With the access to the websites of the ESA GmbH and the browsing, you agree to the following conditions. If you do not agree, you are not permitted to use these websites because our conditions of contract become an integral part of the contract through the mere utilization of the websites. ESA asks you to use this service with care.
The ESA (Education Services Agency) GmbH runs an electronic marketplace on the internet for all knowledge-connecting and consulting services. This marketplace is available for the public on well frequented internal websites and external websites of the media partners. Six categories are offered to prospective students, current students, graduates, companies and business schools as well as news and professional articles. Under the term “Business school, MBA and master programmes data base” ESA runs an advertising service where providers make their goods or services available to the public on the websites of ESA (Education Services Agency) GmbH and on external websites of the media partners. Every business that is conducted on these marketplaces is exclusively performed between providers and customers. Excluded are service offers of the ESA GmbH (e.g. Master’s theses coach, Career consulting).

 

Area of application

 

All offers and benefits as well as the publication of contents and their use are carried out exclusively under these conditions. They apply to all prospective business relations, even if they are not separately agreed upon or indicated. Furthermore they apply if one of the providers or partners refers to his own conditions, unless this modification hasn’t been agreed upon by ESA. If the costumer accepts offers and services of  the providers or partners through ESA and transacts business, he is responsible for the adherence to the general terms and conditions. In particular the costumer is committed to render an account directly with the partners.

 

Sites

 

The term “ESA” refers to ESA (Education Services Agency) GmbH, Salzburg, all affiliated companies and connected companies. The websites correspond to http://www.mba.info/ as well as all websites and offers by providers and partners, where ESA contents are displayed, including all in the texts displayed images, links, graphs and video sequences (the “media”).
Purpose of conditions
The ESA offer is available to the costumers on the ESA website and on the websites of the providers and partners. The marketplace is used for the transaction of businesses between customers and providers. ESA is authorized to object to the transaction of business. There is no obligation to strive after a transaction. Customers select from the offer of various topics and subject areas and use/book and buy/order through ESA online directly from the provider under original conditions.
The business itself is conducted directly between costumer and provider. The payment is carried out between the business partners as well. The information on prices and offers is without obligation. ESA makes its offer available to providers, partners and corporate clients (media partners, service providers, system partners) on the internet, intranet and extranet. The service is marked by a “powered by (Logo) mba.info”. The information of ESA is integrated into a legal framework concerning administrative law, media law, competition law, trademarks rights, copyright law and other legal aspects.

 

Protection of data privacy

 

ESA collects, saves and uses the data and personal information necessary for the contractual relationship in accordance with the data privacy law. Costumers/providers/partners register for ESA through a registration process and they receive access codes. The collected master data is saved in the central ESA data base. The data can be accessed and changed at any time with the respective user name and password. The data of the providers or partners collected through registration is a property of ESA and is used exclusively for the purpose of ESA. It is given to the providers/partners only for personal use. Any circulation of personal data to a third party is strictly prohibited. Personal data of costumers of  the providers/partners transmitted to the ESA-server remains property of the respective provider/partner. He is responsible for the data protection concerning the use and he authorizes the staff of ESA to use the data for the purpose of service, hotline support and other necessary system reasons. The data can be used solely for the purpose of ESA and mustn’t be made accessible to a third party. ESA makes the necessary data for the transaction of the business available for the providers/partners and informs them about legal and organisational changes, about service benefits (e.g. special offers) and, if agreed, sends newsletters or other types of e-commercials. ESA provides information through its own website or through the websites of its providers and partners. Because of the registration of address data and the confirmation via e-mail the IP-address, port and date are saved as well. These data is only consulted in case of a lawsuit because of illegitimate storage or use of address data (SPAM). Prospective students, current students, graduates, business schools, and companies are committed to give full and true particulars.

 

Data security, online-transferences

 

Providers, partners and costumers accept that the confidentiality of data cannot be guaranteed concerning the sending of documents, messages or files through the internet. The data transmission is carried out without engagement of ESA. The servers of ESA are regularly backed up. In case of data loss the respective data is retransmitted to the ESA servers by the providers/partners free of charge. If necessary the costumer makes his data available again. Providers, partners and costumers indemnify ESA from all third party claims concerning the data.

 

Concession of copyright law and right of use

 

The central data base and the corresponding software, design and know-how is protected by trademarks and further intellectual property rights and own domains. Providers, partners and costumers acknowledge the protection of the several parts of this service package and it is established that these rights remain with ESA. The provider/partner obtains the non exclusive, personal and factual right to use the media of ESA through an accessible server on the internet to the extent provided in the contract. This right is non-transferable and restricted to the party that entered into a contract with ESA.

 

The provider/partner is not entitled to assignment/concession of the right of use. Without former written authorization it is prohibited to download, copy, change, reproduce, publish, rearrange the full information or parts of it (texts, images etc.) of the ESA websites as well as transfer it to another data medium or use it in any other illegal manner. The downloading, saving and printing of files is allowed, however solely for personal use. The circulation of data is prohibited as well as the commercial reproduction. The involved law of property is not assignable, available for letting or loanable. It is allowed to make copies for personal use if no memoranda concerning copyright law, trademark or other protected rights are erased or changed and under the condition that no changes are made to their presentation. Changes or any other utilizations except the ones stated above are violations of the copyright law of ESA.

 

Trademark

 

The mba.info logo is a brand name of ESA (Education Services Agency) GmbH, Salzburg. The brand names, service brands and logos (the “trademarks”) of the ESA websites are registered and unregistered trademarks of ESA. It is not understood from the websites that a license or other right is issued that permits the utilization of the trademarks. ESA reserves the right to proceed against any violations concerning the right of property.

 

Responsibility for the content of the sites, indemnity of ESA

 

ESA is not responsible for the correctness and reliability of the information, content and announcements on http://www.mba.info/, provider or partner websites and information connected through hyperlinks (hereinafter referred to as services). This refers to all information and offers, services and goods (e.g. books) which are used, booked or purchased by the costumers due to an ESA offer or which are visible to them on the ESA website or distributed by ESA. Providers/partners are responsible for the content of their websites concerning press, copyright, competition, trademark and partner law. They are liable for the accuracy of the data and information gathered by ESA and visible for a third party. Furthermore they are liable for content that is critical concerning competition and press law, criminally relevant and/or anti-competitive or contains pornographic content and utterances of extreme political parties, religious or ideological groups. In addition they are liable for content that violates copyright, trademark or personality law or any other rights of a third party. The costumer herewith assures that all information is used at one’s own risk and dispenses ESA from all claims concerning mistakes or delays of the delivery of contents. ESA reserves the right to modify, correct or extend the services and information without prior notice.

 

Responsibility for the content of the information and offers

 

ESA is not responsible for the content of the information and offers and pricing of the providers and partners. ESA does not carry responsibility for the performance of the published offers as wells as for their legitimacy, decency or the performance of the copyright regulations concerning the publishes contents of the offers. ESA is not liable for damage that results from the utilization of the directories of ESA. The figures are entered online autonomously by the several providers and partners or through a data transfer and is stored in the data base. In case of transmission errors the respective provider or partner is responsible. ESA is not liable for the correctness of the statements.

 

Exclusion of warrantee

 

Service, information and the connected record keeping is made available for utilization. However ESA explicitly excludes any warrantee, whether it is explicit or not, including but not restricted to the warrantee of suitability for a certain purpose or the inexistence of an infringement. Costumer, provider and partner note that the whole risk that results from the utilization of the service and information remains with them.

 

Limitation of liability

 

ESA cannot be held responsible for any implied or accidental damage or consequential damage (including but not limited to lost profit, interruption of operation, loss of business information or any kind of other financial losses), which result from the utilization or impossibility to use the service and information, even if ESA pointed out the possibility of such damage. Due to the fact that some states/jurisdictions do not allow the exclusion or restriction of liability concerning consequential or accidental damage, the above stated regulation may not apply to them. ESA states explicitly that the costumer, provider und partner may encounter repulsive or inappropriate content. ESA tries hard to cut out such content. ESA does not give any assurance concerning the marketability of the information and offers or its suitability for a certain purpose and cannot be held responsible for the correctness concerning or the fact that discovered mistakes are not corrected.
Furthermore ESA does not safeguard that the websites, offers and the media are free from any viruses or other harmful codes, programmes or macros. ESA can only be held responsible for immediate and indirect damage resulting from the utilization of mba.info or the fact that the websites, catalogues, offers or media cannot be activated in case of gross negligence or deliberate action. The liability for slight fault is excluded. References to a hypertext-link, a product or a service contained in the websites, offers and/or media cannot be understood as recommendations. ESA is not responsible for the availability or the content of the indicated extern websites and offers. ESA is neither sponsor, promoter, publisher nor partner of such websites and offers.

 

Modification of the general terms and conditions

 

ESA is authorized to modify and adjust the general terms and conditions. A modification of the general terms and conditions takes place by indicating the version number and date at the beginning and conclusion of the terms and conditions. The provider, partner and registered costumer are informed about the modified terms and conditions prior to their entry into force and they have the possibility to object to the modified regulations within a period of two weeks. Otherwise the modified conditions qualifies as accepted. The right of the termination of contract exists in case of objection.

 

Legal domicile

 

Legal domicile for all controversies concerning conditions and contracts is the city of Salzburg. ESA is also authorized to claim at the court responsible for the providers/partners or costumers.

 

 

Applicable law

 

This website is controlled and operated by ESA or its representatives. ESA does not give any assurance concerning the eligibility of the media for the utilization in other locations. Access to the websites from locations outside of Austria takes place at one’s own risk. Providers, partners as well as costumers are responsible for the adherence to the local laws. The websites’ server is located in Germany, however the information that is transmitted through the website is subject to Austrian law.
The law of the Republic of Austria applies to all legal relationships that result from the conditions and contracts with ESA.

 

Additional agreements

 

No (verbal)agreements concerning the utilization of the websites, the offers and the browsing have been made beyond these conditions. Modifications or amendment statements are subject to written permission. That applies also to an agreement that involves the modification of this clause.

 

Severability clause

 

The invalidity of several conditions does not affect the efficiency of the contract. An ineffective clause has to be displaced by an additional interpretation, if possible by a regulation that comes close to the economic purpose of the ineffective regulation. The same applies to the presence of a shortcoming.

 

General terms and conditions Version 1.0 valid after 1st April 2008

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