarantee continuous, uninterrupted access to its website, but every effort is made to maintain it. Any liability for interruptions is expressly excluded.
5. Personal Data
5.1 By using the platform, you agree to the storage of the personal data you provide. This includes the display of your personal data within your profile for other users and third parties.5.2 The collection, processing, and use of personal data by the operator are necessary for the operation of the platform. The operator assures that all data will be handled carefully and processed exclusively within the scope of the user's consent. Any further use of personal data will only occur if legally permissible or with the user's prior consent.5.3 You also consent to the operator using your personal data for direct marketing purposes, including advertising via email and post.
6. Copyright
All texts, images, and other information published on our website are protected by copyright unless otherwise indicated. Reproduction or modification of this content requires our written permission. Any infringement may result in legal action, and the user will be liable for any associated costs. The Copyright, Designs, and Patents Act 1988 applies.
7. Links to Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of MBS-Training, Learn4D365 - Rene Gayer or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this website on other sites may do so only to the home page of the site MBS-Training, Learn4D365 - Rene Gayer without our prior permission. Deep linking (i.e., links to specific pages within the site) requires our express written permission. To find out more, please contact us by email or call us at the following number: your_number.
9. Use of Communications Facilities
9.1 When using any system on the website, you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:9.1.1 You must not use obscene or vulgar language.9.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist.9.1.3 You must not submit content that is intended to promote or incite violence.9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to inquiries submitted in any other languages.9.1.5 The means by which you identify yourself must not violate these terms and conditions or any applicable laws.9.1.6 You must not impersonate other people, particularly employees and representatives of MBS-Training, Learn4D365 - Rene Gayer or our affiliates.9.1.7 You must not use our system for unauthorized mass communication, such as "spam" or "junk mail."9.2 You acknowledge that MBS-Training, Learn4D365 - Rene Gayer reserves the right to monitor any and all communications made to us or using our system.9.3 You acknowledge that MBS-Training, Learn4D365 - Rene Gayer may retain copies of any and all communications made to us or using our system.9.4 You acknowledge that any information you send to us through our system may be modified by us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance, and we reserve the right to reject such terms and associated information.
10. Accounts
10.1 In order to procure services on this website and to use certain other parts of the system, you are required to create an account that will contain certain personal details and payment information, which may vary based upon your use of the website, as we may not require payment information until you wish to make a purchase. By continuing to use this website, you represent and warrant that:10.1.1 All information you submit is accurate and truthful;10.1.2 You have permission to submit payment information where permission may be required; and10.1.3 You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.10.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.10.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment, then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.10.4 When choosing your username, you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
11. Termination and Cancellation of Accounts
11.1 Either MBS-Training, Learn4D365 - Rene Gayer or you may terminate your account. If we terminate your account, you will be notified by email, and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.11.2 If we terminate your account, any current or pending orders or payments on your account will be canceled, and the provision of services will not commence.11.3 The Unlimited Membership starts with your order and acceptance of these terms of use and is billed monthly. Membership renews automatically each month unless canceled by the user.11.4 If you wish to cancel your membership, you must do so before the next billing cycle to avoid being charged for the subsequent month.11.5 Free trial accounts remain active unless we choose to deactivate them after a period of inactivity. Your user account will be deactivated at the end of the Unlimited access if canceled. The account itself and learning progress will be preserved for potential reactivation. However, if no contact is made within four weeks after the expiration of Unlimited access, we reserve the right to delete the account entirely. Unlimited access provides a time-limited license to view content, but not ownership of the content itself. Unauthorized duplication of content is prohibited and will be prosecuted.
12. Services, Pricing, and Availability
12.1 While every effort has been made to ensure that all general descriptions of services available from MBS-Training, Learn4D365 - Rene Gayer correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.12.2 Where appropriate, you may be required to select the required plan of services.12.3 We neither represent nor warrant that such services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the website.12.4 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.12.5 In the event that prices are changed during the period between an order being placed for services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Disclaimer
13.1 MBS-Training, Learn4D365 - Rene Gayer does not guarantee the accuracy, completeness, or timeliness of the information provided on the website. Liability claims against MBS-Training, Rene Gayer, or the Learn4D365 platform related to material or immaterial damages caused by the use or non-use of the provided information, or by the use of incorrect or incomplete information, are excluded unless there is demonstrable intentional or gross negligence by MBS-Training, Rene Gayer.13.2 All offers are non-binding and subject to change without notice. MBS-Training, Learn4D365 - Rene Gayer reserves the right to modify, supplement, delete, or temporarily or permanently discontinue parts of the website or the entire offer without prior notice.13.3 We assume no liability for damages resulting from the download of files from our website unless it can be proven that the files caused damage in their original, unaltered form.
14. Termination and Duration of Membership
14.1 The Unlimited Membership starts with your order and acceptance of these terms of use and is billed monthly. Membership renews automatically each month unless canceled by the user.14.2 If you wish to cancel your membership, you must do so before the next billing cycle to avoid being charged for the subsequent month.14.3 Free trial accounts remain active unless we choose to deactivate them after a period of inactivity. Your user account will be deactivated at the end of the Unlimited access if canceled. The account itself and learning progress will be preserved for potential reactivation. However, if no contact is made within four weeks after the expiration of Unlimited access, we reserve the right to delete the account entirely. Unlimited access provides a time-limited license to view content, but not ownership of the content itself. Unauthorized duplication of content is prohibited and will be prosecuted.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the provisions of the European Data Protection Act (GDPR)and your rights under that Act.
15.2 We are committed to protecting your personal data and ensuring its privacy, security, and compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to the collection, processing, and storage of your personal data as outlined in our Privacy Policy. We will only use your data for legitimate business purposes, and you have the right to access, rectify, or request the deletion of your data at any time. 15.2 We may use your personal information to:Provide our services to you;Process your payment for the services; andInform you of new products and services available from us. You may request that we stop sending you this information at any time.15.3 In certain circumstances (if, for example, you wish to purchase services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the European Data Protection Act (GDPR) and should use and hold your personal information accordingly.15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
16. Disclaimers
16.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services.16.2 No part of this website is intended to constitute advice, and the content of this website should not be relied upon when making any decisions or taking any action of any kind.16.3 No part of this website is intended to constitute a contractual offer capable of acceptance.16.4 While we use reasonable endeavors to ensure that the website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers.
17. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the website, its content, or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use the website following the changes. If we are required to make any changes to these terms and conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Website
18.1 The website is provided “as is” and on an “as available” basis. MBS-Training, Learn4D365 - Rene Gayer uses industry best practices to provide high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the website or facilities will be free of defects and/or faults, and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.18.2 We accept no liability for any disruption or non-availability of the website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its content at your own risk.19.2 Nothing in these terms and conditions excludes or restricts MBS-Training, Learn4D365 - Rene Gayer's liability for death or personal injury resulting from any negligence or fraud on the part of MBS-Training, Learn4D365 - Rene Gayer.19.3 Nothing in these terms and conditions excludes or restricts MBS-Training, Learn4D365 - Rene Gayer's liability for any direct or indirect loss or damage arising out of the incorrect provision of services or out of reliance on incorrect information included on the website.19.4 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.
22. Third-Party Rights
Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and MBS-Training, Learn4D365 - Rene Gayer.
23. Communications
23.1 All notices/communications shall be given to us either by post to our premises (see address above) or by email to help@learn4d365.com. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.23.2 We may, from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email that you receive from us.
24 Law and Jurisdiction
These terms and conditions and the relationship between you and MBS-Training, Learn4D365 - Rene Gayer shall be governed by and construed in accordance with the law of Austria, and MBS-Training, Learn4D365 - Rene Gayer and you agree to submit to the exclusive jurisdiction of Austria.