1 Scope

1. a) The following general terms and conditions apply to all contracts between

PALMTHERAPY® Academy
c/o Health Practice Christian Jäger
Wies 14

CH-9042 storage

(hereinafter referred to as “Provider”) and its contractual partners (hereinafter referred to as “Participants”) within the framework of the contractual contents specified in Section 2.

1. b) Subject to individual agreements, which then take precedence over these Terms and Conditions, these Terms and Conditions shall apply in the version valid at the time the link is provided for the online account. Conflicting terms and conditions of the participant shall expressly not apply unless the provider expressly agrees to their validity, provided the participants are not consumers.
2. c) In addition to the General Terms and Conditions, the examination regulations are also part of the contract. These contain specifications and conditions regarding the course structure and requirements for the training.

2 Contract content

1. a) Vertragsinhalt ist eine online-Ausbildung ggf. mit Präsenzphasen in der Methode PALMTHERAPY® nach Dr. Moshé Zwang. Die Ausbildung bereitet den Teilnehmer vor auf den Beruf des psychologischen Beraters mit Schwerpunkt PALMTHERAPY® im Bereich der nichtheilkundlichen Psychologie, sowie vor einer juristischen Person des öffentlichen Rechts abzulegenden Prüfung. (z.B. Heilpraktiker Psychotherapie) Sie ist qualifizierend hinsichtlich der Anwendung der PALMTHERAPY® für Heilpraktiker, Psychologen, Psychotherapeuten, Ärzte und andere Angehörige der Heilberufe, welche die Heilkunde in eigener Therapiefreiheit auf den Einzelfall gerichtet ausüben können:
2. b) Die Ausbildung enthält auch Material zu Selbsthilfethemen und aus dem lebensberatenden Bereich sowie dem Bereich der geistigen Heilweisen und Energiearbeit. Hinsichtlich dieser Module wendet sich die Ausbildung auch an Anwender ohne jede Vorkenntnisse außerhalb der Heilkunde.

3 Medical Clause

1. a) Upon completion of the training, each participant (even those without prior knowledge) undertakes to strictly observe the legal principles taught in the course, including the national law applicable at their place of residence and business, and to always use the client instructions (client information) and the privacy policy provided in the course with their clients. Both are part of the training contract, and the associated obligations are ancillary to this contract.
2. b) If a participant who is not a naturopathic practitioner, physician, or member of a legally recognized medical profession fails to comply with this obligation, they hereby confirm that they have informed themselves of all legal consequences that may arise under their national law and that they will bear these consequences personally. To the extent that third parties assert claims against the provider as a result of this, the participant fully indemnifies the provider.
3. c) The training does not guarantee authorization to practice medicine. The participant undertakes to comply with the legal requirements applicable to their location, including with regard to practicing medicine, and to only practice medicine if they have sufficient sovereign authorization to do so. The participant fully indemnifies the provider against any claims that third parties may have against the provider as a result of this.
4. d) The PALMENERGETICS services do not constitute activities regulated by the Austrian Medical Practitioners Act of 1998, the Psychologists Act of 2013, or the Psychotherapy Act, nor do they constitute life and social counseling within the meaning of Section 119 of the Trade Regulation Act (GewO). The PALMENERGETICS method offered does not constitute a substitute for diagnosis and treatment by a physician, psychologist, or psychotherapist, nor does it replace consultation with a life and social counselor, where appropriate.

4 Liability

1. a) Liability for slightly negligent breaches of duty is excluded to the extent permitted by law. This does not apply to intentional or grossly negligent breaches of duty, nor to injuries to life, limb, or health. Nor does it apply to breaches of duties whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligations). In this case, the claim for damages is limited to the foreseeable damage typical for the contract. The same applies to breaches of duty by vicarious agents.
2. b) The knowledge imparted is intended for healthy individuals. Participants who regularly take prescription or essential medication, particularly those with diabetes or heart disease, but also those with chronic illnesses, may only attend in-person events after consulting their doctor. The participant hereby confirms that they do not suffer from any known physical impairments that would prevent them from participating. In case of doubt, the participant confirms that they will consult a doctor of their choice in advance. If participation is feasible after consulting a doctor and taking appropriate precautions, the provider will endeavor to facilitate this, as long as the measures are reasonable.
3. c) The participant is responsible for providing the provider with truthful and complete information, including appropriate certifications. Liability for damages resulting from failure to fulfill the above obligation is excluded.

5 Contract expiry for online training

1. a) A paid streaming of content is offered as a simple online account, which is available via the seminar content available as streaming at the domain "https://academy.palmtherapy.eu" (hereinafter referred to simply as "PALMTHERAPY modules"). This digital teaching content (video courses, video seminars, and video training) is available via streaming and can therefore be viewed and listened to online from a variety of compatible devices. In addition, script material is available for download (in text form).
2. b) To stream booked video content from the PALMTHERAPY modules, participants require certain system requirements, which are listed in the "Requirements for Use" information sheet. It is the sole responsibility of the participant to provide the necessary devices and internet access, as well as any software required to display the offerings. PALMTHERAPY modules are currently only available to customers within the EU and Switzerland.
3. c) Setup and connection costs for suitable Internet access are not included in these terms and conditions and the prices offered here.
4. d) The participant is aware that registration data (personal data including email address) and billing data (credit card details, online authorization for direct debit, or other payment methods offered by the provider) must be disclosed in order to register. This is done by creating a user account consisting of a user name and password (access data). After verification of these registration data, the participant will receive an email confirmation of successful registration as well as an electronic log of their contract-relevant data. The following privacy policy applies to this: https://PALMTHERAPY.eu/datenschutz/–
   as well as the Terms and Conditions and the privacy policy of the streaming provider Memberspot are part of these terms and conditions.

6 Fulfillment of the contract for online training by the provider

1. a) Der Anbieter stellt die durch das Streaming entgeltlich bezogenen Inhalte in einer personalisierten Online-Bibliothek zur Verfügung (E-learningplattform), auf die der Teilnehmer mit Benutzername und Passwort während der Zeit der Aus- bzw. Fortbildung zugreifen kann. Mit Ende der Aus- bzw. Fortbildung endet auch das Zugriffsrecht. Der Anbieter kann nach seinem Ermessen für einen von ihm zu bestimmenden Zeitraum auch nach Ende der Aus- bzw. Fortbildung einem Teilnehmer das Zugriffsrecht gewähren, solange der Kurs besteht. Ein Rechtsanspruch des Teilnehmers hierauf besteht jedoch nicht. Bei Inaktivität werden die Accounts in der Regel nach 210 Tagen deaktiviert.
2. b) The following applies to all types of use (streaming and download): The online library technically and legally grants a simple, non-transferable right to use the stored streamings/streamed PALMTHERAPY modules for personal use for educational purposes during the training or continuing education period. Use by third parties is not permitted.
3. c) The user data in the participant’s online library will remain stored even after the end of the contract period and will only be deleted upon express written request from the participant.
   If use is restricted due to technical or licensing reasons, the provider assumes no liability. Technical reasons may include, in particular, a temporary server outage or a data transmission disruption.
   In this case, the participant will be made aware of the restricted usage options.

7 Obligations of the participant/duty to tell the truth

1. a) The participant is obligated to provide correct and complete information during registration and to update it immediately if any changes occur. The provider reserves the right to prosecute any false payment information, false data, or third-party data provided. The participant is obligated to handle their access data (username and password) confidentially and carefully, to choose secure passwords and usernames, and in particular, not to disclose the password to third parties and to adequately protect it from access by third parties.
2. b) The participant acknowledges that the presentation of PALMTHERAPY modules online does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the "Complete order and proceed to payment" button, the participant places a binding order for the video trainings/PALMTHERAPY modules in the shopping cart. The participant will receive an email confirmation and an overview of the selected services both before and after completing the order process.
3. c) In this context, the participant also undertakes to have read and understood the General Terms and Conditions in text form and to accept them separately by paying the course fee or by checking the confirmation box before completing the ordering process. The provider also provides the General Terms and Conditions in text form by offering to send them to the participant by email. The provider makes the ordering process, as described, available for printing and then forwards activated, streaming-ready content to the participant's library under the "My Library" navigation tab.
4. d) If the participant is a consumer, they further undertake to have read and understood the cancellation policy, as stated in Section 10 of these Terms and Conditions, in text form and to accept it separately by checking the confirmation box before completing the order process. The provider also provides the cancellation policy to the participant in text form by offering to send it to the participant by email.
5. e) The participant is obliged to order the specified services at the final prices, which can be found on the PALMTHERAPY.eu internet portal/website. The participant also agrees to accept the nature of the ordered and streamed video trainings/PALMTHERAPY modules in accordance with the service description on the website.
6. f) Unless otherwise stated, the provider's services are accessible via the "My Library" button half an hour before the start of the seminar/training. The provider will also be available with a service team in the event of delays during this period. g) If third parties unauthorizedly use the participant's online account and thus unauthorizedly use their simple right to use the streamed PALMTHERAPY modules during the term of this contract for reasons for which the participant is responsible, they will be liable to the provider and other rights holders for any resulting costs and claims for damages.

8 Copyright

1. a) The participant undertakes to use the terms “PALMTHERAPY”, “Palm-Therapy” and “Palm-Therapist” whenever they use them, provided they have the right to use them under the contractual agreements, regardless of the spelling, by naming the name of the provider (for example, with the addition “PALMTHERAPY according to the PALMTHERAPY Academy was developed by Christian Jäger”).
2. b) Both the provider and the legal successors of Moshé Zwang enjoy statutory and contractual copyright protection and all copyrights to, in particular, the following materials, regardless of the language into which they were translated: written exercise routines, worksheets, texts, slides, training sequences, scripts, any provided teaching materials, teaching samples, images, teaching boards, bound documents, and devices to support the application. The participant is therefore not authorized to use the aforementioned materials for their own training or teaching purposes, nor for commercial purposes based on the distribution, reproduction, or profit-making intent of the aforementioned materials.
3. d) This refers to any act of use, reproduction, even in part, distribution, whether online or offline, performance (except for academic purposes with scientific citation), modification, regardless of the language, by whatever means of reproduction and use, in whole or in part.
4. e) For copyright reasons and also due to the privacy of participants, recordings, video and audio recordings, and saving of streamed content and classroom modules are not permitted during the event. The authors and the provider reserve the right to pursue civil and criminal prosecution in this regard.
5. f) The issuance of a certificate upon successful completion of the online training/face-to-face modules/intensive seminars does not grant any permission/license that goes beyond the authorizations of use regulated in these General Terms and Conditions.
6. g) Participants have the opportunity to apply to be listed in the PALMTHERAPY.eu expert directory as a graduate of the online training/face-to-face modules/intensive seminars with the designation acquired through the training (based on proof of examination). There is no entitlement to this; the decision is at the discretion of the provider. Since such a listing occurs in an advertising context, the participant agrees to consider this as their own advertising, which may have consequences under competition law.

9 Prices, payment methods, activation of access

1. a) All prices listed on the PALMTHERAPY.eu website are exempt from VAT. Payment is generally made against invoice via bank transfer.
2. b) If an online payment is used, the online payment service provider will charge the following fees in accordance with the contract expiry in Section 5 of these General Terms and Conditions: e.g. Payment methods offered by https://stripe.com.
3. c) There is a data interface between Stripe and the provider, which generates an access code after payment and unlocks access to the streamed content. The access code must be activated by the participant.
4. d) By entering the credit card details, the participant authorizes the payment provider Stripe to debit the credit card with the amounts due from the participant's account by direct debit in accordance with the applicable payment transaction terms and conditions. The provider has transferred all rights to payment settlement and payment enforcement to Stripe.

In this respect, it is also necessary for the provider to provide Stripe with the participant's necessary data. This is limited to personal and credit card information. Stripe uses this data exclusively for the purpose of fulfilling the contract in accordance with the above provisions.