Terms of Service

Applicable to all content and products and subscription services (including refund and cancellation policies for online training videos and in-person events).

The website http://www.philippelmer.com (hereinafter the “Site”) is a website for training and consulting services provided by Philipp Elmer (hereinafter “I”, “me”, “myself”, etc.). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL BUSINESS CONTRACT BETWEEN YOU AND PHILIPP ELMER. BY CLICKING “I AGREE”, VISITING THE SITE OR INSTALLING, VIEWING, COPYING, APPLYING, USING OR DISTRIBUTING THE “MATERIALS” (AS DEFINED BELOW), YOU AUTOMATICALLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT CLICK “I AGREE”, OR VIEW OR USE THE MATERIALS.

1. Accessing and using the site

a. You understand that Philipp Elmer does not operate, distribute, control or endorse any products or services available on the Internet, except for those information, products or services, including materials, made available on the Site. YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.

b. To use the Site and access the Materials, you must have a high-speed internet connection. You are solely responsible for ensuring that you have sufficient and compatible hardware, software and telecommunications equipment to do so, as well as the Internet service provider necessary to use the Site.

c. You are responsible for implementing sufficient procedures and security measures to meet your personal requirements for accuracy of data input and output, and for maintaining off-site means to recover lost data.

2. License

Subject to your agreement and compliance with the terms and conditions of this Agreement, Philipp Elmer grants you a time-limited, personal, royalty-free, revocable, non-exclusive, non-transferable license to do the following:

a. Access the Site and use the Materials for the duration of the time period identified in the shopping cart and solely for your personal, informational and non-commercial internal purposes. The period of validity of the licence for the relevant Materials is also shown on the invoice issued at the time of your purchase.

b. Print and download portions of the Materials from the Site, but only for your personal, informational and non-commercial use.

Philipp Elmer reserves all rights in and to the Materials and the Site, including any rights not expressly granted to you under your license. The term “Materials” refers to the training modules offered on the Site, including without limitation any components of videos, guided instruction, tutorials, tests, course materials and worksheets, and any other materials such as documentation, files, presentation slides (including their selection and arrangement), ideas, concepts, creations, designs, technical details, methods, inventions, processes, works of authorship and all related content, together with all updates, patches, corrections, modifications and enhancements, including newly released versions and whether made available to you by download, automatically without further consent or action by you or otherwise. The Materials may include clip art, as well as photographs, videos and audio clips (the “Clips”). Your responsibilities and restrictions with respect to the Materials extend to Clips.

3. Updates

Philipp Elmer reserves the right to change or update the Materials, the Site or its contents at any time and in its sole discretion. You are required to visit the Site periodically to check for any such changes or updates. Any changes or updates will be made a part of these Terms and Conditions and will be automatically subject to them without any further action on the part of Philipp Elmer.

4. Third party materials

a. The Materials include clips or other products accessible on the Site that are either owned by Philipp Elmer or licensed from third parties (“Third Party Clips”). Without limiting any other terms of this Agreement, you may use such Third Party Clips only in connection with the Materials and only to the extent that the Materials may be used in accordance with this Agreement. The Third Party Clips may be subject to additional terms and conditions. Any required notices and/or additional terms are part of and included in this Agreement. By accepting this Agreement, you also accept the Additional Terms, if any.

b. You grant Philipp Elmer a non-exclusive, royalty-free, worldwide, perpetual license, and the right to sublicense, reproduce, distribute, transmit, create derivative works from, publicly display and publicly perform any and all materials and other information (including without limitation ideas for new and improved materials, products or services) that you post in any public areas of the Site (such as bulletin boards, forums and news groups) or send by email to philipp@philippelmer.com, and unrestricted use in any media now known or hereafter developed.

5. Licensing restrictions

a. Except as expressly permitted under this Agreement, the Materials and the license associated with them may not be copied, reproduced, republished, uploaded, posted, transmitted, shared with others, distributed, resold, offered for resale, distributed, displayed, transferred to another person, sublicensed, or exploited in any other way, in whole or in part. No program, code, part, image, sound recording or text may be copied or used by you in any other way not expressly permitted under this Agreement.

b. Subject to the foregoing, you may not do any of the following with respect to the Site, Materials or your use thereof:

  1. alter, summarise, modify, adapt or translate the Materials, or decompile or “reverse engineer” the Materials;
  2. use the Materials to develop any other product that has the same primary function as the Materials, or create any derivative works or other works based in whole or in part on or derived from the Materials;
  3. any use of Philipp Elmer’s name, logo and graphics appearing in, reproduced in, or contained in the Materials, or otherwise associated with the Materials, for the purpose of promoting products developed by you using the Materials.
  1. removing or modifying any trademarks, trade names, product names, logos, copyright or other proprietary notices, legends, symbols, labels or clips contained in the Materials;
  2. use the Materials in any manner that could create false or misleading impressions or statements about Philipp Elmer or any third party mentioned in the Materials;
  3. transmit, upload to the Site, install on the Site or otherwise transfer any viruses, advertisements, communications or other items or processes that may in any way interfere with or adversely affect the use, enjoyment or service of the Site or the Materials or Philipp Elmer’s computer, servers or databases.
  4. capture, download, store, upload, print or otherwise retain any materials available on the Site except as expressly permitted under this Agreement;
  5. misrepresenting your identity or personal information while using the Site, or allowing or enabling others to access the Site by providing your username and password or the username and password of another authorised person;
  6. transferring the Materials or other Site content to another person;
  7. using “framing”, “mirroring”, “inline linking” or similar navigational technology on the Site;
  1. breach or attempt to breach Philipp Elmer’s data security mechanisms, unauthorised access by you to any data or servers or otherwise compromise the security of the Site or corrupt the Site in any way;
  2. any conduct relating to the Site or the Materials that violates the laws of Austria or the European Union;
  3. using the Site to infringe the intellectual property or confidentiality rights of any third party, or uploading, downloading, displaying, publishing, performing or creating derivative works from the same, or transmitting or otherwise distributing information or content that would infringe the intellectual property rights of any third party; 14. advertising or otherwise soliciting the use of the Site or the Materials;
  4. advertising or otherwise soliciting funds, goods or services on the Site; or
  5. providing any hosting services with access to the Site and/or the Materials.

6. Legal information and notices / terms of use for the PEM LABs

Ownership of the PEM LABs; agreement with the terms of use

These terms of use apply to the LABs provided to members of the Philipp Elmer Membership. They are the property of Philipp Elmer GmbH. BY USING THE LABS, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. DO NOT USE THE LABS IF YOU DO NOT AGREE TO THESE TERMS.

Philipp Elmer GmbH reserves the right, at its sole discretion, to change or modify these Terms of Use, or to add or remove portions to these Terms of Use, at any time. It is your responsibility to periodically check for any changes to these Terms of Use.

Content:

  1. The LABs may be used for training and testing purposes only. They are training environments. Productive processing or automation outside of training purposes is not permitted.
  2. The LABs are available to members of the Philipp Elmer Membership and are provided by the admins.
  3. Individual LABs and their contents may be permanently and irretrievably deleted at any time.
  4. The availability of the LABs is not guaranteed.
  5. Basic IT skills are required to use the LABs.
  6. Uploading, processing or using sensitive, illegal, racist or discriminatory content is strictly prohibited.
  7. Damage to the LAB environment and misuse or exploitation of software errors are not permitted. Users of the LABs agree not to cause intentional load spikes or denial of service.

7. ownership rights

The Materials include material, information, data and related items that are protected by copyrights, patents, trademarks, trade secrets and other intellectual property laws. Except where such Materials are expressly identified as the property of a third party, Philipp Elmer owns all right, title and interest in and to the Materials and the Site, including without limitation all intellectual property rights and proprietary rights. Except for the license granted to you by this Agreement, nothing in this Agreement shall be construed to transfer, convey or limit Philipp Elmer’s ownership or intellectual property rights in the Materials or any other information or materials of Philipp Elmer, whether tangible or intangible, in any form or by any means. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. This Agreement does not authorise you to use Philipp Elmer’s name or any of its trademarks.

8. Data collection and use

You hereby agree that Philipp Elmer may collect and use certain technical information related to your use of the Site and the Materials, including without limitation any information provided by you in connection with any registration, support request or technical service on the Site or concerning the Materials. This is in accordance with Philipp Elmer’s Privacy Policy, which can be viewed here. Philipp Elmer may audit your use of the Site and the Materials for anti-piracy purposes, to verify valid registration and to evaluate your use of the Materials. You agree that the Site may collect usage data (e.g., the number of times the Site has been opened, from which IP address, and/or the versions of the Materials) for purposes of registration, authentication, use, anti-piracy monitoring, enforcement, and for all other usage purposes described in Section 7. Specifically, Philipp Elmer reserves the right to monitor use of the Site and also has the right to revoke or deny access to the Site to any person or entity whose use of the Site indicates a violation under the terms of this Agreement. Access to the materials provided on the Site outside of a normal pattern of use that might indicate systematic copying of the materials may result in revocation or disqualification of access rights to the Site. The term “normal usage pattern” is subject to the sole definition of Philipp Elmer.

9. ADDITIONAL CONDITIONS THAT APPLY ONLY TO PERSONAL TRAINING, PERSONAL WORKSHOPS AND PERSONAL CONSULTATIONS

Philipp Elmer may offer in-person training sessions (hereinafter “In-Person Training Session”), workshops (hereinafter “In-Person Workshop”) and consultations (hereinafter “In-Person Consulting”), either stand-alone or in conjunction with the purchase of one or more of our online training programmes. By submitting your online order to purchase a ticket (hereinafter “Ticket”) to attend an In-Person Training Session, you agree to all of the following terms and conditions, in addition to any other applicable terms and conditions set forth in the Online Training Agreement:
In general: each Ticket entitles the holder to participate in the relevant In-Person Training Session, In-Person Workshop or use of In-Person Consulting as specified in the Contract. Philipp Elmer reserves the right to change the content, the course instructor(s) and/or the course location of the In-Person Training Session, In-Person Workshop or In-Person Consulting without prior notice, which does not in any way amount to a cancellation. Philipp Elmer further reserves the right to allocate seats to Ticket Holders at the affected venue of the In-Person Training Session, In-Person Workshop or In-Person Consultation.

Attendance: To attend an In-Person Training Session, In-Person Workshop or In-Person Consulting, the Ticket Holder must present either the Ticket or the payment receipt for the Ticket. Attendees of In-Person Training Sessions, In-Person Workshops or In-Person Consultations are prohibited from recording or reproducing any material presented or demonstrated during the In-Person Training Session, In-Person Workshop or In-Person Consultation in question.

Transferability: Tickets for In-Person Training Sessions, In-Person Workshops or In-Person Consultations purchased separately from the purchase of an Online Training Programme may be transferred by the Ticket Holder to another person without restriction, provided that the new Ticket Holder also acknowledges and complies with these terms and conditions. Philipp Elmer accepts no responsibility for lost or destroyed tickets. Tickets for In-Person Training Sessions, In-Person Workshops or In-Person Consultations purchased together with (or as part of) an online training programme are not transferable.

Refund Policy: Philipp Elmer will refund the purchase price of Tickets if (1) Philipp Elmer postpones the event date of an In-Person Training Session, In-Person Workshop or In-Person Consultation and you are unable to attend for that reason, or (2) Philipp Elmer cancels the relevant In-Person Training Session. For all other reasons not specified in the sentence immediately above, a refund of the ticket price is excluded. The refund amount will be credited within thirty (30) business days to the same credit card used to purchase the relevant Ticket.

10. REJECTION OF THE WARRANTY

A. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED A REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY PARTICULAR RESULT WILL BE PRODUCED OR OBTAINED AS A RESULT OF YOUR USE OF THE SITE OR ANY OF THE MATERIALS.

B. THE MATERIALS ARE PROVIDED AND LICENSED “AS IS” AND PHILIPP ELMER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE MATERIALS, WHETHER EXPRESSED, IMPLIED OR OTHERWISE. THIS INCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, NO WARRANTY AGAINST INFRINGEMENT, TITLE OR NON-INFRINGEMENT EXISTS. PHILIPP ELMER DOES NOT WARRANT THAT THE MATERIALS WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.

C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHILIPP ELMER, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY EXTEND THE SCOPE OF ANY WARRANTY SET FORTH IN THIS AGREEMENT.

D. PHILIPP ELMER MAKES NO REPRESENTATION WHATSOEVER REGARDING ANY OTHER WEB SITE THROUGH WHICH YOU MAY ACCESS THIS SITE OR WHICH MAY LINK TO THIS SITE. ANY WEB SITE THAT IS NOT OWNED OR CONTROLLED BY PHILIPP ELMER SHALL BE DEEMED TO BE INDEPENDENT FROM PHILIPP ELMER AND PHILIPP ELMER SHALL HAVE NO CONTROL OVER THE CONTENT OF SUCH WEB SITE.

11. LIMITATION OF LIABILITY

A. PHILIPP ELMER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND THE LIKE) AS A RESULT OF (I) THE USE OR INABILITY TO USE THE MATERIALS OR ANY OTHER INFORMATION OR TRANSACTIONS PROVIDED ON OR DOWNLOADED FROM THE SITE AS PART OF THE SERVICE, AND (II) ANY CLAIMS BASED ON ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE MATERIALS OR TRANSACTIONS, OMISSIONS OR OTHER INACCURACIES IN THE MATERIALS AND/OR THE SITE AND/OR INFORMATION DOWNLOADED AS PART OF THE SERVICE; AND (III) THE FAILURE OF THE USER TO DERIVE ANY TANGIBLE OR INTANGIBLE BENEFIT OR RESULT FROM THE LICENSE AND USE OF THE SITE AND MATERIALS, AND BASED ON ANY OCCURRENCE OF ANY THEORY OR ASSUMPTION OF DAMAGES, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PHILIPP ELMER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

B. THE MATERIALS MAY CONTAIN SO-CALLED “OPEN SOURCE” MATERIALS (E.G., ANY MATERIALS SUBJECT TO AN OPEN SOURCE, COPYRIGHT-FREE, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY MATERIALS DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, WITH, APACHE, PUBLIC DOMAIN LICENSES AND SIMILAR LICENSING). PHILIPP ELMER MAKES NO WARRANTIES AND DISCLAIMS ALL LIABILITY, DIRECT OR INDIRECT, WITH RESPECT TO THE OPEN SOURCE MATERIALS CONTAINED IN THE MATERIALS.

12. Indemnity

You agree to indemnify, defend and hold harmless Philipp Elmer, its officers, directors, employees, agents, licensees, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors from and against any and all claims, demands and/or actions to hold harmless Philipp Elmer’s liable parties from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach, violation, breach of contract, misappropriation of the Contract, any infringement of another party’s rights, violation of or failure to comply with any law or regulation, or any use, modification or export of the Materials, or otherwise contrary to this Agreement. Philipp Elmer reserves the right, at its expense, to assume the exclusive defence and control of any claim or action, and to assume all negotiations for settlement in or out of court, and you agree to cooperate fully with Philipp Elmer in this regard and at Philipp Elmer’s request.

13. Termination of the contract

Philipp Elmer has the right, with immediate and direct effect, to terminate this Agreement, revoke your right to use the Materials and terminate your access to the Site if Philipp Elmer reasonably believes that you have breached any term or condition of this Agreement. If this Agreement or your right to use the Materials is terminated for any reason, you must immediately cease all further use of the Materials and either return them to us or destroy all copies of the Materials still in your possession or control. Philipp Elmer may request written confirmation from you to ensure that you have complied with the foregoing and you shall comply with such request if so requested by Philipp Elmer. All provisions of this Agreement which by their nature and character should survive termination are excluded from termination, including without limitation the provisions relating to ownership, limitations of warranties, indemnities and limitations of liability. Export Restrictions: You may not export the Materials to any other country to which such export is prohibited under Austrian export regulations.

14. Applicable jurisdiction and other

This Agreement and any dispute, claim, action, suit or other proceeding relating to it shall be subject to the jurisdiction and interpretation of the law of the Republic of Austria. The place of jurisdiction for all disputes between the parties in Austria shall be Vienna. No variation, modification, waiver or discharge of any provision of this Agreement will be valid unless in writing and signed by Philipp Elmer or in a writing executed by its authorised agents. No failure or delay on the part of Philipp Elmer to exercise any right or enforce any obligation under this Agreement or otherwise shall operate as or be construed as a waiver or continuing waiver of any right unless in writing and signed by Philipp Elmer. If any term of this Agreement is identified as illegal, invalid or unenforceable, the remaining terms of this Agreement shall not be affected thereby and shall retain their full legal effect. This Agreement incorporates the entire contractual understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any contract variations or additional contract terms in your possession, whether in writing or in the form of documents, relating to the materials described in this Agreement are null and void. Any cause of action or other claim with respect to the Service must be commenced within one (1) year after the cause of action or other claim arises or it will be forfeited and disregarded. Neither the cause of action between the contracting parties nor the trade practice may serve to alter any terms of this contract. Philipp Elmer may assign its rights and obligations under this Agreement to any other party at any time without prior notice to you. All rights not expressly granted in this Agreement are reserved.

All enquiries regarding this Agreement must be directed to the email address philipp@philippelmer.com.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND IT, ARE BOUND BY IT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

This document was last amended on 2 April 2023 and is effective immediately.