Terms and Conditions
GLN: 9110001642855 / MGNR: 8207922 / ATU 61669457 Governing law and jurisdiction: Vienna / Austria / Member of the Austrian Commerce and Trade Organisation
Company following named as „Traininglibrary“ or “the Company”
The following is the terms of the agreement between Traininglibrary (“Company”) and the buyer (“Buyer” or “Client”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
Version 3 / June 2017
Introduction
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Product Information
Traininglibrary is the provider for training programs and online learning for business trainers and private clients. The products of Traininglibrary are downloadable training programs, written in Microsoft Office Applications or Adobe Variations which are immediately available for the client to use for training and presentations. The products ot Traininglibrary are available in various languages through our online shopping facilities.
Contracts
Your order with Traininglibrary equals a contract of purchase. After you have ordered your product with us, you will be able to pay this product via one of our payment gateways and immediately download the software via a provided link. As soon as the download has been performed, Traininglibrary will see the promised service / product deliver as being performed.
The Client, will have the possibility to use our customer service after the purchase on info@tralib.com to discuss and clarify any questions in regards to the product.
Traininglibrary does not sell its products to under aged customers. Training programs for children are only to be purchased through Adults.
Refund Policy
If a product purchased is not to the Buyer’s satisfaction, the Buyer can contact the Traininglibrary for information, but no refunds will be given for products downloaded. Please contact us should you be dissatisfied under the following address: www.traininglibrary.info . We will deal with your request immediately and try to resolve the issue to our both satisfaction.
Product Discrepancies
Purchased products need to be tested and reviewed by client’s immediately after purchase. The client has to report any discrepancies within 7 days of purchase otherwise the client agrees to waiver his right of exchange.
Should the client find any disputes of the product within the discuss timeline he / she has the right to exchange the product.
Traininglibrary will not take responsibility for any damages that relate back to the download of the product or the launching of the product. Further does Traininglibrary not take any responsibility for Revenue loss due to the download or in defect products.
We maintain our servers and site in regular intervals; however it is the customer’s responsibility to have sufficient virus protection. Traininglibrary can not take any responsibility for viruses’ transmitted via a download or when browsing our sites.
Right to Refuse
Traininglibrary reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Delivery
Products of Traininglibrary will be available for the client straight after payment to download. Online Learning products are available once programmed for access.
Setup and Payment
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password. Buyers are personal responsible to oblige to local tax legislation.
Forum, Reviews, Comments
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Traininglibrary reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant Traininglibrary and a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Traininglibrary the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
Traininglibrary does not take any responsibility for the messages or headings posted in reviews or discussion forums. The content of such posts might not display the attitude or belief of Traininglibrary.
Selling via TrainingLibrary
Please request our seller’s agreement via info@tralib.com for full information.
Privacy Policy
Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services.
When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
At registration you will provide us information about yourself, your firm or company, and your practices when you register to be a member of Traininglibrary, register for certain services, or register for email newsletters and alerts. You may also provide additional comments on how you see Traininglibrary servicing your needs and interests.
Email Information.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. We, our advertisers and ad serving companies may also use small pieces of code called “web beacons” or “clear gifs” to determine which advertisements and promotions users have seen and how users responded to them.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at info@tralib.com
Sharing Information with Third Parties
We may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your name, address; telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. For example, some of our partners operate stores or provide services on our site, while others power offerings developed by us for your use. We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at info@tralib.com
Secure Information Transmissions
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on our Web site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services, which are enabled by VeriSign, Inc. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP. Please contact info@tralib.com if you have any questions or concerns.
Certain Disclosures
We may disclosure your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or Affiliated Parties; (b) protect and defend our rights and property, the Site, the users of the Site, and/or our Affiliated Parties; (c) act under circumstances to protect the safety of users of the Site, us, or third parties.
Web Sites Linked to Our Web Site
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. You are browsing and interaction on any other Web site, including Web sites which have a link on our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before proceeding.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
End User Agreement
The buyer agrees not to re-sell or re-produce our porducts in any form. Our products are intended for training presentation only.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
"Traininglibrary" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of Austria. You agree, as we do, to submit to the non-exclusive jurisdiction of the Austrian courts.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Our Site is being constantly maintained for optimum performance. Therefore we do reserve ourselves the right to take the site offline at any time for maintenance purposes. However, we will intend our best to keep this to a minimum.
In case of Legal dispute
This Contract shall be treated as though it were executed and performed in Bad Voeslau, Austria, and shall be governed by and construed in accordance with the laws of Austria. Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Bad Voeslau, Austria and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
3rd Party Re-Seller Agreement
This Internet 3rd Party E Commerce Agreement (the “Agreement”) is entered into between Traininglibrary (TraLib), (the “Company”) and the undersigned product or services Seller (the “Seller”). RECITALS: Seller is interested in working with the Company in certain marketing and commerce arrangements. Certain initially capitalized terms are defined in Exhibit 1 and certain additional terms are contained therein as well. Therefore, the parties agree as follows: 1. Promotion of Seller’s Products. Seller grants to the Company a non-exclusive right to promote Seller’s Products during the term of this Agreement on or through the Company’s Web site at www.tralib.com (the “Site”) or any linked sites operated by Traininglibrary. Seller’s Products will be promoted in the manner set forth in Exhibit 1. Seller will reasonably cooperate with the Company to effect the transactions contemplated above. 2. Term and Termination. (a) The initial term of this Agreement shall be 2 months from the date hereof. Thereafter this Agreement will renew automatically for additional terms of six (1) months unless either party shall given written notice at least 10 days prior to any such renewal that the Agreement shall not so renew. (b) In the event of a material breach of this Agreement, the non-breaching party shall have the right to terminate this Agreement. A party shall give notice of a material breach and the breaching party shall have fifteen (15) days to cure the breach before formal termination of this Agreement can occur. The provisions of Sections 3, 4, 5, 6 and 7 will survive any termination of this Agreement. 3. Compensation. The achieved revenue from the sellers products sold will be deducted state tax if applicable minus the agreed commission as in percentages agreed. The compensation for the seller will be transferred to the sellers account (currently PayPal) quarterly. It is the seller’s responsibility to pay all applicable taxes on commission earned. Traininglibrary will not deduct UMST or other government applicable taxes from the commission transferred to the seller. Paying income tax or any state specific taxes applicable from the commission received by the seller is the full responsibility of the seller! 5. Intellectual Property Rights. Neither party will acquire any ownership interest in each other’s intellectual property. All names and other information concerning a Company Customer shall be deemed jointly owned by the Company and Seller with each side free to use such names and information as they see fit in compliance with applicable law. Company shall have the right to place the Seller’s logo, trade name and trademark on the Site as a means to identify the Seller’s Products and to otherwise use such items in connection with the purposes of this Agreement. The Company shall follow all reasonable directions from the Seller concerning the protection under applicable laws of such logo, trade name and trademark. Upon termination of this Agreement, neither party shall continue to make use of the other party’s intellectual property. 6. Collection and Limitation of Liability (a) Seller agrees to provide customer service and support for the Products with reasonable responsiveness and turn-around times. Specific questions asked will be forwarded through Traininglibrary. The seller’s contacts or e mail address will not be passed further to any clients. (b) Company has no obligation to attempt to monitor or regulate the quality, suitability or content of the Products and Seller agrees to hold the Company harmless in the event of any claims by customers with respect to problems with the Products. Company agrees to hold Seller harmless in the event of any claim by a Company Customer arising out of Company’s negligence or misconduct under this Agreement. The Seller hereby represents and warrants to the Company that the Products will not infringe on or violate the intellectual property rights or other rights of any third party and will not contain any content which violates any applicable law, regulation or third party right. (c) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PRODUCTS OR ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE. (d) Traininglibrary does its best to keep internet transaction as safe as possible and uses 128 bit transcription for any payment gateways. Should however any Credit Card Fraud appear and products are being downloaded or purchased with stolen or other… credit cards, we cannot take any responsibility for the loss in revenue. 7. Miscellaneous. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein. This Agreement may not be modified or amended, except by an instrument in writing signed by duly authorized officers of both of the parties hereto. This Agreement may be executed in counterparts each of which shall be deemed an original and all such counterparts shall constitute one and the same agreement. This Agreement will be deemed entered into in Austria and will be governed by and interpreted in accordance with the laws of the State of Austria, excluding that body of law known as conflicts of law. The parties agree that any dispute arising under this Agreement will be resolved solely through confidential binding arbitration in Vienna, Austria. In the event of any dispute, each party shall bear its own attorney’s fees, expert witness fees, and ½ of the arbitrator fees. The provisions of this Agreement relating to payment of any fees or other amounts owed, payment of any interest on unpaid fees, limitation of liability, and warranties and intellectual property shall survive any termination or expiration of this Agreement. The language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party. The parties are independent contractors and not partners, joint ventures or agents of the other party. Any expenses incurred by Company in connection with this Agreement are the sole responsibility of Company. This agreement is part of the general terms and condition posted on our website and will be handled as such. Please visit our website in order to also review the resale agreement and general terms and conditions.
Commission for training published online
This agreement is part of the general terms and condition posted on our website and will be handled as such. Please visit our website in order to also review the resale agreement and general terms and conditions.
Products or Services of Seller (the Products”):
Downloadable Training Programs / Manuals
2. Manner of Promotion: The promotion of the product will be through the company website and any affiliated sites.
3. Commission for the Seller (you):
50% of the net sales price of the Products sold to customers, excluding taxes, uncollectible amounts and any shipping charges. The same terms and conditions apply for any chargeable products setup as online learning or consultancy.
For translated programs by Traininglibrary a percentage of 30% of the net sales price of the Products sold to customers, excluding taxes, uncollectible amounts and any shipping charges, is posted to the seller.
4. Pricing of Products: The pricing of products shall be as determined by the seller in conjunction with the advice of Traininglibrary.
Satisfaction Guarantee
What does 100% Satisfaction Guarantee mean? Due to vastness of training material and the specialization of each industry, it might happen that you select training content that does not suit your specific need. Maybe it is not right for the company size you are working for, the global area you are operating, or you just simply not the right content.
Our 100% Satisfaction Guarantee will help you to raise these issues with a customer service agent and we will help you to select the right program for you.
100% Satisfaction means that a program that does not suit you will be replaced – without hassle!
Should you wish to contact us regarding this policy, seek advice or raise a suggestion, please contact us via info@tralib.com
We guarantee that any enquires will be handled within 48 hours.
Thank you for your trust! Your TrainingLibrary Team
The 100% Satisfaction Guarantee is part of the general terms and condition posted on our website and will be handled as such. Please visit www.tralib.com to also review the resale agreement and general terms and conditions. Please note that exchange needs to be completed within 7 days of purchase.