wowefy.com Terms & Conditions
Terms and Conditions of Service
Terms and Conditions for products and services by wowefy AG, Switzerland, (trading as wowefy.com), and/or WOWEFY NETWORK SRL, EU, (trading as wowefy.com), version of 15h November 2022:
We have to clarify some rules, rights and obligations in a way that is as unambiguous as possible. This makes it easier for you and for us to know what to expect from each other. We have tried to keep it as short and simple as possible.
A. Introduction and Definitions
Welcome to wowefy AG, CH, (trading as wowefy.com) and/or WOWEFY NETWORK SRL, EU, (trading as wowefy.com) (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
“We”, “us”, “company”, “our” means wowefy AG, CH, (trading as wowefy.com), and/or WOWEFY NETWORK SRL, EU, (trading as wowefy.com).
These Terms of Service (“Terms”, “Terms of Service”, “Terms and Conditions”, “Terms and Conditions of Service”) govern your use of our web pages located at wowefy.com operated by us.
“You” means any (legal) entity or person that has reached an agreement with us.
“Agreement” or “participation” means the arrangement in written or digital recording, based on which you can participate in a selected course.
“Trainer” means any natural person representing, or acting on behalf of us who is responsible for facilitating, teaching or offering a course.
“Course” means any training, workshop or event offered by us, or parties acting on behalf of us.
“Force majeure” means any external cause, expected or unexpected, including those specified by law and jurisprudence, over which we have no control and that hinder us from facilitating, teaching or providing a course or honour commitments we made to you
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
1. By entering into an agreement with us, you agree to our full Terms and Conditions of Service.
2. These Terms apply to all agreements that come into effect by registering for one of the courses offered by us on our website or designated platforms managed by us. This includes registrations done by yourself and registrations performed by us, acting on your request, or by a third-party acting on your behalf.
3. These terms and conditions supersede any of your purchase conditions and other terms and conditions you may want to use or we may have previously agreed.
1. The agreement between us and you strats after you have received your written confirmation of your registration.
2. In addition to the confirmation you may also receive an invoice. If you have not already paid in full, you are required to pay the invoice in full the latest 5 days before the Course start date.
D. Cancelling or rescheduling your participation
1. As a customer, you may cancel your participation for up to 25 days before the course starts. We will refund the invoiced amount. We reserve the right to deduct any fees and costs that have incurred from any refund provided at your request. This may include but is not limited to credit card, bank transfer or currency conversion fees.
2. If you cancel within 25 days before the course start date, you are not entitled to a refund and remain required to pay the invoiced amount. The rule applies to all situations, including force majeure.
3. A request to cancel must be sent to us in written form to email@example.com. A cancellation becomes effective only after you have received our explicit and unambiguous confirmation.
4. You may ask us to reschedule your participation to a future date on which we publicly offer the same course. We reserve the right to decline such requests or offer alternative options, based on availability, location, pricing and attendance of the preferred future course. Rescheduling is free of charge if your request is received 25 days before the course starts.
5. A request to reschedule must be sent to us in written form to firstname.lastname@example.org. A rescheduling request becomes effective only after you have received our explicit and unambiguous confirmation of your request.
6. If your request to reschedule is received within 25 days before the course start date but not within 5 days before the start date, and is accepted by us, the rescheduling cost to make the transfer is an additional fee of 25% of the invoiced amount (Service fee). This rule applies to all situations, including force majeure. If your participation is rescheduled to a course that is offered for a higher price, we will invoice you for the difference. We will not compensate you for any costs you made, either directly or indirectly resulting from your request to reschedule a course.
7. No rescheduling is possible within 5 days before the start date.
8. Failure to show up for class, or leaving the class part way through will result in forfeiture of all payment. You will not receive training materials or assessment invites/certification.
9. You don’t have to pay any additional fees if we cancel the course as described below, in section E.
E. Cancelling or rescheduling a course
1. We have the right to reschedule or cancel a course when the trainer is unable to provide the course through a force majeure situation or illness. We are not required to uphold any commitments that we have made to you as part of the agreement in the case of a force majeure situation.
2. We have the right to reschedule or cancel a course when the number of participants is too low. The decision of what is too low is entirely up to us and will be communicated to you before class.
3. We reserve the right to substitute the trainer listed for a class with another suitably qualified alternate trainer at any time. We will make the decision as to who is a suitably qualified trainer.
4. We reserve the right to change the venue and location of a course at any time.
5. We may switch any course from in-person to online.
6. In the case of cancellation or the rescheduling of a course to a future date, we will do our best to inform you in written form as soon as possible. We will also do our best to reschedule the course to the earliest possible date and give you the opportunity to participate.
7. When we are required to cancel a course you will be refunded the full amount that you paid us for your participation. We will not compensate for any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel and accommodation;.
8. When we are required to reschedule a course, you have the right to cancel your participation and receive a full refund of the money you paid us for your participation. We will not compensate for any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel and accommodation.
9. We recommend that travel and accommodation are not booked until the email joining instructions are received from us confirming the class. This typically is sent out around 7 days before the start of a class.
F. Purchases, Prices, Refunds and Fee Changes
1. Except when required by law or in the conditions specified in Section D and Section E, paid Services and Subscription fees are non-refundable.
2. All prices are excluding VAT, unless stated otherwise.
3. All Services and Subscription fees are including course materials, unless specified otherwise. Prices include assessments and certification when stated in the course description.
4. Prices are based on the circumstances applicable at the time of registration. If the circumstances change after, we retain the right to adjust prices accordingly.
5. The Company, in its sole discretion and at any time, may modify Services or Subscription fees for the Services or Subscriptions. Any Service or Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Service or Subscription fees to give you an opportunity to terminate your Service or Subscription before such change becomes effective. Your continued use of Service after Service or Subscription fee change comes into effect constitutes your agreement to pay the modified Service or Subscription fee amount.
6. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
7. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
9. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
10 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
G. Purchases and Payments
1. You are required to pay for your participation in full before the course takes place.
2. Where an invoice is overdue, or the full payment is not made before the class, we reserve the right to decline your access to the course, to reschedule or cancel the course with or without informing you.
3. In any of the above described instances, you are not entitled to any compensation. You will remain obligated to pay for your participation in full.
4. If invoices remain unpaid after the course takes place or the service is received, we reserve the right to make additional charges to cover our administration costs, that may be up to 30% of your invoiced amount.
H. Intellectual property
1. Content found on or through this Service are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
2. The intellectual property may include all training materials, documents, sheets, formats and facilitation techniques.
I. Privacy and Communication
1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com
2. We may record video, audio or still images at any of our public courses. You agree to appear in any promotional materials created from these recordings unless you opt-out in writing in advance of the recording being made.
3. We will use the billing and attendee contact details you provide during the registration process to provide you with further details regarding the course. We may also include you on our mailing list, which we use to contact you from time to time with information on our other activities and events. You can unsubscribe from the mailing list at any time. We will also share your contact details with our partners including, but not limited to Scrum.org.
4. We may use your name, image, description, reviews/recommendations and company details in promotional materials including our website. You can opt-out of this at any time by notifying us at firstname.lastname@example.org
6. We value safety and inclusiveness and we act according to our governing laws.
J. Applicable law
1.These Terms shall be governed and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.
2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
3. These terms & conditions supersede any terms & conditions we have agreed with you previously.
1. When attending a Live Virtual Class / Online Course you agree to have your webcam and microphone activated as instructed. It is your sole obligation to make sure that you have a steady internet connection, and access to any types of tools or platforms that you were informed about (Miro, Mural, Zoom etc). If this does not happen you may be asked to leave the class and no refund or transfer will be permitted.
2. When attending any type of class, you agree to respect any kind of Pre-Work activities or instructions set by your trainer. If this does not happen you may be asked to leave the class and no refund or transfer will be permitted.
L. Amendments to Terms
1. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
2. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.
M. Limitation of Liability and Disclaimers
1. We are not liable, on the basis of the law or under the agreement, for consequential loss that you or a third party might suffer with regard to the performance of the agreement or (the use of) the courses, also including loss of profits, environmental damage or intangible loss. In all events, our liability is limited to the invoiced amount of that part of the agreement from which the damage has arisen.
2. We are not liable for any compensation of damage if a course is interrupted, rescheduled and/or cancelled due to unforeseen circumstances.
3. We reject any responsibility for events resulting from your failure to receive, read or respond to any communications we make to you (via email). This includes communications regarding changes to course arrangements such as a venue or timing change. If you do not receive our communications it is your responsibility to contact us to reconfirm any course arrangements.
4. Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
5. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
6. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
N. Feedback and Prohibited Uses
1. You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
2. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
3. Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company ratings.
(i) Otherwise attempt to interfere with the proper working of Service.
By using service or other services provided by us, you acknowledge that you have read these terms and conditions of service and agree to be bound by them.
Please send your feedback, comments, requests by email at firstname.lastname@example.org