Terms & Conditions

We are pleased that you have decided to use PhiLink

These General Terms and Conditions govern the use of the "PhiLink" platform and provide information about rights and obligations and inform about further details of our services. For consumers in the sense of § 1 Austrian Consumer Protection Act (KSchG), these Ts&Cs apply unless otherwise specified. For consumers, the terms and conditions set forth in sec. 14 are to be observed.

  1. Introduction

    1. Who are we?

      We are PhiAcademy doo Beograd-Vozdovac, Business Register Belgrade 21030309, located at Bolevar Oslobodenja 137, Belgrade – Vozdovac, Serbia (hereinafter "PHI", "we" or "us"), and we are the operator of the web application "PhiLink" (hereinafter the "Platform").

      The Platform provides an opportunity for Masters of the PhiAcademy community to share the latest and most relevant content with their audience.

      You may use the Platform in accordance with these Terms and Conditions ("Ts&Cs"). Please read these Ts&Cs carefolly and contact us if you have any questions. By registering on the Platform, you agree to be bound by these Ts&Cs. Any provisions deviating from these Ts&Cs shall only apply if confirmed by us in writing.

      You can contact us by email at the following address: philink@phiacademy.com

  2. Definitions

    1. Platform: The web application "PhiLink".

    2. PhiAcademy Community: Artists, Royal Artists, Master Assistants, Masters & Grand Masters of PhiAcademy GmbH.

    3. Registered User: Every Master of the PhiAcademy Community who is registered on the Platform.

  3. Registration

    1. In order to use all the functions of the Platform, a one-time registration is required. The registration process leads to the creation of your profile.

    2. The registration takes place via the Platform and is free of charge.

    3. For registration, you must provide the data requested in the registration form (name and e-mail address) completely and correctly. After a successfol registration, the profile can be created.

    4. Consequences of registration

      By registering, you confirm that you accept these T&Cs and that all registration details are true, accurate, current and complete and that you will keep all information up to date.

    5. Delete the profile

      Registered Users can delete their profile at any time.

  4. Our rights and duties

    1. Registration grants you access to the Platform.

    2. We grant you a personal, worldwide, non-assignable, non-exclusive, revocable and non-sublicensable licence to use the Platform for the duration of the contractual relationship with us. This licence is only for the purpose of using the provided functionalities of the Platform in a manner permitted by these Ts&Cs. No rights to industrial property rights within the scope of the Platform (e.g. logos or other trademark information) may be derived by the user from the use of the Platform.

    3. We may block, revoke or restrict your use of the Platform if we determine that there has been a breach of your obligations, a security breach or a violation of law. If the reason for the action taken can be reasonably remedied in a proportionate manner, we will notify you of the steps you must take in order for us to allow you to use the Platform again. If you do not comply with our orders within a reasonable period of time, we may terminate the contractual relationship with you with immediate effect.

    4. All logins are individualised and may only be used by you personally. You are obliged to keep your login and password secret and to protect them from access by unauthorised third parties. Shoold we be notified by you of unauthorised use by a third party, we may block the access of the unauthorised user.

  5. Your rights and obligations

    1. Profile content

      1. After registration you can create your profile. You are solely responsible for the content of your profile. We are not responsible for inaccurate or illegal content entered by users.

    2. Every Registered User of our services is obliged

      1. to provide his registration data truthfolly and to keep it up-to-date and complete and not to disclose it to third parties;

      2. not to infringe any intellectual property rights or industrial property rights of other persons or data protection rights with the contents of his profile or to violate competition law;

      3. not to copy, modify, distribute, sell or rent any part of the Platform, or reverse engineer or attempt to extract the source code of this Platform;

      4. not to store, publish, transmit or distribute any content that is racist, offensive, discriminatory, denouncing, glorifying violence or otherwise unlawfol;

    3. Registered Users are furthermore obliged, in the event of suspicion of unauthorised access to their profile by third parties, to inform us via PhiLink@phiacademy.com immediately.

    4. Shoold you breach your obligations, we are entitled, without prejudice to further claims, to block, delete or restrict your profile.

  6. Additional conditions for all users

    1. Fraud protection

      In the event that we become aware of any unauthorised or fraudolent use of an account, we reserve the right to close or delete the account.

    2. Changes to the Platform

      We reserve the right to change options or features on the Platform. We will make such changes primarily to improve the Platform.

  7. Setting and restriction

    1. We reserve the right to add or remove features or functions and to discontinue our services altogether. We may take these actions at any time without any obligation to provide prior notice.

    2. Without prejudice to clause 7.1, Registered Users shall be notified in advance, if possible, of the discontinuation of the Platform or a significant restriction on the functions of the Platform.

  8. Termination of the contract

    1. You have the right to terminate the contract with us at any time and for any reason by deleting your profile.

    2. Notwithstanding our right to terminate the contract with a Registered User for cause, such as breach of the Registered User’s obligations set out in these Ts&Cs, we reserve the right to terminate the contract and therefore to delete a registered User's profile at any time. The deletion of the profile and thus the termination of the contract will take place with immediate effect.

  9. Indemnification

    1. You agree to indemnify, defend and hold us, PhiAcademy doo , our affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, actions, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, but not limited to, reasonable legal fees and accounting fees (including the costs of defending any claim, action or proceeding brought by a third party) related in any way to your access to or use of our Platform, the content of your Profile or your breach of these Ts&Cs.

  10. Warranty

    1. The functions and all contents of the Platform, including its availability, are provided without any express or implied warranty.

    2. Any obligation on our part to provide updates to the Platform is excluded. Updates to the Platform may be provided by us on a voluntary basis. Even the regolar provision of updates does not constitute a claim to the provision of updates in the future (exclusion of § 7 VGG – Austrian Consumer Warranty Act).

    3. Except as required by law, we assume no responsibility and shall have no liability for any content that you or any other person or third party posts or transmits using the Platform.

  11. Limitation and exclusion of liability

    1. We shall be liable without limitation for intentional acts or bodily injury. In the event of negligence, our liability shall be limited to the foreseeable damage that arises in the event of a breach of essential obligations that are typical for the contract. We are not liable for damages caused by slight negligence, indirect damages and consequential damages as well as lost profit, business, value, turnover, goodwill or lost savings.

    2. The above limitations of liability shall also apply mutatis mutandis in favor of our vicarious agents.

    3. Unless required by law, neither we nor any of our affiliates shall be liable for any damages arising from the use of content made available through the Platform (e.g. through links or hyperlinks). This also applies to damage caused by errors, problems, viruses or loss of data. We are also not liable for the accessibility, existence or security of such accessible databases or services or for their content. In particolar, we assume no liability for the legal admissibility, accuracy, completeness, up-to-dateness, etc. of such content.

  12. Changes to the Ts&Cs

    1. We reserve the right to amend these Ts&Cs from time to time for various reasons, including, without limitation, for commercial reasons, to comply with applicable laws or regolations or for customer service reasons. The current version of the Ts&Cs will be available at all times on the Platform and at (www.philink.me). Such changes will only be made in writing, verbal side agreements do not exist.

    2. In the event of minor changes to the Ts&Cs (for example, if there is a change in the law that requires a change to the Ts&Cs), we will make the new Ts&Cs available for information on the Platform and at (www.philink.me). Please review the Ts&Cs regolarly to ensure that you understand the current version. In the event of material changes to the Ts&Cs that do not have a merely minor adverse effect on you, we will either obtain your express consent to the changes via the Platform or we will notify you of the changes by email to the address provided at registration within a reasonable period of time before the changes take effect (" Change Information "). You have an objection period of two weeks from receipt of the Change Information.

      The Change Information contains the updated Ts&Cs, the date on which the changes come into effect, a two-week objection period and instructions on the consequences of failing to object.

      If you do not object to the changes within this period, the updated Ts&Cs are deemed accepted.

      In the event that you object to the changes, we are entitled to terminate the contract and delete your profile if the continuation of the contractual relationship under the previous conditions is not possible or does not make economic sense for us.

  13. Personal information and data protection

    1. We only process your personal data to the extent permitted by law and protect it from unauthorised access. The provisions of the PhiLink privacypolicy apply.

  14. Special provisions for consumers within the meaning of § 1 KSchG

    1. Right of withdrawal: If you register to use the Platform you enter into a contract with us. If you are a consumer as defined by § 1 of the Consumer Protection Act (KSchG), you have the right to withdraw from this contract without giving any reason (in accordance with the provisions of the Distance and Off-Site Selling Act, FAGG). The withdrawal period is 14 days from the day on which you concluded the contract (day of registration of your profile).

      If you wish to withdraw from our contract for the use of the Platform, you may exercise your right of withdrawal by simply deleting your profile or by using the form below and sending it to us:

       

      Cancellation form

       

      -To

      PhiAcademy doo Beograd-Vozdovac, Bolevar Oslobodenja 137, Belgrade – Vozdovac, Serbia; e-mail: philink@phiacademy.com

      I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

      -Ordered on (*)/Received on (*)

      -Name of the consumer(s)

      -Address of the consumer(s)

      -Signature of the consumer(s) (only in case of notification on paper)

      -Date

      (*) Delete as applicable.

    2. Consequences of revocation: If you revoke this contract, we must return to you all payments (if any) that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

    3. Warranty: We warrant that the Platform has the objectively required functionalities (compared to similar services).

      If you claim a bug or error of the Platform as a defect, then you are obliged to assist us in checking whether the defect is caused by your digital environment to the extent reasonably necessary and possible for this purpose. This obligation to cooperate is limited to the technically available means that involve the least interference for you. If you fail to comply with this obligation, it shall be your responsibility to prove that the defect existed during the period relevant for our warranty obligation.

    4. Updating the Platform: The exclusion of the obligation to update (see section 10.2) only applies if you agreed to this when registering your profile.

    5. Discontinuation and restriction: If we intend to change our service, you will be informed of this. In case of a not only minor impairment, we will inform you reasonably in advance about the features and the time of the change. If you do not agree with a significant change, you can terminate the contractual relationship with us at any time by sending an informal notice to philink@phiacademy.com.

    6. Termination of the contract: Notwithstanding section 8.2 we reserve the right to terminate the profile of a Registered User with a one-month notice period. Termination of the profile of a Registered User for cause is effective immediately.

  15. Applicable law and place of jurisdiction

    1. These Ts&Cs and all legal relationships in connection therewith shall be governed by Austrian law with the exception of its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods. Notwithstanding this provision, the mandatory provisions of the national law of Users who are consumers within the meaning of § 1 Consumer Protection Act (KSchG), or within the meaning of the respective applicable national consumer protection laws shall apply.

    2. All disputes arising out of or in connection with these Ts&Cs, in particolar the formation, validity, binding effect, interpretation, performance, breach or termination of contracts and non-contractual claims, shall be subject to the jurisdiction of the court in Vienna having subject-matter jurisdiction for commercial matters. This section 15.2shall not apply to Users who are consumers within the meaning of § 1 Consumer Protection Act (KSchG).

    3. Notwithstanding the above agreement on the place of jurisdiction, PhiAcademy doo has the right to bring an action before the courts having local and subject-matter jurisdiction for the user or to apply for interim legal protection.

  16. Final provision

    1. Should any provision or parts of a provision of these Ts&Cs be or become invalid under applicable law, the validity and effectiveness of the remaining provisions shall not be affected thereby.

      In the event of the invalidity of any provision of these Ts&Cs, such provision shall be deemed to be replaced by a provision which comes closest in terms of content to the invalid provision. Notwithstanding the foregoing, in the case of contracts concluded with consumers within the meaning of § 1 Consumer Protection Act (KSchG), an invalid provision shall be omitted without replacement. Instead of the omitted provision, the statutory provisions shall apply, provided that the contract cannot continue without the omitted provision, and this is not disadvantageous for the consumer.