Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
These Terms & Conditions govern all purchases made through this store.
Depending on the product you purchase, the following terms apply:
If you purchase a downloadable product (including PDFs, guides, or downloadable video masterclasses), you are bound by the Terms & Conditions for Digital Products below.
If you purchase access to an online course or streamed video content, you are bound by the Terms & Conditions for Online Courses below.
By completing your purchase, you agree to the applicable section(s) of these Terms & Conditions in full.
Terms and Conditions for Digital Products
You and the Seller enter an agreement pursuant to, and in accordance with, the terms and conditions of these Terms and agree as follows:
1) Definitions
Unless the context requires otherwise and unless explicitly defined elsewhere in these Terms, capitalised terms and expressions in these Terms are defined terms and expressions which shall have the following meaning:
(a) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Digital Products;
(ii) the contents of these Terms;
(iii) all information identified by a Party as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(b) “Digital Product(s)” means all and any of the content made available to You which includes, but is not limited to, products, files, eBooks, text, images, photos, posts, logos, marks, graphics, designs, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials made available in the Shop or otherwise by or on behalf of the Seller;
(c) “Parties” means You and the Seller;
(d) “Party” means either of the Parties;
(e) “Seller” means Hannah Schwendinger, acting in the name of the sole proprietorship, Materna Studios;
(f) “Shop” means the store of the Seller operated by Find Community, Inc. (dba Stan) with the URL stan.store.com/maternastudios on which the Digital Products are made available to You;
(g) “Terms” means these terms and conditions for digital products; and
(h) “You” or “Your” means any (natural or legal) person who has agreed to and is, therefore, bound by these Terms.
2) Age
2.1) You represent and warrant that:
(a) You are at least 18 years of age; or
(b) if You are the age of 13 years or older but younger than the age of 18 years, You have been given the prior consent (one of) Your parent(s) or legal guardian(s), to enter these Terms.
2.2) The Seller makes no representation that the Digital Products are available or appropriate for use by individual persons below the age of 18.
2.3) If You are younger than the age of 13 years, the Seller does not permit You to access the Shop, or the Digital Products.
3) (Un)permitted use & communications
3.1) You are granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the Digital Products for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or proprietary rights (hereinafter referred to as; the “License”).
3.2) Any intellectual property rights remain exclusively vested in the Seller, its licensors, or its suppliers.
3.3) You acknowledge and agree that You are not permitted to:
(a) share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit the Digital Products
(b) collect or use descriptions or prices of the Digital Products; or
(c) make any derivative use or create derivative works of the Digital Products,
whether free or paid, without the express consent of the Seller given by email.
3.4) You shall not use the Digital Products to teach any third party or publish on any platform any of the information, methods, solutions, or formulae contained in or derived from the Digital Products.
3.5) You shall be liable for damages resulting from the breach or violation of any provision contained in these Terms.
4) Responsibilities, disclaimers, representations and warranties
4.1) The Digital Products are provided “as is” and “as available.”
4.2) The description of the Digital Products is intended to indicate only the general nature of the Digital Products and does not guarantee the content.
4.3) The Digital Products are for informational and educational purposes only. The Digital Products contain general information and are not, and should not be, construed as, any kind of professional advice. These are the personal opinions of the Seller only.
4.4) Your use of the Digital Products does not establish any kind of professional-client relationship with the Seller.
4.5) You use this information at Your sole risk. The Seller is not and will not be responsible or liable for Your reliance on the information.
4.6) The Seller does not represent, warrant, or guarantee that the Digital Products will be true, accurate, complete, current, or free from errors or omissions.
4.7) The Seller is not responsible for: (i) the effectiveness of the Digital Products; (ii) any results in relation to or outcomes from the Digital Products; or (iii) any decisions made by You or any other third party based on the Digital Products and/or any results in relation to or outcomes from the Digital Products. The Seller does not represent, warrant, or guarantee the effectiveness of the Digital Products or the results in relation to or outcomes from the Digital Products. The Seller’s comments about the effectiveness of the Digital Products and/or result(s) and/or outcome(s) are expressions of opinion only.
4.8) You acknowledge that the Seller cannot make any such representations, warranties, or guarantees mentioned in this clause 5 and that You cannot hold the Seller liable in relation to: (i) errors or omissions; (ii) the effectiveness of the Digital Products; (iii) any results in relation to or outcomes from the Digital Products; or (iv) any decisions made by You or any other third party based on the Digital Products and/or any results in relation to or outcomes from the Digital Products.
5) Digital Products changes & updates
5.1) The Seller reserves the right to amend, change, alter or modify the Digital Content at its discretion.
5.2) The Seller may change or update any of the Digital Products. When the Seller makes any changes or updates to the Digital Products, such changes and/or updates are included in the Digital Products You were provided at the moment of purchasing such Digital Products. You will receive access to the updated version of the Digital Products.
6) Fee
6.1) As consideration for access to a Digital Product, You agree to pay the Seller a total payment equal to the fee stated on the sales page of such Digital Product in the Shop (hereinafter referred to as; the “Fee”).
6.2) All amounts stated in the Shop are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, You shall pay to the Seller, in addition to the Fee, an amount equal to the amount of the applicable taxes.
7) Payment
7.1) The Fee must be paid immediately at the moment of purchasing a Digital Product. You may only pay the full Fee at the moment of purchase. Payment in instalments is not permitted.
7.2) The purchase of a Digital Product is not complete, and You will not have access to such Digital Product until the Seller has received full payment of the total Fee.
7.3) Any payments under these Terms are made via Stripe. You carry any applicable transaction costs.
7.4) You authorize the Seller to charge the credit card or account chosen by You to complete all payments under these Terms, and You do not require separate authorization for each payment.
7.5) If You fail to tender full and/or timely payment of any payment owed to the Seller, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Seller reserves the right to suspend Your access to the relevant Digital Product(s) until You have paid any payment(s) due in full.
7.6) If You fail to tender full and/or timely payment of any payment owed to the Service Provider under this Agreement within 14 days after the due date of that payment, the Service Provider reserves the right to charge a late payment fee equal to 3% of the total amount overdue, to accrue monthly until payment is received. Additionally, the Service Provider may charge a standard fee for collection costs of €25 and any expenses incurred in connection with collecting the fee from You, including legal fees and collection costs.
8) Refund policy
8.1) You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 9 deviated from such rights. The Seller is under no obligation to grant You a refund.
8.2) If You cancel these Terms, You shall not be refunded.
9) Access to Digital Products
9.1) You will receive the Digital Product(s) via the Shop/e-mail in the form of a ZIP file immediately after completing the purchase of such Digital Product(s).
9.2) The Seller reserves the right to, at the Seller’s sole discretion, completely or partially, refuse, suspend, remove, restrict Your access to the Shop and/or the Digital Products and/or revoke and/or terminate Your use of the Shop and/or the Digital Products, and/or any licenses at any time, without notice if the Seller either knows or suspects You have or shall breach any of Your obligations under these Terms.
10) Format & compatibility
10.1) The Digital Products are available in the following format(s): PDF.
10.2) The Digital Products are designed to be compatible with e.g. Preview, Adobe Acrobat Reader. However, it is Your responsibility to ensure that Your chosen device and software are compatible with the selected Digital Product(s). The Seller is not responsible for and does not represent, warrant, or guarantee the compatibility of the Digital Products with the aforementioned devices and/or software or other devices and/or software. Future updates to the Digital Products or changes in technology may impact the compatibility of the Digital Products.
11) Term & termination
11.1) These Terms are effective as of the moment of purchasing a Digital Product and continue:
11.2) The Seller shall be entitled to terminate these Terms by email to You with immediate effect and thus without observing a notice period and without being liable or any compensation being due if:
(a) any payment that is due under these Terms has not been received by the Seller in full and on time;
(b) You breach any of Your obligations under these Terms; or
(c) necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of a public authority.
11.3) If these Terms are terminated or cancelled, which termination or cancellation can only occur on the basis of and in accordance with the relevant provisions of these Terms, then:
(a) the License shall be revoked with immediate effect upon termination;
(b) access to the Digital Products by You shall be revoked and terminated;
(c) You shall cease and abstain from the use of and delete the Digital Products from any location You have shared or stored the Digital Products;
(d) all rights and obligations of the Parties under these Terms shall end and become ineffective, except for:
(i) the rights and obligations accrued before that date;
(ii) any rights and (payment) obligations of or pursuant to clauses 6 and 7; and
(iii) any rights and obligations of or pursuant to clauses 12 through 25, which will remain in full force and effect after termination of these Terms; and
(e) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under these Terms occurring prior to their termination.
11.4) If these Terms are terminated due to any of the reasons listed under clause 11.2(a) or 11.2(b), the Seller is entitled to refuse You access to any other (digital) products and/or services at the Seller’s sole discretion.
12) Non-disparagement and prohibited use
12.1) You agree not to disparage the Seller’s brand, products, services or persons working for or employed by the Seller.
12.2) You agree that You will not make any unsubstantiated claims that will ruin the business reputation of the Seller.
12.3) You shall not use the Digital Products or any information or materials in relation to the Digital Products, the Seller, and/or these Terms in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits a Party;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
12.4) You shall not misrepresent or embellish Your relationship with the Seller (including, but not limited to, by expressing or implying that the Seller supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by these Terms or agreed by email or written agreement between the Parties.
13) Limitation of liability
13.1) Your use of the Digital Products is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Digital Products.
13.2) The Seller and anyone else working with or for the Seller is not responsible, nor is the Seller liable, for any damages resulting from:
(a) any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Digital Products;
(b) any theft of and/or unauthorised access to Your information by any third party, regardless of the Seller’s negligence; and
(c) any use or misuse of any Digital Products.
13.3) Without prejudice to clause 14.6, the Seller’s aggregate liability is limited to the Fee, excluding sales taxes, value-added taxes, and any other taxes, actually paid by You to the Seller and actually received by the Seller under these Terms.
13.4) Without prejudice to clause 14.6, the Seller is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
13.5)You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Shop, the Digital Products or these Terms.
13.6) Nothing in this clause 14 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
14) Indemnity
14.1) You agree to indemnify and hold the Seller and/or anyone else working with or for the Seller harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Seller arising, in whole or in part, from:
(a) actions and/or omissions, whether done negligently or otherwise, by You, Your agents, directors, officers, employees, and/or representatives;
(b) use of the Digital Products by You;
(c) violation of any laws, regulations, rules, or ordinances by You;
(d) violation of any provisions of the Terms by You or anyone related to You; and/or
(e) infringement by You of any intellectual property rights or other third-party rights.
14.2) The Seller will notify You as soon as reasonably possible of any such claims, damage, and/or liability. The Seller reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Seller to defend any such claims without any cost.
15) Confidentiality
15.1) You shall use Confidential Information solely for the purposes described in these Terms and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Seller given by email.
15.2) You acknowledge that the Confidential Information of the Seller, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Seller.
15.3) The restrictions in this clause 16 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by You in violation of these Terms.
15.4) You shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that You, to the extent practicable and permitted, promptly notify the Seller of such request or requirement.
15.5) For the purposes of this clause 16, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in Your possession, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in Your possession, or received from a third party unless the combination itself and its principle of operation are in the public domain, in Your possession or received from a third party.
15.6) You shall notify the Seller as soon as reasonably practicable of any unauthorised use, or attempted use, of the Seller’s Confidential Information and provide all information necessary to assist the Seller in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You undertake Your best efforts to prevent a recurrence to the extent this is within Your control.
16) Personal data
16.1) The Seller only uses Your personal data for the purposes set out in these Terms. The Seller shall ensure it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. For more information on how Your personal data is used and stored by the Seller, please refer to the Seller’s privacy policy which You can find here: https://www.maternastudios.com/privacy-policy.
17) Communication
17.1) Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Digital Products, the Shop or these Terms must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Seller: contact@maternastudios.com
(b) to You: the email address provided by You in the Shop at the moment of purchasing the Product,
or such other email address as a Party may notify the other Party by email.
17.2) Unless another means of communication is explicitly provided for in this Agreement, You shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Seller unless the Seller has explicitly agreed to such other means of communication.
17.3) The Seller shall endeavour to respond to emails within 72 hours on Business Days, which is a target and not a guaranteed service level. The Seller shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
18) Electronic signature
These Terms constitute an electronic contract between You and the Seller with the full force and effect of a handwritten signature. The Parties enter into these Terms at the moment of purchase of one or more Digital Product(s) by You by way of clicking on the “Submit/Purchase/Buy” button on the purchase page in the Shop.
19) Entire agreement
These Terms constitute the entire agreement between the Parties relating to the Digital Products and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.
20) Amendments & modifications
These Terms may be changed, modified, or amended by the Seller at any time and at the Seller’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your continued use of the Digital Products following the effective date of such change will constitute Your acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to You, Your only recourse is to terminate these Terms in accordance with clause 11.1.
21) Assignment
You may not assign or transfer the Digital Products or any of Your rights or obligations under these Terms unless agreed between the Parties by written agreement or email.
22) Enforceability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
23) No waiver
No failure or delay by the Seller in exercising any right or remedy under or in connection with these Terms shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.
24) Choice of law
These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by the laws of Austria.
25) Dispute resolution & arbitration
25.1) Without prejudice to clause 25.2, all disputes arising out of or in connection with these Terms or the Digital Products, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Linz, Austria. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
25.2) If:
(a) You are registered in Austria; or
(b) a dispute is not subject to arbitration under clause 25.1 for whatever reason,
that dispute shall be settled in the competent courts located in Linz, Austria, and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in Linz, Austria, for the adjudication of all non-arbitral claims.
Online Course Terms and Conditions
You and the Service Provider enter an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows:
1) Definitions
Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
(a) “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by You);
(b) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Course Content;
(ii) the contents of this Agreement;
(iii) all information identified by a Party as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(c) “Course Content” means all content made available to You which includes, but is not limited to, text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials on and contained in the Platform or otherwise by or on behalf of the Service Provider to educate You on Studio Lighting under the name Signature Lighting Masterclass;
(d) “Parties” means You and the Service Provider;
(e) “Party” means either of the Parties;
(f) “Platform” means the platform “Stan Store” used by the Service Provider on which the Course Content is made available to You;
(g) “Registration” means the moment You submit the Registration Form and create Your Account;
(h) “Registration Form” means the registration form provided via stan.store.com/maternastudios or otherwise to You by the Service Provider to register for access to the Course Content;
(i) “Service Provider” means Hannah Schwendinger, acting in the name of the sole proprietorship, Materna Studios; and
(j) “You” or “Your” means any (natural or legal) person who has agreed to and is, therefore, bound by this Agreement.
2) Age
2.1) You represent and warrant that:
(a) You are at least 18 years of age; or
(b) if You are the age of 13 years or older but younger than the age of 18 years, You have been given the prior consent (one of) Your parent(s) or legal guardian(s), to enter this Agreement.
2.2) The Service Provider makes no representation that the Course Content is available or appropriate for use by individual persons below the age of 18.
2.3) If You are younger than the age of 13 years, the Service Provider does not permit You to access Your Account, the Platform, or the Course Content.
3) Account
3.1) In order to access the Platform and the Course Content, You are required to create a user account at Registration (hereinafter referred to as; Your “Account”).
3.2) By creating Your Account, You represent and warrant that all information provided for the creation of Your Account is accurate, complete, and current. You agree to maintain and update, as soon as reasonably possible, Your Account information so that it remains accurate, complete, and current.
3.3) In order to create Your Account, You may be required to choose a username and/or password. You are responsible for keeping Your username and password confidential.
3.4) Your Account may be used by You only. You may not provide access to Your Account or in any way make Your Account or any information relating to Your Account, including, but not limited to, Your username and password, available to any third party.
3.5) Regardless of whether a third party is or was authorised by You to access or use Your Account, You are and remain at all times responsible for any and all use of Your Account and that any and all use of Your Account is fully compliant with the provisions of this Agreement.
3.6) You acknowledge and agree that the Service Provider may rely on the username of Your Account, if applicable, to identify You.
4) (Un)permitted use & communications
4.1) You are granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the Course Content for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or proprietary rights (hereinafter referred to as; the “License”).
4.2) Any intellectual property rights remain exclusively vested in the Service Provider, its licensors, or its suppliers.
4.3) You acknowledge and agree that You are not permitted to:
(a) share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit the Course Content;
(b) collect or use descriptions or prices of the Course Content; or
(c) make any derivative use or create derivative works of the Course Content,
whether free or paid, without the express consent of the Service Provider given by email or written agreement.
4.4) You shall not use the Course Content to teach any third party or publish on any platform, any of the information, methods, solutions, or formulae contained in or derived from the Course Content.
4.5) You may use the Platform and the Course Content exclusively for Your own use and for lawful purposes. You agree not to:
(a) use or distribute any kind of malicious software, data gathering or extraction tools, or harmful information or material on the Platform, including, but not limited to, robots, data mining, computer viruses, or spyware;
(b) make any attempts to hack or gain unauthorised access to any part of the Platform; and/or
(c) send unauthorised or unsolicited material or cause disruption in the operation and/or functionality of the Platform.
4.6) You shall be liable for damages resulting from the breach or violation of any provision contained in this Agreement.
5) Course Content changes, updates & add-ons
5.1) The Service Provider reserves the right to amend, change, alter or modify the Course Content at its discretion.
5.2) The Service Provider may update any of the Course Content and/or add new course material to the Course Content from time to time. When the Service Provider makes any updates to the Course Content and/or adds new course material to the Course Content, such updates and/or new course material are included in the Course Content You were provided at the moment of Registration. You will receive access to the updated version of the Course Content or new information and/or materials.
6) Third-party resources and websites
6.1) The Platform and/or Course Content may contain links or references to third-party websites or resources originating from third parties. The Service Provider does not own or control these third-party websites.
6.2) You agree that the Service Provider is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and/or in the resources provided by third parties.
6.3) You assume any and all risks for visiting and/or using these third-party websites and/or resources originating from third parties, and any and all transactions between You and these third parties are exclusively between You and the relevant third party. The Service Provider is not liable for any damages resulting from or relating to Your use of these third-party websites or resources originating from third parties.
6.4) The Service Provider has partnered with other businesses and/or become part of one or more affiliate marketing program(s) whose products and/or services are advertised or promoted on the Platform and/or on the Course Content in exchange for commissions, affiliate fees, referral fees, and/or financial rewards when You purchase those products and/or services through the affiliate links.
6.5) The Service Provider may also recommend or promote other products, services, persons and/or businesses, but such reference is not intended to be an endorsement and/or statement that such information provided is accurate. The Service Provider recommends such products, services, persons and/or businesses based on its personal experiences. However, it is at all times Your responsibility to conduct Your own research and due diligence to ensure You have complete and accurate information about such products, services, persons and/or businesses.
6.6) These affiliate and/or third-party relationships in no way compromise the integrity of the Course Content. You are not obligated to click on these affiliate links and/or third-party links to purchase those products or services being offered. These affiliate and/or third-party programs are selected based on personal experiences and assist in the growth of the Service Provider, so the Service Provider can continue to provide valuable and substantive information on the Platforms.
6.7) Although the Service Provider may provide affiliate and/or third-party links on the Platform or in the Course Content for Your convenience, the Service Provider has no control over these third-party websites. Those affiliates and third parties are solely responsible for their own information and content presented. Therefore, the Service Provider and/or anyone else working with or for the Service Provider cannot be held responsible and/or liable for any content presented on these third-party websites and for any damages, losses or other costs resulting from them.
7) Fee
7.1) As consideration for access to Your Account, the Platform, and the Course Content, You agree to pay the Service Provider a total payment equal to £29 (hereinafter referred to as; the “Fee”).
7.2) All amounts stated in this Agreement are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, You shall pay to the Service Provider, in addition to the Fee, an amount equal to the amount of the applicable taxes.
8) Payment
8.1) The Fee must be paid immediately at the moment of Registration. You may only pay the full Fee at Registration. Payment in instalments is not permitted.
8.2) Registration is not complete, and You will not have access to the Course Content until the Service Provider has received full payment of the total Fee.
8.3) Any payments under this Agreement are made by Stripe. You carry any applicable transaction costs.
8.4) You authorize the Service Provider to charge the credit card or account chosen by You to complete all payments under this Agreement, and You do not require separate authorization for each payment.
8.5) If You fail to tender full and/or timely payment of any payment owed to the Service Provider, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Service Provider reserves the right to suspend Your access to the Course Content until the Service Provider has received any payment(s) due in full.
8.6) If You fail to tender full and/or timely payment of any payment owed to the Service Provider under this Agreement within 14 days after the due date of that payment, the Service Provider reserves the right to charge a late payment fee equal to 3% of the total amount overdue, to accrue monthly until payment is received. Additionally, the Service Provider may charge a standard fee for collection costs of €25 and any expenses incurred in connection with collecting the fee from You, including legal fees and collection costs.
9) Refund policy
9.1) You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 9 deviated from such rights. The Service Provider is under no obligation to grant You a refund.
9.2) If You cancel or terminate this Agreement, You shall not be refunded.
10) Access restriction
The Service Provider reserves the right to, at the Service Provider’s sole discretion, completely or partially, refuse, suspend, remove, restrict Your access to the Platform and/or the Course Content and/or revoke and/or terminate Your use of the Platform and/or the Course Content, any licenses and/or Your Account, at any time, without notice if the Service Provider either knows or suspects You have or shall breach any of Your obligations under this Agreement.
11) Term & termination
11.1) This Agreement is effective, and You receive access to the Course Content and the Platform as per the moment of Registration and continue:
(a) for as long as the Course Content is available on the Platform; or
(b) until You cancel this Agreement; or
(c) until the Service Provider terminates this Agreement in accordance with this clause 11.
11.2) The Service Provider shall be entitled to terminate this Agreement by email to You with immediate effect and thus without observing a notice period and without being liable or any compensation being due if:
(a) any payment that is due under this Agreement has not been received by the Service Provider in full and on time;
(b) You breach any of Your obligations under this Agreement;
(c) the Course Content is no longer available on the Platform; or
(d) necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of a public authority.
11.3) If this Agreement is terminated or cancelled, which termination or cancellation can only occur on the basis of and in accordance with the relevant provisions of this Agreement, then:
(a) the License shall be revoked with immediate effect upon termination;
(b) Your Account shall be terminated;
(c) access to the Platform and the Course Content by You shall be revoked and terminated;
(d) You shall cease and abstain from the use of and delete the Course Content from any location You have shared or stored the Course Content;
(e) all rights and obligations of the Parties under this Agreement shall end and become ineffective, except for:
(i) the rights and obligations accrued before that date;
(ii) any rights and (payment) obligations of or pursuant to clauses 9 (Payment & access); and
(iii) any rights and obligations of or pursuant to clauses 16 through 27, which will remain in full force and effect after termination of this Agreement; and
(f) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under this Agreement occurring prior to their termination.
11.4) If this Agreement is terminated due to any of the reasons listed under clause 11.2(a) or 11.2(b), the Service Provider is entitled to refuse You access to any other courses, (digital) products and/or services at the Service Provider’s sole discretion.
12) Representations, warranties, and Disclaimers
12.1) Errors Disclaimer: The Service Provider does not represent, warrant, or guarantee that the Course Content, Your Account, or the Platform will be true, accurate, up-to-date, complete, current, or free from errors, defects, inaccuracies, omissions, interruptions, or disruptions.
12.2) Access Disclaimer: The Course Content is facilitated through the Platform. The Service Provider is not responsible or liable for any delays, downtime, interruptions, or temporary failures to access or use the Course Content, the Platform, or Your Account. The Service Provider makes no representations, warranties, or guarantees regarding the compatibility of the Course Content or the Platform with Your specific technology or internet connection. It is Your responsibility to ensure that You have the appropriate technology, equipment, hardware and software, along with access to a reliable internet connection, to be able to access and use the Platform and the Course Content.
12.3) Description Disclaimer: The descriptions, representations, and any other information regarding the Course Content provided on websites, social media, or anywhere else are intended to convey the general nature of the Course Content only and do not guarantee the outcomes or content of the Course Content. The Service Provider reserves the right to amend, change, alter, or modify the Course Content, its features, structure, delivery method, or any other aspect of the Course Content at the Service Provider’s sole discretion and without prior notice.
12.4) Incompatibility Disclaimer: The Service Provider is not responsible or liable if You fail to meet the requirements for the Course Content or your ability to use and complete the Course Content based on Your personal circumstances, skills, commitment, capabilities, and effort. You are responsible for allocating sufficient time and resources to allow You to successfully use and complete the Course Content.
12.5) Professional Relationship Disclaimer: Purchasing, accessing, or using (any part of) the Course Content, Your Account, or the Platform does not establish a client relationship or any kind of professional or legal relationship with the Service Provider or any person working with or for the Service Provider, including, but not limited to, instructors, course creators, or other contributors, nor does it create any kind of ongoing legal or professional obligation or responsibility between You and the Service Provider or any person working with or for the Service Provider beyond the scope of this Agreement.
12.6) Professional Advice Disclaimer: The Course Content is for informational and educational purposes only. The Course Content is general information and is not, and should not be construed as, any form of professional advice, nor is it intended to replace or substitute for such professional services. You acknowledge that the Course Content does not address Your specific individual needs.
12.7) Financial & Legal Disclaimer: The (use of the) Course Content does not constitute and cannot be used as a substitute for (professional) financial, tax, or legal advice, support, or services. The Service Provider does not guarantee and specifically disclaims any responsibility and liability relative to (business) earnings, success potential or any measurable (financial) outcomes. You are solely responsible for legal compliance, and the Service Provider disclaims any liability for any penalties, fines, or other damages that You may incur due to breach of any applicable laws, regulations or other legal requirements.
12.8) Product Availability Disclaimer: The Service Provider does not guarantee the availability of specific products or services mentioned in the Course Content (in your location). It is Your responsibility to source products and services necessary for the Course Content.
12.9) Risk Disclaimer: You agree to use and execute the Course Content at Your sole risk. The Service Provider specifically does not represent, warrant, or guarantee the safety, suitability, or effectiveness of any of the objects, products, services, tools, methods, or techniques mentioned or used in the Course Content. The Service Provider is not responsible and disclaims any liability for any injuries, damages, losses or other consequences arising out of or resulting from Your use of the Course Content, including, but not limited to, any injuries, damages, losses or other consequences arising or resulting from misuse, misunderstanding or failure to follow any part of the Course Content.
12.10) Reliance Disclaimer: You use the Course Content at Your sole discretion and risk. The Service Provider does not guarantee that the Course Content will meet Your expectations or objectives. The Service Provider is not responsible or liable for Your reliance on (any part of) the Course Content.
12.11) Results & Outcomes Disclaimer: Individual outcomes and results may vary based on personal circumstances, skills, commitment, capabilities, effort, and application of the Course Content. The Service Provider is not responsible for (i) the effectiveness of the Course Content, Your Account, or the Platform, (ii) any results in relation to or outcomes from the Course Content, Your Account, or the Platform, or (iii) any decisions made by You or any other third party based on the Course Content and/or any results in relation to or outcomes from the Course Content. The Service Provider does not represent, warrant, or guarantee the effectiveness of the Course Content, Your Account, or the Platform or the results in relation to or outcomes from the Course Content. The Service Provider’s comments about the effectiveness of the Course Content and/or result(s) and/or outcome(s) are expressions of opinion only.
12.12) No Representations, Warranties, or Guarantees: You acknowledge that the Service Provider cannot make any such representations, warranties, or guarantees mentioned in this clause 13 and that You cannot hold the Service Provider liable in relation to those matters.
13) Limitation of liability
13.1) Your visit to and use of the Course Content and the Platform is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Course Content and the Platform.
13.2) The Service Provider and anyone else working with or for the Service Provider is not responsible, nor is the Service Provider liable, for any damages resulting from:
(a) any errors, delays, bugs, or omissions on the Platform, interruption in operation and Your use of the Platform, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures;
(b) any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Platform;
(c) any theft of and/or unauthorised access to Your information by any third party, regardless of the Service Provider’s negligence; and
(d) any use or misuse of any Course Content.
13.3) Without prejudice to clause 13.6, the Service Provider’s aggregate liability is limited to the Fee, excluding sales taxes, value-added taxes, and any other taxes actually paid by You to the Service Provider and actually received by the Service Provider under this Agreement.
13.4) Without prejudice to clause 13.6, the Service Provider is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
13.5) You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Platform, Your Account, the Course Content or this Agreement.
13.6) Nothing in this clause 13 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
14) Indemnity
14.1) You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Service Provider arising, in whole or in part, from:
(a) actions and/or omissions, whether done negligently or otherwise, by You or Your Account, Your agents, directors, officers, employees, and/or representatives;
(b) use of the Course Content, the Platform or Your Account by You;
(c) violation of any laws, regulations, rules, or ordinances by You or Your Account;
(d) violation of any provisions of this Agreement by You or Your Account or anyone related to You; and/or
(e) infringement by You or Your Account of any intellectual property rights or other third-party rights.
14.2) The Service Provider will notify You as soon as reasonably possible of any such claims, damage, and/or liability. The Service Provider reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Service Provider to defend any such claims without any cost.
15) Non-disparagement and prohibited use
15.1) You agree not to disparage the Service Provider’s brand, products, services or persons working for or employed by the Service Provider.
15.2) You agree that You will not make any unsubstantiated claims that will ruin the business reputation of the Service Provider.
15.3) You shall not use the Course Content or any information or materials in relation to the Course Content, the Service Provider, and/or this Agreement in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits a Party;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
15.4) You shall not misrepresent or embellish Your relationship with the Service Provider (including, but not limited to, by expressing or implying that the Service Provider supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by written agreement or email between the Parties.
16) Confidentiality
16.1) You shall use Confidential Information solely for the purposes described in this Agreement and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Service Provider given by email.
16.2) You acknowledge that the Confidential Information of the Service Provider, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Service Provider.
16.3) The restrictions in this clause 12 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by You in violation of this Agreement.
16.4) You shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that You, to the extent practicable and permitted, promptly notify the Service Provider of such request or requirement.
16.5) For the purposes of this clause 12, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in Your possession, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in Your possession, or received from a third party unless the combination itself and its principle of operation are in the public domain, in Your possession or received from a third party.
16.6) You shall notify the Service Provider as soon as reasonably practicable of any unauthorized use, or attempted use, of the Service Provider’s Confidential Information, and provide all information necessary to assist the Service Provider in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You undertake Your best efforts to prevent a recurrence to the extent this is within Your control.
17) Personal data
The Service Provider only uses Your personal data for the purposes set out in this Agreement. The Service Provider shall ensure it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. For more information on how Your personal data is used and stored by the Service Provider, please refer to the Service Provider’s privacy policy which You can find here: https://www.maternastudios.com/privacy-policy.
18) Communication
18.1) Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Course Content, the Platform or this Agreement must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Service Provider: contact@maternastudios.com
(b) to You: the email address provided by You in the Registration Form,
or such other email address as a Party may notify the other Party by email.
18.2) Unless another means of communication is explicitly provided for in this Agreement, You shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Service Provider unless the Service Provider has explicitly agreed to such other means of communication.
18.3) The Service Provider shall endeavour to respond to emails within 72 hours on Business Days, which is a target and not a guaranteed service level. The Service Provider shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
19) Electronic signature
This Agreement constitutes an electronic contract between You and the Service Provider with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by You by way of clicking on the “Submit/Sign up /Enroll Now/Purchase Now” button on the Registration Form.
20) Entire agreement
This Agreement constitutes the entire agreement between the Parties relating to the Course Content and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.
21) Amendments & modications
This Agreement may be changed, modified, or amended by the Service Provider at any time and at the Service Provider’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your continued use of the Platform and/or the Course Content following the effective date of such change will constitute Your acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to You, Your only recourse is to terminate this Agreement in accordance with clause 12.1.
22) Assignment
You may not assign or transfer the Course Content or any of Your rights or obligations under this Agreement unless agreed between the Parties by written agreement or email.
23) Enforceability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
24) No waiver
No failure or delay by the Service Provider in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.
25) Choice of law
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of Austria.
26) Dispute resolution & arbitration
26.1) Without prejudice to clause 26.2, all disputes arising out of or in connection with this Agreement or the Course Content, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Linz, Austria. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
26.2) If:
(a) You are registered in Austria; or
(b) a dispute is not subject to arbitration under clause 26.1 for whatever reason,
that dispute shall be settled in the competent courts located in Linz, Austria, and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in Linz, Austria, for the adjudication of all non-arbitral claims.
