Terms and Conditions of CodeFactory
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all participants (hereinafter referred to as “course participants”) in courses of CodeFactory GmbH (hereinafter “CodeFactory”), unless agreed otherwise in individual cases within the framework of permanent cooperation.
Item 18 of these terms and conditions applies between CodeFactory and project partners to whom CodeFactory provides programs developed in courses (hereinafter “project partners”).
The CodeFactory accepts registration for courses only via the online form on its website (https://www.codefactory.wien/apply/). Every registration is binding. Participation by anyone other than the registered student is only possible with the express written consent of CodeFactory.
The CodeFactory is entitled to make the course participation in the fulfillment of specified qualifications. The conditions for participation will be announced in the course description on the website of CodeFactory (www.codefactory.wien/kurse-programm/). It is the responsibility of the student to assess whether he meets the eligibility requirements.
4. Course fee
The course fee is due immediately after registration. The payment must be proven at the latest at the beginning of the course. If the course fee is not paid on time, the CodeFactory is entitled to refuse the course participant participation in the course.
5. Course content
The CodeFactory is entitled to change course contents at any time, if this seems appropriate due to new features.
6. Course completion
Basic courses complete without certification exam. Course participants will receive a confirmation of participation upon request.
Full-stack courses complete with a certification exam. Prerequisite for the admission to the exam is that all knowledge checks of the course were completed positively and the participation in all course projects was assessed positively. CodeFactory decides on admission to examinations. CodeFactory reserves the right to change and extend the admission requirements for exams for good cause. Included in the course fee is only one exam. For each further examination, an additional examination fee has to be paid in the amount prescribed by CodeFactory.
7. Right of withdrawal
Students who are consumers are entitled to cancel the contract within fourteen days from the date of the contract without giving any reason. The revocation must be made by means of a clear declaration (by e-mail, fax or letter). To comply with the withdrawal period, it is sufficient that the notice on the exercise of the right of withdrawal before the expiry of the withdrawal period is sent. In the event of cancellation, the CodeFactory will reimburse the course fee already paid by the student concerned at the latest within fourteen days from the day on which the notification is received. This provision does not apply to course participants in the context of permanent cooperation.
Except in the case of point 7, a student can not withdraw from the contract after binding registration. In case of cancellation or non-participation of the student, the full course fee remains due. However, the CodeFactory may, at its sole discretion, allow the student to switch to an equivalent course.
9. Exclusion from further participation
The CodeFactory may refuse or exclude students from continuing to participate in the course if necessary for reasons related to the student’s personality. In addition to misconduct of any kind, in particular a lack of English skills and the failure to meet the required minimum requirements are grounds for refusal or exclusion.
10. Date shifts
If the trainer who was scheduled for a course appointment is prevented, the CodeFactory can postpone fixed course dates. In this case, the CodeFactory notifies the registered course participants immediately in writing to the e-mail address provided. It is not liable for costs incurred due to delays (such as travel, accommodation or hotel costs).
11. Login data
The CodeFactory provides each student with individual login information at the beginning of the course. Each course participant treats the given login data confidentially and keeps it safe. In case of misuse or unlawful transfer of the login data, the CodeFactory can block the account of the concerned student. The course participant is liable for damages incurred by CodeFactory as a result of the misuse or unauthorized transfer of login data to third parties.
The CodeFactory offers the students the opportunity to use a web space for private exchange also outside the courses. If the content of a student in the web space violates the CodeFactory’s usage policy, the CodeFactory is entitled to block the webspace account of the affected student. A violation of the Guidelines exists, in particular if contents violate the rights of another person or otherwise offend against the law.
Each student automatically becomes a member of the CodeFactory Alumni Club. The student can terminate his membership at any time by written notification by e-mail to firstname.lastname@example.org .
Students acknowledge that all ownership and copyright of any document and information provided by CodeFactory remains with CodeFactory and any use beyond the scope of the Course is inadmissible. In particular, course participants may not use, reproduce or distribute course lectures, examinations, the curriculum and other course materials of CodeFactory without express written consent. In addition, course participants may only make image, video and audio recordings of course lectures, examinations, the curriculum and other course materials of the CodeFactory with the express written consent.
15.Rights to created or created works
For works created or created in the context of a course, in particular programs which are protected by intellectual property rights, it is agreed that these rights are granted exclusively and in full to CodeFactory. Thus, all rights (in particular rights of use) in these works exclusively to CodeFactory. However, the course participant has the right to be named as the author of a work created and to name his authorship to third parties.
If an assignment of the rights is not possible, the course participant grants the CodeFactory an exclusive, transferable, spatially, temporally and materially unlimited right of use (including in any case all exploitation rights according to § 14 to 18a UrhG) at the respective works. This right of use includes, but is not limited to, the right to reproduce, modify, treat and (also disfigure) the respective works, to translate, publish (also via online services, Internet and Clouds of any kind) and through leasing or leasing, and to transfer or license this right of use or derived rights of use of the works to third parties. The assignment and / or granting of rights in accordance with the contract comes into force immediately upon the conclusion of the respective works. The CodeFactory hereby acknowledges this assignment and grant of rights of use to the works and work results, as the case may be.
The student expressly consents to the use and publication (in particular for promotional purposes) of photos, videos and other materials that the CodeFactory receives in courses from the students. This consent can be revoked at any time in writing by e-mail to email@example.com without giving any reason. However, any photos, videos and other materials already used and published remain unaffected by the cancellation.
The liability of CodeFactory in connection with the obligations resulting from the contractual relationship with the course participants – with the exception of personal injury – is limited to intent and gross negligence. This applies in particular to the completeness and correctness of the documents and information provided by the CodeFactory, for the achievement of the learning objectives and the positive completion of the course. The CodeFactory makes no guarantee that the students will find a relevant work after completing the course.
18. project partner
The liability of CodeFactory is limited to intent and gross negligence on the part of the project partner in connection with the obligations assumed under the respective agreement between CodeFactory and the project partner, with the exception of personal injury.
The Project Partner acknowledges that all ownership and copyright in CodeFactory Submitted Programs remains with the CodeFactory and any use beyond the purposes of the applicable Agreement between the CodeFactory and the Project Partner is inadmissible. In particular, project partners may not use, duplicate or distribute CodeFactory programs submitted without express written consent. Logos or names of the CodeFactory (in particular the logo or the designation “Code Factory”) may not be removed from intellectual property, documents or other documents without written consent.
The CodeFactory is entitled to name the cooperation with the project partner to potential customers as a reference project and to use it in any other way for advertising purposes, for example by publishing on the Internet or another medium. The project partner agrees to the free use of his logo for these purposes.
19.Data processing and transmission
The student expressly agrees that his personal data, namely name, date of birth, address and e-mail address, will be processed for the purpose of sending electronic newsletters or advertising leaflets. The student can revoke this consent at any time by e-mail to firstname.lastname@example.org without giving any reason.
20.Changes to the Terms and Conditions
The CodeFactory reserves the right to make changes to these terms and conditions by a written notice with a notice period of four weeks. Significant changes will be announced to the announced e-mail address. It is the responsibility of the student to make these announcements and familiarize themselves with the changes. If the student does not wish to accept announced changes, he has the right to terminate his existing contract in writing (by e-mail, fax or mail) within the notice period. In this case, the contractual relationship ends with the coming into effect of the changes. If the CodeFactory does not receive a written objection from the student within four weeks of notification of the change, the changes are considered accepted by the course participant.
Should any provision of these Terms be invalid or unenforceable, the ineffective or unenforceable provision shall be deemed replaced by the effective and enforceable provision that comes closest to the purpose of the original provision. The remaining part of the GTC remains unaffected and effective.