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Written by ines@tulkulobsang.org

Category: Legal

Published: 23 Mar 2020

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Written by Harald Leithner

Category: Legal

Published: 03 May 2013

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Information on exercising your right of withdrawal

Right of Withdrawal

You are entitled to withdraw from this Contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria, Phone: +43 1 212 7000, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.) by means of an unambiguous declaration (e.g. in a letter sent by normal mail or e-mail) about your decision to withdraw from the contract. You can use the attached sample withdrawal form; but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification regarding your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of the withdrawal

When you withdraw from the contract, we shall repay to you promptly, or at the latest within fourteen days as of the day we received your notification on your withdrawal from the contract, all payments we have received from you, including original delivery costs (with the exception of any additional costs resulting from the fact you picked a different mode of delivery than the cheapest standard delivery offered by us). We shall use the same payment method that was used by you in the original transaction, unless expressly agreed upon otherwise with you; no fees will be charged to you for the refunding.

If you have requested that the services should start during the withdrawal period, you have to pay us a reasonable amount, which is the proportion of the services already rendered up to the point in time when you inform us of the exercise of the right of withdrawal with regard to the total scope of the services provided in the contract.

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Written by Jose Torices

Category: Legal

Published: 09 Apr 2018

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CERTIFIED TEACHER AGREEMENT

Between

Nangten Menlang International (NMI)

and

The certified teacher of Tulku Lobsang Rinpoche’s Method (certified teacher)

I. Introduction

NMI is very happy that you have decided to spread the precious methods of Tulku Lobsang Rinpoche’s lineage by becoming a certified teacher. Tulku Lobsang Rinpoche has invested great effort to create an education system that gives teachers the opportunity to share these methods with the world while also respecting and preserving the quality and lineage of the methods.

In order to preserve the authenticity and high-quality instruction of Tulku Lobsang Rinpoche’s methods, it is necessary to clearly define in this Agreement the different rules applicable to certified teachers and to NMI.

The goal of this Agreement is to help teachers understand what it means to be a certified teacher of a Tulku Lobsang "Method," and what are the rights and responsibilities of the certified teachers and of NMI.

II. Your Benefits

Certified teachers receive four main benefits to help them succeed:

1. An official certificate confirming your certification, and permission to teach the specified Methods.

2. Access to and permission to use the Licensed Material of NMI, including logos, advertising materials, teaching handouts, and certain images and graphics.

3. The possibility to promote yourself on NMI’s Method website, where interested people can search for certified teachers.

4. Ongoing support, information, and updates.

III. Validity

To help certified teachers maintain their best quality in the Methods and to stay updated on any changes, the teacher certification needs to be renewed. Teachers need to renew 2 years after the first certification, and then again every 4 years after each renewal. For renewal, certified teachers must pass the renewal exam given at a Teacher Certification Renewal event.

In certain circumstances, NMI may be able to give an extension of the renewal date. To request an extension, simply email the NMI Education Administration at This email address is being protected from spambots. You need JavaScript enabled to view it. before the current certification expires. The email should include the reason why the teacher is requesting the renewal extension. NMI will do its best to respond quickly to extension requests.

As the program evolves, it is possible that the renewal requirements can change from time to time. Changes might be necessary for many reasons, such as to provide a better opportunity to receive teaching with Tulku Lobsang Rinpoche, or to improve the examination process. NMI will inform the certified teachers about any changes as soon as possible.

Certified teachers can also choose to go on "Inactive" status if they cannot make a renewal after being given an extension, or if they simply want to take a break from teaching. "Inactive" status means that you are not allowed to teach the Method during that time, but you keep your certification. If an Inactive teacher later wants to teach again, he or she can return to "Active" status after meeting certain conditions. The conditions will depend on how long the teacher stayed inactive and will be explained when the certified teacher emails the NMI Education Administration requesting to return to Active status.

In serious cases or after a first notice, NMI has the right to cancel the validity of the teacher certification if the certified teacher does not respect the present Agreement and NMI’s policies. Policies might change from time to time, but NMI will give the certified teachers sufficient written notice of changes and time to adapt.

IV. Teaching Policies

In order to preserve the authentic nature of the Methods and to honor the integrity of Tulku Lobsang Rinpoche and his lineage, the following policies apply to all certified teachers when they teach:

1. It is ok to teach a Method of Tulku Lobsang Rinpoche as long as the teacher certification is valid for that Method and the teacher is not "Inactive".

2. The manner and location of teaching chosen by the certified teacher should respect Tulku Lobsang’s Method and lineage. It is not allowed to teach in a way that goes against the values promoted by Rinpoche or Tibetan Buddhism.

3. It is not ok to change any movements of the Method, or to mix them with other techniques, or to incorporate them as part of other techniques. This means that when teaching the Method (or any part of it), it must be promoted and taught as a completely separate class.

a. For example, the Method can be taught back-to-back with other classes or techniques offered at the teacher's studio. It can also be included as one class segment in a longer workshop where other techniques are also taught. But in these cases, the Method must be separately identified in the class name and advertisements, and must be taught independently from the other techniques.

b. For example, certified teachers could offer a workshop called "Lu Jong 5 Elements and Pilates", in which they first teach the Lu Jong 5 Elements as a complete segment, and when finished, teach the Pilates as a separate segment.

c. They must not teach a class called "Lu Jong Pilates" in which they mix or integrate some Lu Jong movements and some Pilates movements together. They also must not offer a class that is called only "Pilates" but then teach the 5 Elements. So if a teacher is teaching the Method as part of the class, then the Method must be in the class name.

4. The manner of teaching and advertising classes should respect the trademarks, copyrights and other property of NMI and Tulku Lobsang Rinpoche.

5. Co-Teaching: Certified teachers can let a student who is currently enrolled in an Education for the Method assist the teacher in a class. They would be considered "student teachers". It is also ok to have non-student "guest teachers" join in teaching a class as long as they are not teaching the Method, but teaching something else. For example, a guest teacher can be a physiotherapist invited to explain what the muscles are doing from a western medicine perspective.

6. Please represent Tulku Lobsang, NMI, and the Methods in a respectful manner. Do not denigrate or harm the good reputation of Tulku Lobsang Rinpoche, the Methods, NMI, its employees or services, which harm will be determined by NMI in its sole discretion.

V. Licensed Material Policies

In order to help teachers promote and support their teachings, NMI has created some “Licensed Material” that certified teachers can use to advertise and promote their classes. The license provided to the certified teachers is limited and is not transferable.

The content of the Licensed Material is owned entirely by NMI and can be changed at any time. The Licensed Material includes selected logos, images or drawings, Method promotional materials, official texts, and official teaching materials including manuals and handouts. The current Licensed Material, excluding the Teacher's Manual, is available to certified teachers to download from the NMI website.

The Licensed Material does not include the NMI logo or name, or any non-licensed materials (unless special written permission is given by NMI).

Important note: the Licensed Material changes from time to time. Sometimes NMI removes images or updates texts. When this happens, NMI will inform the certified teachers, and request that they stop using any of the discontinued materials.

In order to preserve the goodwill and reputation of Tulku Lobsang Rinpoche and the Methods, the following rules apply to using the Licensed Material:

1. Use the Licensed Material to advertise and promote yourself as a certified teacher of the Method, and for teaching the Method.

2. It is ok to put the Licensed Material, (excluding the manuals and handouts), wherever the teacher wants, except not on merchandise. This means teachers can put the licensed logos and images on a website, in print advertisements, or on social media, as long as they don't make any changes to the Licensed Material. In the past, we limited the locations of where teachers could put the logos on their websites, but we have now relaxed that rule.

3. Images/drawings: use anywhere you want, except not on merchandise.

4. Official Method flyer/postcard and official texts: please use them as provided.

5. Teaching Materials, such as manuals and handouts can only be used for teaching the Method. Please do not make, share, or publish copies of the manual.

6. The following uses of the Licensed Material are not permitted:

a. It is not ok to use the Licensed Material, or any part of it, on any merchandise or products for selling, advertising, or giving away for free.
For example, the licensed logos and trademarks cannot be used on t-shirts, books, bags, water bottles, or yoga mats.

b. Do not put any part of the Licensed Material on personal clothing and then wear that clothing in any advertisements or videos. However, any clothing sold officially by NMI that already has a Method logo on it is ok to wear.

c. Teachers should not change the Licensed Material in any way, or try to copy the logos or trademark names, or include any part of them into their own design or logo. For example, do not create a name for yourself called "Jane's Tog Chöd". For more information about the proper ways to use the Licensed Material, please visit our FAQ page at www.tulkulobsang.org.

d. Please do not use any old versions of the Method logos that are not part of the current Licensed Material.

e. Teachers should not use the Licensed Material in any way that may harm or negatively affect the reputation of Tulku Lobsang Rinpoche, NMI, or any Method.

7. When using the Licensed Material, please identify it as licensed by NMI. For example:

a. When using only the Licensed Images, include this copyright notice: “(The Tulku Lobsang image, drawing, calligraphy, ...) is a licensed copyright of Nangten Menlang International." This statement is not required if the image already includes a copyright notice, such as: ©2017 Nangten Menlang International.

b. When using only the Logos or the Method name, include this notice: "The (Method) logo (or name) is a licensed trademark of Nangten Menlang International."

c. When using both types (images and logos), you can combine the statements into one: "(The Tulku Lobsang image, drawing, calligraphy, . . .) and the (Method) logo are licensed copyrights and/or trademarks of Nangten Menlang International."

VI. Certified Teacher legal status and responsibility

This Agreement regulates the certification as a teacher of one or more Tulku Lobsang Methods.
This Agreement does not create a partnership, joint venture, agency, or employment relationship between the certified teacher and NMI. The certified teachers' classes and all related activities are their own responsibility and are organized completely independently of NMI and Tulku Lobsang Rinpoche. Neither NMI nor Tulku Lobsang Rinpoche has any responsibility with respect to the classes or teaching activities of the certified teachers. NMI and its officers, directors, employees, agents, volunteers, assignees, and affiliates are therefore not liable for any damages, losses, injuries, judgments, awards, and attorneys’ fees and expenses arising out of or relating to any of the certified teacher’s classes in the Methods or any other actions by the certified teacher. NMI recommends that the certified teacher purchase professional insurance for their activities as a certified teacher.

VII. Terminating the teacher certification

The certified teachers have the right to terminate this Agreement and to end their certification at any time. To do so, the teacher must simply send a written notice (by email or post) to the NMI Education Administration office expressing the wish to terminate the certification and to stop being a certified teacher.

NMI also has the right to terminate this Agreement and a teacher certification at any time, for any of the following reasons:

1. The teacher's certification is no longer valid because it was not renewed on time and no extension was granted by NMI; or

2. In serious cases or after a written warning, if the certified teacher does not respect or follow this Agreement or NMI’s policies, including changes to those policies about which the teacher has been informed.

VIII. After termination

When this Agreement and the teacher certification are terminated, he or she has no further permission to teach the Methods. In that case, the certified teacher agrees to immediately:

1. Stop all teaching activities relating to the Methods; and

2. Stop using and return or delete all Licensed Material and remove or delete all teaching advertisements relating to the Methods.

IX. Jurisdiction

This Agreement is governed exclusively by Austrian law, without reference to national standards or conflicts of law. This Agreement shall be deemed entered into in Vienna, Austria 1010 and courts in Vienna, Austria 1010 shall have exclusive jurisdiction to hear any disputes relating to this contract. In the event of any dispute arising out of or relating to this Agreement both parties voluntarily submit to the personal jurisdiction of the Courts of Vienna, Austria and waive any other jurisdiction to which they may have the right to bring the dispute.

X. Certified Methods

Subject to the terms of this Agreement, the undersigned individual is certified to teach any Methods for which the teacher has a valid Teacher Certificate from NMI according to NMI's official records. (Note: The Teacher Certificate may be issued after the teacher signs this Agreement, in which case this Agreement is not effective until the Certificate is issued.)

If the teacher's records are different from NMI's official records, NMI will make a reasonable effort to resolve the conflict, but NMI's official records are presumed to be correct.

XI. Signature

This Agreement begins once it is signed by both parties and once the Certified Teacher has received a valid Teacher Certificate from NMI in the applicable Method. This Agreement can be signed in counterparts, and digital copies are accepted as originals. By signing, you confirm that you are authorized to enter into this Agreement and that you agree to its terms.

NANGTEN MENLANG INTERNATIONAL

____________________________________________
Address: Nangten Menlang International
Grosse Pfarrgasse 3 / 3
1020 Vienna
Austria
Attn: NMI Education Administration
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Details

Written by Jose Torices

Category: Legal

Published: 21 Dec 2013

Hits: 44657

for Nangten Menlang International
Große Pfarrgasse 3/3
1020 Vienna, Austria
Tel: +43 1 212 7000

(hereinafter also “NMI”)

Many thanks for your interest in our association. NMI greatly values the satisfaction of its members and clients, which is why these General Terms and Event Conditions (hereinafter also GTC) lay out the rights and obligations of members and clients.

On the website “www.tulkulobsang.org”, NMI offers various events (hereinafter “event” or “events”), training programs and teacher certification programs (hereinafter “programs”), extraordinary membership (hereinafter “membership”), as well as online events or courses and online products (hereinafter “digital content”). The following GTC apply for all contracts that NMI concludes with its clients (hereinafter “contractual partners”).

For the sake of readability, these GTC will exclusively use masculine pronouns, but we explicitly point out that they of course refer equally to both genders.

1 Subject and scope

1.1 Without prejudice to section 1.3, the following provisions exclusively apply for the events and programs as well as the membership and digital content offered by NMI. The current version of these GTC can be viewed and downloaded at all times under www.tulkulobsang.org. Provisions of the contractual partner, or provisions that deviate from these GTC, are excluded for contracts between NMI and the contractual partner.

1.2 General terms and conditions of the contractual partner do not apply.

1.3 The following provisions do not apply for events, programs or digital content offered at www.tulkulobsang.org for which NMI is not the organizer or provider. In this case, the contract arises exclusively between the organizer named at www.tulkulobsang.org for that event or program, or the provider named at www.tulkulobsang.org for that digital content, and the contractual partner.

2 Conclusion of the contract and prices

2.1 The events and programs offered by NMI under www.tulkulobsang.org, the offered membership and the offered digital content are a non-binding solicitation by NMI to the contractual partner to make a binding offer for the offered events, programs, membership or digital content. By ordering (clicking on the button “confirm booking” or “pay now”), the contractual partner makes such a binding offer. A booking by telephone or e-mail or a purchase intention expressed by phone or e-mail also represents such a binding offer. A contract between the contractual partner and NMI is only concluded when NMI has accepted the offer of the contractual partner in a separate written confirmation.

2.2 Before the contractual partner makes his binding offer, the total costs are displayed on the website. Unless stated otherwise, the total costs for events do not include the costs for travel, accommodation and meals.

2.3 Unless stated otherwise, all payments are due in full within five days from receipt of the payment request. NMI reserves the right, but does not have the obligation, to cancel the booking of an event or program, or to withdraw from the contract of the sale of a membership or digital content, should the contractual partner fail to pay the total or partial amount due for the booking or purchase by the specified due date. In the event of such a cancellation of an event or program booking on the part of NMI, cancellation fees as listed in section 4.1 of these GTC apply. Alternatively, NMI reserves the right to request the corresponding total amount in spite of the contractual partner's non-participation in a booked event or in a booked program. NMI also reserves the right to request the corresponding total amount in spite of not using the advantages of a membership or in spite of not consuming the purchased digital content.

2.4 Payment is only considered to have been made following the irrevocable crediting on NMI’s account. In the event of late payment, interest on arrears of 4% per annum is agreed. NMI may demand dunning fees of € 10 per dun. NMI is entitled to claim damages suffered by NMI and caused by the contractual partner, in particular the necessary costs for appropriate extra-judicial dunning or collection measures, provided that these stand in a reasonable proportion to the claim pursued. Late payments are first discounted from the dunning fees, then from the interest, and then from the outstanding capital.

An offsetting of alleged counterclaims of the contractual partner against claims of NMI is excluded.

3 Damages and guarantee

3.1 Unless otherwise provided for in section 2.4, the respective contractual partner is liable for damages resulting from culpable breach of the contract by the contractual partner or one of his agents, but only in the case of wilful intent or gross negligence. This does not apply to personal damage.

4 Right to withdraw from events

4.1 The contractual partner in general has no right to withdraw from contracts regarding events, as these are services related to leisure activities that NMI must fulfil at a specific point in time. However, NMI grants the contractual partner a right to cancel an event booking according to the respective seminar-specific Special Cancellation Conditions as stated at www.tulkulobsang.org for each event. Where no seminar-specific Special Cancellation Conditions are specified, the following conditions apply:

In the event of a cancellation, the contractual partner will be charged a cancellation fee, to be specified in detail below. Should the total event price, consisting of the teaching fee and possibly also costs for accommodation and/or meals, have already been paid in full or in part prior to cancellation, the payment will be returned with the cancellation fee deducted.

If the cancellation is received 120 days or more before the (first) event date: no cancellation fee.

If the cancellation is received less than 120 days but more than 29 days before the (first) event date: 15% of the total event price.

If the cancellation is received less than 30 days but more than 6 days before the (first) event date: 50% of the total event price.

If the cancellation is received less than 7 days before the (first) event date: 100% of the total event price.

4.2 The contractual partner may exercise his right to cancel through an informal letter to Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria or by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

4.3 NMI reserves the right to withdraw from contracts governing participation in an event without providing justification.

4.3.1 If the event booked by the contractual partner takes place but NMI withdraws from the contract for the event participation of the contractual partner (in other words, cancel the contractual partner's registration for this event), NMI will return all payments made by the contractual partner toward the event’s total price without undue delay. Repayment of travel expenses or other expenses incurred by the contractual partner in connection with the event is fully excluded.

4.3.2 Should the entire event booked by the contractual partner be cancelled, regardless of the reason, the following conditions apply:

If the contractual partner has already paid all or part of the total amount for the event,
this will be reimbursed minus the cancellation fee charged to NMI by the event accommodation company for each booked participant. However, if this cancellation fee is higher than the partial payment already made by the contractual partner, he will be charged the difference.

If the contractual partner has not yet made a payment for the booked event, he will be charged the cancellation fee charged to NMI by the event accommodation company for each booked participant.

Repayment of travel expenses or other expenses incurred by the contractual partner in connection with the event is fully excluded.

5 Event conditions

5.1 The contractual partner is strictly forbidden from making recordings of events. All video and/or audio recordings on any medium are therefore prohibited without the written authorisation of NMI. For this reason, NMI is also entitled to exclude a contractual partner who violates this ban from the event without compensation.

5.2 The teaching contents transmitted in the course of an event, and all documents that the contractual partner receives as part of the event, are protected by copyright law. The contractual partner is granted the right to use the teachings and any documentation exclusively for private purposes. The contractual partner is therefore forbidden from duplicating the documentation in whole or in part, distributing it, publishing it or transmitting it, and from publicly presenting, showing or teaching the teachings or parts thereof, in particular the methods, practices and techniques taught by Tulku Lobsang Rinpoche.

5.3 Participation in an event is generally not allowed for people under 18 years of age. However, a request in this regard may be made by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. Should an event be made accessible to minors in individual cases, a written authorization to participate signed by a legal guardian is required.

5.4 The events offered by NMI are physically and mentally demanding. The contractual partner participates in the event at his own risk and declares that he is in a suitable physical and mental condition to participate in the event. If a particular exercise or an entire event exceeds the mental and/or physical abilities of the contractual partner, it is the individual responsibility of the contractual partner to discontinue their participation in the exercise or event. Should the contractual partner violate this obligation, NMI’s liability is completely excluded. Reimbursement of participation costs is excluded in this case.

5.5 The contractual partner authorises NMI to make photographs, video recordings and audio recordings (“recordings”) of him during the event. The contractual partner further authorizes NMI to use, publish and process all recordings at its own discretion for teaching and marketing purposes, in particular on NMI’s websites and social media channels. The contractual partner agrees that NMI owns all rights of all kinds to the recordings, rights which he cedes to NMI without compensation, and that the contractual partner can no longer enforce any claims regarding them.

6 Membership conditions

6.1 NMI offers a membership on the website www.tulkulobsang.org. Through membership, the contractual partner becomes an extraordinary member of NMI (“Membership – Friends of Nangten Menlang”), without voting or other rights related to NMI’s operations. This extraordinary membership only includes the right to receive those benefits listed in the description at www.tulkulobsang.org under the section Membership (“Friends of Nangten Menlang”).

6.2 Membership begins when NMI confirms receipt of payment. The membership ends automatically on 31 December of the respective year without requiring separate termination, regardless of when in that year the membership contract was concluded.

6.3 NMI reserves the right to withdraw from membership contracts at any time without providing a reason. In such a case, NMI will return any payments made for the membership in that calendar year by the contractual partner without undue delay.

6.4 The contractual partner is entitled to withdraw from the membership contract within fourteen days from the conclusion of the contract without providing a reason. To exercise this right of withdrawal, the contractual partner must inform NMI of his decision to withdraw from the contract through an unambiguous written declaration. The declaration must be in the form of a letter to Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria, or in the form of an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

7 Digital content

7.1 NMI offers two different formats of digital content for purchase on its website www.tulkulobsang.org: on the one hand online events or courses (hereinafter: “online events”) and on the other hand online products. Online events are events that are not held in a physical location, but rather live via an online platform. Online products are digital files (video or audio files and any digital teaching materials) that are accessible online via NMI’s website www.tulkulobsang.org after purchase. It is not possible to download the video or audio files.

7.2 All digital content, as well as the teachings transmitted through it, are protected by copyright. The contractual partner is granted the right to use the digital content exclusively for private purposes. The contractual partner is therefore forbidden from duplicating the digital content in whole or in part, recording it, distributing it, publishing it or passing it on, and from publicly presenting, showing or teaching the teachings or parts thereof, in particular the methods, practices and techniques taught by Tulku Lobsang Rinpoche.

7.3 The teachings transmitted in the digital content are physically and mentally demanding. The contractual partner consumes the digital content at his own risk and conducts the exercises shown at his own risk, and he declares that he is in a suitable physical and mental condition to do so. If a particular exercise or the entirety of a digital content exceeds the mental and/or physical abilities of the contractual partner, it is the individual responsibility of the contractual partner to discontinue his participation in the exercise or his consumption of this digital content. Should the contractual partner violate this obligation, NMI’s liability is completely excluded. Repayment of costs paid to NMI is excluded in such a case.

7.4 The contractual partner has the right to withdraw from a contract regarding the purchase of digital content within fourteen days without providing a reason (Right of Withdrawal). To exercise this right of withdrawal, the contractual partner must inform NMI of his decision to withdraw from the contract through an unambiguous written declaration. The declaration must be in the form of a letter to Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria, or in the form of an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

The contractual partner loses this right of withdrawal if execution of the contract begins before the end of the withdrawal period in the form of granting the contractual partner access to the digital content.

7.5 The purchase of digital content is generally not allowed for people under 18 years of age. However, a request in this regard may be made by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. Should the purchase of a digital content be permitted to minors in individual cases, a written authorization signed by a legal guardian is required.

7.6 The contractual partner authorises NMI to make video, audio and screen recordings (“recordings”) of him during the online event. The contractual partner further authorizes NMI to use, publish and process all recordings at its own discretion for teaching and marketing purposes, in particular on NMI’s websites and social media channels. The contractual partner agrees that NMI owns all rights of all kinds to the recordings, rights which he cedes to NMI without compensation, and that the contractual partner can no longer enforce any claims regarding them.

8 Program conditions

8.1 NMI offers the participation in training programs and teacher certification programs (“programs”) on the website www.tulkulobsang.org. Note: NMI is not the contractual partner for the training courses and teacher training courses associated with the programs. These are carried out separately by certified trainers and are not subject to these terms and conditions.

8.2 The contractual partner has the right to withdraw from the contract for the program participation within fourteen days without providing a reason (Right of Withdrawal). To exercise this right of withdrawal, the contractual partner must inform NMI of his decision to withdraw from the contract through an unambiguous written declaration. The declaration must be in the form of a letter to Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria, or in the form of an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

The contractual partner loses this right of withdrawal if execution of the contract begins before the end of the withdrawal period, either in the form of granting the contractual partner access to the program material or by starting the training courses or teacher training courses of a certified trainer associated with the program.

8.3 NMI reserves the right to withdraw from contracts for the program participation at any time without providing a reason. In such a case, NMI will return any payments made for the program participation by the contractual partner without undue delay.

9 Liability

9.1 The contractual partner waives all claims against NMI and releases NMI of all liability for damages, provided that these are not based on wilful intent or gross negligence. The contractual partner also releases NMI from all liability for accidents caused by non-observance of the instructions or by false statements regarding his physical condition. The contractual partner further releases NMI from all liability for damages caused by third parties to his valuables and/or for injury caused by other participants.

The events, programs and digital content are not a medical consultation and do not serve the purpose of replacing a medical examination and/or treatment.

10 Court of jurisdiction and place of performance

10.1 Austrian law exclusively applies to disputes arising from this contract. The applicability of the UN Convention on Contracts for the International Sale of Goods, the conflict of laws rules of international private law, and EC Regulation No. 593/2008 of the European Parliament and the Council dated 17 June 2008 on contractual obligations (Rome I Regulation) is excluded.

10.2 Insofar as legally permissible, the court of jurisdiction for legal disputes arising from this contract is the competent court of Vienna, Austria. The place of performance is Vienna.

11 Final provisions

11.1 NMI is listed with the alternative dispute settlement authorities “Online-Streitbeilegung” (https://webgate.ec.europa.eu/odr) and “Internetombudsmann” (www.ombudsmann.at). If the contractual partner is a consumer, he can avail himself of an out-of-court dispute settlement through an impartial settlement service at one of these platforms. NMI’s e-mail address is: This email address is being protected from spambots. You need JavaScript enabled to view it.

11.2 Changes or additions to these GTC require the written form to be valid. This also applies to any waiver of the requirement of the written form.

11.3 Should one or several provisions of these GTC be invalid, the remaining provisions and the contracts they are based on remain unaffected. The parties are obligated to replace the invalid provision by a provision that comes closest to its meaning and purpose.

Details

Written by Harald Leithner

Category: Legal

Published: 03 May 2013

Hits: 142985

1 General

1.1 Nangten Menlang International, Grosse Pfarrgasse 3/3, 1020 Vienna, Austria (hereafter: NMI), is a non-profit association which, among others, operates the websites www.tulkulobsang.org and www.lujong.org. For this purpose, NMI stores and processes your personal data exclusively in accordance with the applicable provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

1.2 For better readability, only the masculine form is used in this Privacy Policy, but we would like to expressly state that both genders are of course meant equally.

2 Stored Data

2.1 NMI stores and processes the following personal data:

2.1.1 Server log files: In order to optimise the usage of the websites with regards to system performance and user-friendliness for the user as well as to supply helpful information regarding the offers from NMI, the provider of the websites automatically collects and stores information in so-called “server log files” which the user’s browser automatically transmits to NMI. This includes the following: internet protocol address (IP address), browser, language settings, operating system, referrer URL, the internet service provider used as well as the date and time of day. These data are not linked with personal data sources. In the case of concrete indications of illegal usage, NMI expressly reserves the right to subsequently examine these data.

2.1.2 www.tulkulobsang.org: NMI collects personal data which the user enters when registering or managing his account as well as when booking an event, a program or when purchasing an extraordinary membership or a digital content (e.g. name, address data, e-mail address, phone number, password). In addition, in the case of bookings or purchases, NMI collects certain personal data from external sources such as anonymised credit card information (transaction ID). NMI processes these data in order to process and bill the booking or purchase and to carry out the booked or purchased service. In the event that the booked event is not organised by NMI itself, the data for the processing of the booking, billing or event organisation will be transmitted by NMI to the event organiser and its assistants. In the event that the place of service provision is in a third country (e.g. USA, Brazil), it is necessary for the performance of the contract that the transmitted data is transmitted to the organiser in the third country. All booked events and programs as well as purchased memberships and digital content are stored together with the account. In case that participation in an event or program or the purchase of a membership or digital content is a pre-requisite for booking other events or programs or for purchasing other memberships or digital content, NMI will verify these requirements based upon the data stored with the account. Without disclosing this data, it is not possible to create an account or make a booking or purchase. Generally, these data will be stored until the account is deleted. Excepted from this are data which are required for the fulfilment of statutory obligations and in order to ward off any liability claims.

NMI also collects personal data that is entered when registering as a volunteer, such as name, telephone number and address data. NMI processes these data to coordinate voluntary activities. Generally, these data will be stored until a corresponding deletion request is made. Excepted from this are data which are required for the fulfilment of statutory obligations and in order to ward off any liability claims.

2.1.3 www.lujong.org: NMI collects the personal data which the user enters when registering or managing his account (e.g. name, address data, e-mail address, newsletter settings, password, personal customer number, web address of the user, profile information and profile picture of the user). NMI processes, checks and stores these data to ensure that only teachers certified by NMI in the course of its teacher certification programs with active, valid certification are listed on the website and that no profile content is published that violates the NMI website Terms of Use. The user's public profile information can be seen by anyone, including someone who does not have a user account. These data are stored until the account is deleted. Excepted from this are data which are required for the fulfilment of statutory obligations and in order to ward off any liability claims. Without disclosing the following data – name, address data, e-mail address, password, personal customer number, profile picture - it is not possible to create an account and subsequently list as a teacher on the website.

2.1.4 Newsletter
NMI offers a newsletter via e-mail, by means of which you can keep informed upon a regular basis of the following content:

• Information about events, programs and digital content of Tulku Lobsang and NMI

• Information about events, programs and digital content or products regarding the subject areas of Buddhism, Tibetan medicine, meditation or Tibetan culture, also from other providers

• Information about offers and products from the affiliated web shop www.vajrashop.com

• Other news regarding Tulku Lobsang and NMI or Buddhism, Tibetan medicine, meditation as well as Tibetan culture

If you subscribe to NMI’s electronic newsletter, you thereby consent to the storage of your title, your name and your e-mail address as well as your selected language and regional preference for the purpose of sending the newsletter (Art. 6(1)(1)(a) GDPR). Newsletters are sent via MailChimp (see point 3.4 of this Privacy Policy).

It will be possible at any time for you to withdraw your consent for receiving the newsletter for the future and thus to cancel the newsletter subscription (This is also referenced in the newsletter).

Insofar as you have rendered consents to NMI, you may withdraw them at any time with effectiveness for the future. You may send your withdrawal to NMI by using the following contact data: This email address is being protected from spambots. You need JavaScript enabled to view it.. If you would like to use another communication method, then please use the contact information in the “Legal Notice” section. In case that you also have an account on the websites www.tulkulobsang.org and/or www.lujong.org, the storage and the processing of the data provided via the account(s) will not be affected by the withdrawal of the newsletter consent (see point 4 in this regard).

Double opt-in and logging. The registration for the newsletter takes place using a so-called double opt-in procedure. This means that after registering to receive the newsletter, you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else's e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored at MailChimp are also logged.

2.1.5 Cookies: This website uses cookies in order to design the website to be more user-friendly. A cookie is a small text file which NMI stores on the user’s computer or mobile device. Thus, it enables NMI to recognise the user as well as store the selected language. The content of the cookies used is restricted to an identification number which does not enable personal reference to the user.

There are two types of cookies: permanent and temporary (session) cookies. Permanent cookies will remain on the user’s device for the purpose of better usability and will permit NMI to recognise the browser during the user’s next visit. Temporary cookies will be stored temporarily and will be deleted when the browser session ends.

Cookies can be deleted from the computer or mobile device by changing its browser settings. Moreover, the browser’s settings can be adjusted in such a manner that the user is notified of the placement of cookies and that this is permitted only in individual cases. The acceptance of cookies can be prevented for certain cases or generally, and the automated deletion of cookies by closing the browser can be activated. However, if the cookies are deactivated, the functionality of this website may be restricted.

3 Usage and Transmission

3.1 www.tulkulobsang.org:
Generally, NMI processes the data on its own and does not pass them on to third parties. Excepted from this is the transmission of data to external event organisers (e.g. local Nangten Menlang organisations), educators (for a program) or event partners (e.g. travel agencies for pilgrimages) as well as their assistants for the purposes of the organisation and billing of the event and/or the program. If accommodation is required for the event and booked via NMI, the data for the booking and billing of the accommodation will be transmitted to the lodging establishment.

3.2 www.lujong.org:
In general, NMI processes the data on its own and does not pass them on to third parties. Excepted from this is the user’s public profile information, which can also be viewed by third parties and therefore possibly processed.

3.3 Marketing purposes: Until consent is withdrawn, NMI processes the user’s data also for marketing purposes, particularly in order to inform the user about events, programs, memberships, digital content, products and services of NMI and affiliated companies as well as offers from third-party providers regarding Tulku Lobsang or the subject areas of Buddhism, Tibetan medicine, meditation or Tibetan culture. The user may, at any time and free of charge, object to the data processing for marketing purposes by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.. In case of an objection, the data will no longer be processed for this purpose.

3.4 MailChimp: The sending of newsletter emails in accordance with point 2.1.4 and partially also the sending of information emails in accordance with point 3.3 takes place via the mailing service provider "MailChimp", a newsletter mailing platform based in the USA. For this purpose, the data required for sending e-mails (such as e-mail address, name as well as language and regional preference) are passed on to MailChimp. MailChimp's privacy policy can be viewed here. The Rocket Science Group LLC d/b/a Mailchimp incorporated the EU's Standard Contractual Clauses (“SCCs”) into its Data Processing Addendum (DPA) which automatically forms part of its Standard Terms of Use and applies to customer data protected by European data protection laws (including the GDPR).

The mailing service provider is used on the basis of legitimate interests in accordance with Article 6 (1) (f) GDPR and an order processing contract in accordance with Article 28 (3) sentence 1 GDPR.

4 User’s rights

4.1 The user has the right to request information regarding his or her stored personal data, their origin, their recipients and the purpose of the data processing. The user also has the right to request the correction of, to object to, to request the deletion of or to restrict the processing of data which are incorrect and/or have been processed impermissibly. Moreover, the user has the right at any time to withdraw his or her consent that has previously been issued regarding the usage of his or her personal data by sending a respective e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.. If the consent is withdrawn or an objection is made to this effect, NMI will delete the data as long as NMI is not obliged by law to store them or is entitled to store them for compelling, legitimate reasons of protection. 

4.2 The user has the opportunity to submit a complaint to the competent government data protection agency if he or she is of the belief that the processing of his or her personal data violates valid data protection law or that his or her rights under data protection law have otherwise been violated.

5 Technical Protection

5.1 The protection of personal data is undertaken through corresponding precautionary organisational and technical measures. These precautionary measures affect particularly the protection against impermissible, illegal or also unintended access, processing, loss, usage and manipulation.

5.2 www.tulkulobsang.org: In case of payment by Paypal or Klarna, the user will be forwarded to the page of “Paypal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg" or "Klarna Bank AB (publ) registered with the Swedish companies register under the registration number 556737-0431 and with the main office located at Sveavägen 46, 111 34 Stockholm, Sweden”. In this case, the collection and processing of data is based on the respective data protection declaration from Paypal or Klarna.

When paying by credit card, the user will be forwarded to the page of „Unzer Austria GmbH, Grüngasse 16, 1050 Vienna, Austria“, formerly mPAY24. In this case, the collection and processing of data is based on the data protection declaration from Unzer Austria GmbH.

Details

Written by Harald Leithner

Category: Legal

Published: 03 May 2013

Hits: 113794

Publisher:
Nangten Menlang International - Verein zur Förderung tibetischer Medizin und buddhistischer Philosophie

Grosse Pfarrgasse 3/3
1020 Vienna
Austria, Europe
Tel./Fax: +43 1 212 7000
This email address is being protected from spambots. You need JavaScript enabled to view it.

ZVR (Central Register of Associations):
153997772

Business Purpose:
Promotion of Tibetan Medicine and Buddhist Philosophy

Regulating Authority:
Landespolizeidirektion Wien, Referat Vereins-, Versammlungs- und Medienrechtsangelegenheiten

Chairwoman:
Kathrin Jany

General focus:
Promotion of Tibetan Medicine and Buddhist Philosophy

Online Dispute Resolution pursuant to Art. 14 Abs. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (ODR), accessible under http://ec.europa.eu/consumers/odr.

Alternative Dispute Settlement Act:
The association is covered by the alternative dispute resolution bodies “Online Dispute Resolution” (https://webgate.ec.europa.eu/odr) and „Internetombudsmann“ (www.ombudsmann.at). If the contractual partner is a consumer, he has the option of using an impartial arbitration board to settle disputes out of court on the platforms mentioned.

The e-mail address of the association is:
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