Terms of Use

1. Scope

This Agreement is applicable between you, the user of this website, and artofhimalaya gmbh (hereinafter referred to in brief as: AOH), company registration no. FN 507398 z, with its registered office at 1020 Vienna, Grosse Pfarrgasse 3/3, Austria; the owner of this website.

This Agreement governs the use of the www.innerfireschool.org website, which is owned and operated by AOH, as well as all digital contents, products and services provided by AOH including any accompanying materials. All contents, products and services offered by this website (in summary “AOH Services”), and the use thereof, are subject to the following terms and conditions.

By using any of these AOH Services or this website, you hereby declare your consent and agree to these Terms of Use and compliance with them. Additional conditions may apply to certain AOH Services. If such additional conditions are incompatible with these Terms of Use, the more specific additional conditions shall apply.

Your consent to compliance with these Terms of Use shall be deemed granted when you first use the website. If you do not consent to being bound by these Terms of Use, you should stop using the website immediately, and in particular cannot demand AOH Services.

AOH hereby reserves the right, at its own discretion, to withhold services or delete user accounts.

Our Terms of Use shall be read in conjunction with all notices and rules available on our website.

To improve readability, exclusively masculine pronouns will be used in these Terms of Use, but we explicitly point out that they refer equally to both genders.

2. Definitions and interpretation

The terms indicated below shall have the following meaning in this agreement:
“Account": refers to all personal data, payment details and login information, which are used by users to access free contents and/or a communications system on the website;

"Content"
: refers to all texts, graphics, images, audio and video files, software, data collections and all other forms of information that can be stored on a computer and appear on or form part of this website; this includes all online facilities, tools, services or information provided by AOH on the website now or in the future;

"AOH Services"
: refers to all contents, products and services offered by this website and made available to you on this website;

"User"
: refers to any third party, who accesses the website and is not employed at AOH and acts within the scope of his employment;

"Website"
: refers to the website that you are using right now and which is owned and operated by AOH (www.innerfireschool.org) and all subdomains of this website, unless specifically excluded by their own terms and conditions; 

"We/Us"
: refers to artofhimalaya gmbh (AOH), a company incorporated in Austria (limited liability company) with company registration number FN 507398 z and its registered office at 1020 Vienna, Grosse Pfarrgasse 3/3, Austria.

3. Age restrictions

People under the age of 18 should not use this website or should only do so under the supervision of an adult. The acquisition and use of AOH Services by people under the age of 18 is generally not allowed. 

4. Business clients

These Terms of Use also apply to users who procure AOH Services within the course of their business.

5. Usage

5.1 The AOH websites and their contents (in summary “Content”) and AOH Services are owned by the relevant rights holders, who reserve all rights to content and services. Content and services shall only be used for private, non-commercial, personal or educational purposes, provided the content is not altered and any notices on copyright and other intellectual property rights are not deleted or altered. You are not allowed to produce any edits or derivatives from the content/services or to exploit them in any way. Any other use – in full or in part – is explicitly prohibited.

5.2 Nor are you allowed to use content and AOH Services for unauthorized or unlawful purposes.
This includes: (a) downloading, copying or forwarding parts of the content or all the content; (b) use of data mining, automatic download programs or similar data collection or extraction methods; (c) manipulation or other display of content with the use of framing or similar navigation technologies; (d) uploading or posting of content that infringes third-party rights or which, at the sole discretion of AOH, may be deemed inappropriate or offensive; or (e) logging on, subscribing or logging out, or an attempt to do so, without the explicit written consent of any third parties. You are not allowed to interfere in the security of these websites or misuse them or other system resources, services or networks, which are associated with these websites or accessible on these websites, in any other way.

5.3 We regularly update the contents on our websites. However, we cannot guarantee the accuracy, up-to-dateness or completeness of contents and cannot assume any responsibility or liability for contents and AOH Services. We may revise, supplement or delete contents and reserve the right to make such changes without prior notice. Your continued access to the websites or use thereof following such changes means that you consent to such changes.

6. Intellectual property

We are the holders or licensees of all property rights of this website and of material provided by it or published thereon. These works are protected by copyright and by additional intellectual property rights. All these rights are reserved.
This website shall not be copied, reproduced, modified, publicly displayed, republished, distributed, extracted or reused in any other way, in full or in part.
If you infringe these Terms of Use, your right to use this website shall expire immediately and you must return or destroy any copies taken.
6.1 Subject to the exceptions in Article 7 of these Terms of Use, all contents and services included on the website, unless they have been uploaded by users, including but not restricted to texts, graphics, logos, symbols, images, sound clips, video clips, data compilations, page layout, underlying codes and software, are the property of AOH, our affiliates or other relevant third parties. By continuing to use the website you hereby acknowledge that this material is protected by applicable Austrian and international laws on the protection of intellectual property and other laws.
6.2 Both online courses and the accompanying documents are protected by copyright and shall not – even in the form of excerpts – be duplicated, distributed, published or used commercially.
6.3 AOH shall not provide the user with ownership of contents and AOH Services, and in particular of online course contents and the accompanying materials. The user shall acquire a non-exclusive and non-transferrable right to use the contents and AOH Services, in particular online courses and accompanying materials, solely for his own personal purposes. Making any content-related and editorial changes or using modified versions, copying content for third parties or providing content to third parties, otherwise forwarding or making content available, uploading content on the Internet or in (other) networks free of charge or for payment, emulating, reselling or using content for commercial purposes, is not permitted. Further transfer of rights to third parties is excluded.
6.4 Where AOH harbors suspicion of misuse or infringement of these Terms of Use by the user, AOH shall block the user’s access until the circumstances have been clarified. If the suspicion proves unfounded, blocking of access shall be reversed. In the event of misuse or infringement of these Terms of Use by the user being detected, AOH reserves the right to maintain blocked access or to completely delete the website user account.
6.5 In the event of misuse or infringement of these Terms of Use, AOH is entitled to demand a contractual penalty from the user in an amount of € 500 (excluding VAT) for each occasion. The enforcement of any further compensation is reserved.
6.6 AOH endeavors to offer contents and AOH Services with the highest possible level of care and availability. However, AOH assumes no guarantee for the requested access always being established, for AOH Services being available at all times without interruption, and for stored data remaining stored under all circumstances.
6.7 AOH shall not be liable, except in case of intent, for any damage to the user due to errors arising in access to the acquired AOH Services.

7. Intellectual property of third parties

7.1 Unless specifically indicated otherwise, all rights to intellectual property, including but not limited to copyrights and trademarks, belong to the relevant holder of rights.

7.2 You are not permitted to reproduce, copy, distribute or reuse in any other way materials, technical features and any other contents and offers that we provide to you on our website and form the intellectual property of the relevant holder of rights, unless indicated otherwise on the website or unless you have specific written authorization from the relevant holder of rights.

8. Links to other websites

This website may provide links to other websites. Unless specifically indicated, these websites are not under the control of AOH or companies affiliated with us. AOH does not monitor or recommend these linked websites, and specifically assumes no guarantee, liability or responsibility for the contents, actions, offered products or services of these linked websites and, moreover, refuses any liability or responsibility for any kind of loss or damage arising from the use of these websites.

Moreover, we recommend that you carefully check the data privacy statements, General Terms and Conditions and Terms of Use of linked websites.

9. Links to this website

Anyone wanting to place a link (includes deep linking, i.e. links to specific pages within the website) to this website on other websites may only do so on request and with the specific consent of AOH. AOH reserves the right to take legal action in the event of this procedure not being observed and such linking being implemented without the consent of AOH.

10. Contractual partners of AOH

10.1 Digistore24
Upon acquisition of an AOH service you shall enter into a contract with our provider. AOH uses the following provider here: Digistore24 GmbH, St.-Godehard-Strasse 32, 31139 Hildesheim, Germany. Processing procedure: when ordering access to our services, you will be forwarded to the provider website and enter into a contract with Digistore24 GmbH via the service selected by you. All payment details will be made available by the provider.
The General Terms and Conditions [GTC] of Digistore24 can be found here: https://www.digistore24.com/page/terms/1/de
The privacy policy of Digistore24 can be viewed here:  https://www.digistore24.com/page/privacy/1/de

10.2 LearnWorlds platform
This website is operated on the LearnWorlds platform, which is owned by LearnWorlds (CY) Ltd, Gladstonos 120, Foloune Building, 2nd Floor, B1, Limassol, 3032, Cyprus, a limited liability company incorporated in Cyprus under company registration number HE380294.

The Terms of Use of LearnWorlds can be found here: https://www.learnworlds.com/terms/
The privacy policy of LearnWorlds can be found here: https://www.learnworlds.com/privacy-policy/ 
Information on use of cookies on the platform can be found here:  https://www.learnworlds.com/cookie-policy/

11. Use of communications equipment

11.1 If you use a system on the website, you should do so in accordance with the following rules. Non-compliance with these rules may result in your account being suspended or closed:
11.1.1 You must not use obscene or vulgar language;
11.1.2 You must not forward any contents that are unlawful or otherwise offensive. This includes contents, which are offensive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You must not submit any contents that promote or call for violence;
11.1.4 We recommend that submissions be written in English;
11.1.5 The means by which you identify yourself must not infringe these General Terms of Use or applicable law;
11.1.6 You must not impersonate any other persons, and in particular not employees and representatives of AOH or our affiliated companies; and
11.1.7 You must not use our system for unauthorized mass communication such as “spam” or “junk mail”.

11.2 You hereby acknowledge that AOH reserves the right to monitor any communication to us or on our system.
11.3 You hereby acknowledge that AOH may retain copies of all communications to us or on our system, in accordance with relevant data protection regulations and deadlines.
11.4 You hereby acknowledge that all information you send to us on our system may be modified in any way, and you hereby waive your moral right to be identified as author of such information. Any restrictions that you want to impose on our use of such information must be notified to us in advance, and we hereby reserve the right to refuse such conditions and associated information.

12. Data protection, user account and user profile

12.1. Data protection
Our privacy policy describes how we collect and use your personal data. Please carefully read through our privacy policy and the privacy policies of contractual partners that we have engaged. The AOH privacy policy can be viewed here (https://www.innerfireschool.org/privacy).

12.2 User account
In order to demand AOH Services on this website and use specified other parts of the system, you must create an account containing specific personal data, which may vary depending on the use of the website, given that for example a lot of data, such as payment details, are only required if and when you want to make a purchase from our provider. If you create a user account on our website, you are responsible for all activities under your user account. By continuing to use this website you declare and guarantee that:

12.2.1 all information that you have provided is true and correct;
12.2.2 you have permission to transmit payment details if such permission is required; and that
12.2.3 you keep such details correct and up-to-date. Setting up an account is further confirmation of your commitment.

12.3 We recommend not passing on your account data, in particular your username and password. We do not assume any liability for losses or damages arising from you passing on your account data. When using a shared-use computer, we recommend not storing your account data in your Internet browser.
12.4 If you have any reason to assume that your contact data may have been acquired by another party without your consent, you should contact us and our contractual partner Digistore24 without delay in order to block your account and cancel all unauthorized orders or payments, which are potentially still pending. Please note that orders or payments may only be cancelled up until the time performance of AOH Services has commenced. If unauthorized supply begins before you have informed us of the unauthorized nature of the order or payment, you will be invoiced for the period from the start of provision of services by the date on which you notified us and may be charged for an accounting cycle of one month.

12.5 User profile
If an associated user profile to the user account is also created when you open an account, the provisions set out below shall apply: 

12.5.1 By creating, filling out and editing such a user profile on our website (summarized as “user content”) you declare that you hold all rights to such user content. Moreover, you declare that the user content shall not infringe any laws, is not incorrect or misleading in terms of content, does not infringe personal privacy, intellectual property rights or other third-party rights or these Terms of Use, and that the user content shall not damage the good reputation of Tulku Lobsang Rinpoche, the methods and practices, AOH and affiliated companies and their employees or services in any way, whereby AOH is free to decide what is meant by “damage”.

12.5.2 AOH is entitled, but not obliged, to inspect, edit or remove any activity or user content. AOH shall not assume responsibility or liability for any user content created or edited by you or third parties.

12.5.3 You hereby consent to hold AOH harmless from and against all compensation claims and liability arising as a result of or in relation to user contents or in relation to infringements of these Terms of Use by you or anyone acting on your behalf.

13. Termination and deletion of accounts

13.1 Both AOH and you as user may terminate your account. If we terminate your account, you will be notified by email and a declaration will be provided in respect of termination. 

  • Notwithstanding the above, we hereby reserve the right to terminate an account without prior email notification and without giving reasons, in particular if the user has previously infringed or intentionally ignored the Terms of Use of AOH.

13.2 If we terminate your account, all continuous or outstanding orders or payments on your account will be cancelled and the provision of services will not be continued.

14. Availability of AOH Services

14.1 Although every effort has been made to ensure that all general descriptions of services offered by AOH conform to the actual services provided to you, we are not responsible for deviations from these descriptions, given that the exact type of services may vary depending on requirements and circumstances.
14.2 You might not be able to demand an AOH service because you do not fulfill certain requirements.
14.3 We do not promise or guarantee that such AOH Services will be available at all times.
14.4 We hereby reserve the right to change prices from time to time and as required and to amend or remove offers and AOH Services.

15. Disclaimer and liability limitation

15.1 Subject to the applicable legal regulations we do not assume any responsibility or liability for any losses or damages even if they are foreseeable, regardless of whether they are incurred contractually or through unauthorized action (including negligence), breach of a statutory obligation or in any other way. Where legally permitted, we shall exclude all conditions, warranties and undertakings related to this website, regardless of whether they are explicit or implied. Subject to the applicable legal regulations, we assume no liability for any losses or damages incurred with regard to your information technology, computer programs, platform, data or other materials under your ownership in relation to use of this website. With regard to content and AOH Services, AOH does not provide warranties of any kind, explicitly or implicitly, including – but not restricted to – implied warranties of commercial usability and suitability for a specific purpose, and AOH explicitly refuses such warranties – where legally permitted.

15.2 AOH is not responsible or liable for software, computer viruses or other damaging or destructive files or programs, which could infect your computer equipment or other property or could damage them in any other way, nor for phishing, spiders or other forms of data extraction, which pass through your access to these websites, the downloading of materials or other use. We recommend that you install corresponding anti-virus software or other protective software on your computer.

15.3 You hereby explicitly consent to use the websites and AOH Services at your own risk. AOH is not liable for any kind of damage incurred from the use of websites, content or the demand for AOH Services, including but not restricted to direct, indirect, accidental, punitive or consequential damage, unless agreed to the contrary in writing. Many legal systems do not allow for such limits or exclusions of certain liabilities, and therefore some of the above points might not be relevant or might not apply to you.

15.4 The teachings transmitted in the digital content are physically and mentally demanding. The user consumes the digital content at his own risk and carries out the demonstrated exercises shown at his own risk, and declares that he is in a suitable physical and mental condition to do so. If an individual exercise or all digital content exceeds the mental and/or physical abilities of the contractual partner, it is the individual responsibility of the user to discontinue his participation in the exercise or his consumption of such digital content. Should the user violate this obligation, the liability of AOH is completely excluded. Repayment of costs paid to the provider shall be excluded in such a case.

15.5 We do not provide a guarantee that the contents of this website and/or the materials provided are correct, complete, up-to-date or free of errors or omissions.

16. Applicable law and court of jurisdiction

16.1 These Terms of Use, their subject and conclusion shall be deemed to have been concluded in Vienna, Austria; they are exclusively subject to Austrian law in exclusion of their conflict of law rules. The competent court for the subject matter in Vienna, Austria, is responsible for settling any disputes arising under these Terms of Use.
The application of mandatory international consumer protection regulations shall be unaffected.

17. Severability clause

In the event of one or more provisions of these Terms of Use being or becoming fully or partially invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected. Corresponding legal regulations shall apply instead of the invalid or absent provisions from these Terms of Use. In all other cases the contractual parties hereby undertake to replace the invalid or unenforceable provision with a valid provision, which best conforms to the invalid provision in terms of its commercial purpose, unless a supplementary interpretation of these Terms of Use takes precedence or unless such interpretation is possible.

18 Final provisions

18.1 Any failure by AOH to insist on the strict enforcement of any condition of these Terms of Use, or to enforce them, cannot be interpreted as waiver of any regulation or right.
18.2 We hereby reserve the right to make changes to our websites, guidelines and conditions at any time. Moreover, we can suspend, withdraw, adjust or amend the website in full or in part without advance notice.