ATAIRU LEADERSHIP TV Progam Terms and Conditions
These Terms and Conditions of ATAIRU GROUP s.r.o., Business ID: 140 93 090, with registered office at Točitá 1902/36, Krč, 140 00 Prague 4, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, under file No. C 360495, form an integral part of the agreement that ATAIRU concludes with customers using the registration form located on the web address www.atairu.com/registrace-atairu-leadership-tv or individually.
ATAIRU Contact Details:
ATAIRU GROUP s.r.o.
140 00 Praha 4 – Krč
Business ID: 140 93 090
VAT ID: CZ14093090
Definition of Terms:
ATAIRU is ATAIRU GROUP s.r.o. company, Business ID: 140 93 090, with registered office at Točitá 1902/36, Krč, 140 00 Praha 4, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 360495;
Terms and Conditions are these terms and conditions;
Fee is the remuneration that the Customer is obliged to pay to ATAIRU for its services;
Program is a service provided to the Participant by ATAIRU in the form of the ATAIRU LEADERSHIP TV series, consisting of the number of audio-visual, live episodes on topics selected in advance by ATAIRU, the Make it Happen module and other interactions specified in these Terms and Conditions, all in the manner and to the extent specified in these Terms and Conditions;
Agreement is the service agreement entered into between the Customer and ATAIRU on the basis of acceptance of the registration form by ATAIRU, pursuant to which ATAIRU provides its services – the Program or related services – to the Customer;
Parties are ATAIRU and the Customer;
Participant is a natural person brought in by the Customer who is eligible to participate in the Program (for the purposes of these Terms and Conditions, any such person shall be deemed to be a Participant where there are multiple such persons, unless the context of a particular provision of these Terms and Conditions indicates otherwise in a particular case);
Website is the ATAIRU website at www.atairu.com;
Customer is a legal entity or natural person – entrepreneur who enters into an Agreement with ATAIRU for the purpose of implementing the Program for a Participant; Customer and Participant may be the same person.
1. Introductory Provisions
1.1. These ATAIRU Terms and Conditions govern the mutual rights and obligations of the Parties arising in connection with the Agreement, the subject of which is the implementation of the Program.
1.2. In the event of a conflict between the Terms and Conditions and the Agreement, the provisions set out in the Agreement shall prevail. In the event of a conflict between the Proposal and the Agreement, the provisions set out in the Agreement shall prevail.
1.3. These Terms and Conditions are written in the Czech language and are governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code. Any disputes between the Parties shall always be decided by the court of subject matter and local jurisdiction according to the registered office of ATAIRU.
1.4. ATAIRU is entitled to amend or supplement these Terms and Conditions. The change will be announced on the Website and the new version of the Terms and Conditions will be sent by ATAIRU to the Customer by email. If the Customer does not exercise the right to terminate the Agreement within 14 days, the Customer will be deemed to have accepted the new version of the Terms and Conditions. The Customer may send the notice of termination by email.
1.5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
1.6. ATAIRU processes personal data of both the Customer and the Participant. Further information on how ATAIRU processes such data is set out here (the “Personal Data Processing Information”).
2. Registration for the Program
2.1. The detailed content of the Program is set out on the Website.
2.2. Unless otherwise individually agreed between the Parties, the registration of a Participant to the Programme is only possible by means of a registration form on the Website, where the Customer expresses its interest in the participation of a number of Participants of its choice in the Program. On the basis of such expressed interest, the Customer will be sent a unique hyperlink to the web environment of the binding registration form for the Program to the email address specified in the registration form.
2.3. When the Customer fills in and submits the binding registration form, it will be sent to ATAIRU (the “Registration Form”). This moment shall be considered a proposal to conclude the Agreement made by the Customer. The Registration Form is not revocable or otherwise unilaterally cancellable by the Customer.
2.4. The Customer is obliged to check the accuracy and completeness of the information provided in the Registration Form. ATAIRU shall not be liable for any incorrect or incomplete data and shall be entitled to assume that the data is correct and up-to-date.
2.5. ATAIRU reserves the right to decide whether or not to accept the Registration Form at its sole discretion. If ATAIRU accepts the Registration Form, an acknowledgement of acceptance of the Registration Form will be sent to the Customer at the email address provided in the Registration Form, at which point the Agreement is concluded.
2.6. By submitting the Registration Form, the Customer confirms and declares, inter alia, that it has read the Information on the processing of personal data and these Terms and Conditions and undertakes to provide this information to the Program Participant to whom the Registration Form relates.
2.7. The Customer is personally entitled to participate in the Program only if it is also a Participant.
3.1. The Customer agrees to pay a Fee for the opportunity to participate in the Program. The amount of the Fee is based on the number of Participants selected by the Customer in the Registration Form according to the price bands offered, which differ in the minimum and maximum number of Participants. By submitting the Registration Form, the Customer confirms that it is aware of the Program Fee, the amount of which is stated in the Registration Form. The Fee is quoted by ATAIRU exclusive of VAT unless otherwise expressly stated. ATAIRU is a VAT payer and so VAT will be added to the Fee at the statutory rate when invoicing the Customer. The Customer agrees to pay the Fee inclusive of VAT on the terms and conditions set out in this clause of these Terms and Conditions.
3.2. In the event that there is an obvious error in the stated Fee, ATAIRU shall be entitled to withdraw from the Agreement or, if the Agreement has not yet been concluded, not to conclude it.
3.3. Upon acceptance of the Registration Form by ATAIRU, ATAIRU shall issue an invoice to the Customer for payment of the Fee and send it to the Customer at the email address specified in the Registration Form. The Fee shall be payable within 14 days of the date of the invoice being sent to the Customer; this shall not apply if the invoice is sent to the Customer 14 days or less before the commencement of the Program, in which case the Fee shall be payable on the day before the commencement of the Program. Notwithstanding the rights set out in paragraph 3.6., ATAIRU shall be entitled to deny any Customer Participant access to the Program without express notice if the Customer is in default in the payment of the Fee.
3.5. The Fee may only be paid by wire transfer to the bank account of ATAIRU specified on the invoice or to the account of ATAIRU communicated in writing for this purpose.
3.6. In the event of delay in payment of the Fee, ATAIRU shall be entitled to contractual interest on the overdue amount at the rate of 0.1% of the amount due for each day of delay by the Customer. In the event of default in payment of the Fee, ATAIRU shall also be entitled, at its option, to terminate the Agreement, thereby terminating the Participant's right to access the Program to the extent of the unpaid portion of the Fee.
3.7. In justified cases, the Customer is entitled to request ATAIRU to spread the Fee over several payments (instalments). However, there is no legal entitlement to the provision of instalments and ATAIRU shall be entitled to decide on such request at its sole discretion.
3.8. The Fee is non-refundable, irrespective of, for example, whether or not the Participant has exercised the right to access the Program or to what extent the Participant has (not) exercised this right. In justified cases, the Customer is entitled to ask ATAIRU for a refund of the pro rata amount of the Fee. However, there is no legal entitlement to a refund of any part of the Fee and ATAIRU shall be entitled to decide on such request at its sole discretion.
3.9. If ATAIRU enables the Customer to register more Participants after the conclusion of the Agreement than the number of Participants allowed by the price band requested by the Customer in the Registration Form (see paragraph 3.1), the Customer undertakes to pay the Fee in the amount of the relevant price band corresponding to the number of Participants actually registered by the Customer. The price bands are listed on the Website and the Customer confirms by submitting the Registration Form that it has read them.
4. Program Content
4.1 Within the Program, The Participant has the right to:
access a live webcast of four (4) audio-visual episodes of ATAIRU LEADERSHIP TV, broadcast on dates previously announced by ATAIRU + time-limited remote access to off-line recordings of these episodes; time-limited access to the Make it happen module (interactive workbook and tracker).
4.2. Access to off-line recordings of ATAIRU LEADERSHIP TV episodes and access to the Make it happen module is time-limited for a period of twelve (12) months from the date of the live broadcast of the last episode of ATAIRU LEADERSHIP TV.
4.3. ATAIRU reserves the right to change the dates or lecturers of the Program. ATAIRU will inform the Customer or Program Participant of such changes in a timely manner, either by email or telephone. For the avoidance of any doubt, such changes shall not entitle the Customer to withdraw from or terminate the Agreement.
4.4. The Program Participant acknowledges that during the course of the Program documentary photographs may be taken for ATAIRU's reporting needs. In the event that the Program Participant does not wish to be photographed, he/she shall indicate this to the lecturer or photographer prior to the commencement of the Program. In the case of marketing use of the photographs, the Participant will be asked for consent.
4.5. The Participant must not interfere in any way with the course of the Program by his/her behaviour, must not be under the influence of alcohol or addictive substances while participating in the Program, must behave towards other Program Participants and lecturers within the rules of common courtesy and must not damage the reputation of ATAIRU, ATAIRU partners or Program Participants.
In the event of a breach of any of the foregoing obligations by a Participant, ATIARU shall be entitled to exclude such Participant from the Program. The fee attributable to such Participant shall accrue to ATAIRU as a penalty for such breach and the Customer shall not be entitled to a refund.
4.6. All know-how, presentations and materials provided to a Participant in the Program are confidential materials including, but not limited to, trade secrets and copyrighted works. Neither the Participant nor the Customer is entitled to provide any output from the Program to third parties, to publish it or otherwise distribute it.
4.7. The Participant and the Customer are obliged to cooperate with ATAIRU, provide the necessary cooperation and communicate to ATAIRU the necessary information to the extent required for the implementation of the Program.
4.8. ATAIRU shall not be liable for any misinterpretation of information and knowledge communicated to the Participant or Customer.
5.1. All terms and conditions of the Agreement, including information and documents related thereto, shall be confidential without any need to be expressly marked as such, and neither Party shall be entitled to disclose such information in any form to third parties without the consent of the other Party, except where disclosure of such information is required by law or by competent authorities pursuant to law or where such information is already in the public domain.
5.2. In particular, ATAIRU considers confidential information all information related to the services provided; also information about the employees, clients and business partners of both Parties; descriptions of the technological processes, know-how, information about the Parties' methods of operation and their working practices; the pricing policy of the Parties, all communications and negotiations between the Parties, which records the Parties wish to keep, including negotiations and communications prior to the conclusion of the Agreement; the existence of negotiations between the Parties, the content and results of such negotiations; personal information under applicable law; specifications, plans, sketches, models, samples, data, computer programs, software or documentation in any form whether recorded in tangible form or provided orally; information subject to bank secrecy and data confidentiality under the laws of the Czech Republic; information received from a person other than the other Party if such information constitutes confidential information within the meaning of these Terms and Conditions or the Agreement, even if such person is not obliged by the Party to keep it confidential.
5.3. The foregoing obligation shall be without prejudice to the Parties' right to disclose information relating to the Agreement and any other information and documents relating thereto to their professional advisers consulted by the Parties in the conclusion and performance of this Agreement and to their employees or other contractors through whom they implement the subject matter of the Agreement, provided that they bind such persons to an obligation of confidentiality at least to the same extent as that arising from these Terms and Conditions and the Agreement and notify the other Party in writing of this fact (transmission of confidential information to a third party) at its written request within five days at the latest, together with the identification data of the third party. Any disclosure to such persons may only be made to the extent necessary to fulfil the purpose of the Agreement.
5.4. The Parties are obliged not to disclose confidential information and to prevent its unauthorised use, using sufficient technical, personnel, administrative, legal and other means and methods.
5.5. It shall not be considered a breach of the obligation of confidentiality under these Terms and Conditions if the disclosure of the information receives the written consent of the other Party or the disclosure is implied by these Terms and Conditions or the Agreement.
These Terms and Conditions are made both in the Czech and English (this) language versions. In case of any conflicts or discrepancies between the Czech and English wording, the Czech wording shall prevail.
In Prague, on 31 March, 2023