GENERAL TERMS AND CONDITIONS
Last updated: [2024-01-18]
1 BACKGROUND
1.1 HeadGain AB, reg.no. 559234-9616 (“HeadGain”) provides access to online courses. HeadGain offers various course packages, some of which include pre-recorded seminar videos and some coaching calls, which are offered through the HeadGain platform (the “Platform”) and which can be viewed through the internet, computes and other equipment (“End Devices”).
1.2 These terms and conditions (the “Terms”) shall apply when the customer (the “Customer”) purchases a course package (the “Product”) from HeadGain.
1.3 Please, note that these terms apply both to company or other legal entity customers as well as customers which legally qualify as consumers according to applicable consumer legislation (“Consumers”). HeadGain complies with the applicable Consumer legislation. Certain sections of these Terms apply to Consumers only, as set forth below.
2 CONTACT INFORMATION
HeadGain AB, reg.no. 559234-9616
Bruksvägen 9, 73560 Ramnäs, Sweden
E-mail: [email protected]
Phone: +46 8-420 18 800
https://courses.davidjpphillips.com
3 PURCHASES
The Customer can select from the course packages offered om HeadGain’s website and make an order directly through the website. After the receipt of the order, the Customer will receive an automatically generated summary of the order. This is a non-binding confirmation of the receipt of the order. The Customer’s order will be accepted only when HeadGain sends a separate confirmation e-mail to the e-mail address provided by the Customer (the “Order Confirmation”). A binding agreement is formed only through the Order Confirmation
4 GRANT OF LICENSE
4.1 Subject to these Terms (including but not limited to the payment of the fees as set forth in Section 7), HeadGain grants to the Customer a personal, non-exclusive, non-transferable right to access and view the Product. The Customer acknowledges and agrees that the Product, or certain content of the Product, is made available to the Customer for the period of time as specified in the Order Confirmation (the “License Period”).
4.2 By the expiry of the License Period, the Customer may extend the License Period at the prices and terms applicable at the date of such extension.
5 PRODUCTS
5.1 Save as expressly set forth in these Terms, the Product shall be provided in accordance with the Product description made available to the Customer prior to the purchase (the “Product Description”).
5.2 The scope of the online courses is continuously updated and expanded by HeadGain. Despite careful planning, changes in content may become necessary in individual cases. HeadGain therefore reserves the right to make necessary content and methodological adjustments or deviations from the Product Description, provided that these do not significantly change the subject and the overall character of the Product.
6 ACCOUNT
6.1 The Customer must create an account to be able to access the Product (the “Account”). If the Customer is a company or other legal entity and the Customer’s agreement included one or multiple licenses, each user (a “User”) shall create a separate account. The Customer may only grant access to the number of Users for which a license is acquired.
6.2 The Customer shall be responsible for each User and ensure that each User only use the Product in accordance with these Terms. Furthermore, the Customer shall be fully liable for, and shall keep HeadGain fully indemnified against, any and all losses, claims, liabilities or damages of every nature and kind incurred or sustained by HeadGain resulting from any act or omission of a User.
7 PRICE AND PAYMENT
7.1 The Customer shall pay the price indicated at the time of purchase through the at the time presented offer.
7.2 Payment shall be made in advance in accordance with the selected method and intervals for payments. Payment shall be made by the Customer providing valid credit card information, whereas HeadGain shall be entitled to charge the Customer in advance.
7.3 HeadGain may, by its sole discretion, accept payment against invoice. Payment terms thirty (30) days.
7.4 The Customer may not be granted access to the Product until full payment therefore has been made.
8 CUSTOMER’S RIGHT OF WITHDRAWAL
8.1 The Customer has the right to withdraw from the agreement within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the Order Confirmation (the “Withdrawal Period”). To exercise the right of withdrawal, the Customer must inform HeadGain of its decision to withdraw from the agreement by an unequivocal statement. The Customer may use the template withdrawal form, as provided here: https://davidjpphillips.typeform.com/withdrawal, but it is not obligatory.
8.2 To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the Withdrawal Period has expired.
8.3 If the Customer exercises its right of withdrawal, HeadGain shall reimburse to the Customer all payments received from the Customer without undue delay and in any event not later than fourteen (14) days from the day on which HeadGain was informed about the withdrawal. HeadGain will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
9 AVAILABILITY OF THE PRODUCTS
9.1 The Products are made available through the Platform which may primarily be accessed from an End Device in the country from which the Customer made the purchase, as well as any other countries in which the Product is offered.
9.2 HeadGain guarantees a 99 % availability of the Product over the calendar year. This dos not include outages for which HeadGain is not responsible due to necessary maintenance work, Force Majeure Events, technical malfunctions of the Internet, reasons attributable to the Customer or reasons for which HeadGain is not responsible. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorised access, theft, operating errors or likewise.
9.3 If the Product include so-called coaching calls, such calls will be made available through Zoom or, at HeadGain’s discretion, a comparable platform. The Customer will be provided with the dial-in data prior to each coaching call.
9.4 To use the Product and access the Platform, the Customer will need to use an End Device and a high-speed internet connection. The Customer’s use of the Product may count toward the Customer’s data usage, depending on the terms of your agreement with your internet service provider.
9.5 HeadGain does not assume any liability for the reproduction quality of the Product on the End Device. The Customer is solely responsible to ensure that suitable hard- and software and a broadband internet connection is available to the Customer which is technically necessary to access and view the Product.
10 THE USER’S OBLIGATIONS
10.1 The Customer may only use the Product and the Platform as part of the Customer’s own activities and in accordance with these Terms and any instructions of use provided, at each time, by HeadGain.
10.2 The Customer must manage log-in details and passwords with the necessary care to prevent unauthorised persons from gaining access to them. The Customer must as soon as practicably possible notify HeadGain in writing if the Customer has reason to suspect that unauthorised persons have access to or may be able to gain access to the Product.
10.3 The Customer shall not be allowed to publish illegal, or offensive material (in HeadGain’s reasonable opinion) at message boards, chat rooms, discussion forums or any other community services (“Community Forums”) or to send to such Community Forums viruses, trojans or other malicious code.
10.4 The Customer may not allow the Product to be used by or for the benefit of a third party, including but not limited to use the contents of the Product for public presentation.
10.5 In case of any suspected abuse of or access to the Customer’s account through third parties (particularly any suspected hacking) HeadGain may suspend the Customer’s access to the account until HeadGain has established the facts, or the access data have been changed. Should the abuse and/or the access to these data have been caused by willful misconduct on the Customer’s side, HeadGain further reserve the right to block the Customer’s access to the Product pursuant to Section 11.
11 BLOCKING OF THE SERVICE
11.1 If the Customer unjustifiably fails to meet a due payment obligation, HeadGain shall be entitled, after prior notice and without prejudice to further statutory and contractual rights, to temporarily block the Customer’s access to the Product until the owed payment has been received.
11.2 Furthermore, HeadGain may temporarily or permanently, as HeadGain’s sole discretion, block the Customer’s access to the Product if the Customer is in breach, or HeadGain reasonably suspects the Customer to be in breach, with these Terms.
11.3 The License Period shall remain unaffected by the temporarily blocking in such case. Thus, the License Period will not be prolonged.
12 COMPLAINTS
12.1 If the Product is not in conformity with these Terms, the Products Description or otherwise considered defective (“Defective Product”), the Customer may file a complaint regarding to HeadGain (for contact information, please see Section 2).
12.2 HeadGain shall be liable for a Defective Product if the defect occurs or becomes apparent within the License Period.
13 DISCLAIMER
13.1 To the maximum extent permitted by law, and except as expressly stated in these Terms, HeadGain’s liability shall be subject to the following disclaimers.
13.2 HeadGain shall not be liable for any learning success of the Customer. The results the Customer will be dependent on many factors, including but not limited to the Customer’s level of personal responsibility, commitment, and abilities. The Customer acknowledges and agrees that HeadGain is not responsible for the Customer’s success, or lack thereof.
13.3 Any information provided by HeadGain, including but not limited to information provided through coaching calls, may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in the Customer’s specific situation.
13.4 In no way is the information provided by HeadGain meant to be a substitute for medical or psychological advice. HeadGain and/or the Product does not serve to improve the mental health of the Customer, diagnose, treat, or provide a cure for any condition the Customer may be experiencing.
13.5 This disclaimer is not intended to limit the liability of HeadGain in contravention of any requirements laid down in applicable law nor to exclude HeadGain’s liability for matters which may not be excluded under that law, including but not limited to applicable consumer legislation.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 Any intellectual property relating to HeadGain, the Product and the Platform, and to the Product or the Platform associated software, equipment and know-how, and any updates and modifications thereof (the “IPR”) shall be the sole property of HeadGain or HeadGain’s suppliers and the Customer agrees not to attempt to register, use or infringe, directly or indirectly, or permit to be registered, used or infringed by any other person, the IPR or any other intellectual property right belonging to HeadGain.
14.2 HeadGain grants to the Customer a personal, non-exclusive, non-transferable right to access and view the content included in the Product. Any other use is explicitly prohibited. In particular, the Customer is prohibited from recording, reproducing, processing, duplicating, distributing, publicly reproducing or otherwise processing the contents, videos, texts or other content included in the Product, in any form without the prior written permission of HeadGain.
15 LINKS TO OTHER WEB SITES
15.1 The Product or Platform may contain links to third-party web sites or services that are not owned or controlled by HeadGain. The governing laws of each individual country may restrict the use of some of the linked content.
15.2 HeadGain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Customer further acknowledges and agrees that HeadGain shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
16 PERSONAL DATA
By using the Product, HeadGain may use submitted or generated personal data in accordance with our privacy policy accessible here: https://www.headgain.com/privacy-policy
17 LIABILITY
17.1 To the maximum extent permitted by law, HeadGain shall, under no circumstances, be liable for any indirect damage or loss, including loss of income or profit, loss of goodwill or any other special, consequential, incidental or exemplary damage or claims by third parties. Furthermore, HeadGain’s total and aggregate liability towards the Customer for any loss or damage arising out of, connected with or resulting from the Product and/or these Terms shall be limited to the price paid for the Product by the Customer during the License Period.
17.2 The foregoing shall not apply in case of damage caused intentionally or by gross negligence.
18 FORCE MAJEURE
18.1 HeadGain is entitled to postpone the performance of its obligations and is relieved from the consequences of non-performance of its obligations under these Terms where such performance is prevented, rendered significantly more complicated, or unduly rendered more costly due to a circumstance beyond the control of HeadGain, and which HeadGain neither could nor reasonably should have foreseen at the time of execution of these Terms. Such circumstance (“Force Majeure Event”) can comprise, e.g., war or warlike situations, civil war, military mobilisation or military conscription of a similar scope, insurrection and riot, terrorism, sabotage, fire, flood, natural disaster, epidemic, pandemic, break-down of means of transport, discontinuation of the supply of energy, strike, lock-out or other general or local industrial action (notwithstanding that HeadGain itself is a party to the action), requisition, seizure, public authority order, trade restrictions, payment restrictions, or currency restrictions, or circumstance comparable therewith.
18.2 Any Force Majeure Event on the part of any party assisting HeadGain in the performance of the agreement, shall also constitute grounds for discharge from liability.
19 MISCELLANEOUS
19.1 If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
19.2 Neither Party may assign these Terms or any of its rights or obligations hereunder without the prior written consent of the other Party.
20 GOVERNING LAW AND DISPUTES
20.1 These Terms shall be governed by the substantive law of Sweden. For Consumers, however, these Terms will not limit any consumer protection rights that the Customer may be entitled to under the mandatory laws of the Customer’s country of residence.
20.2 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
20.3 The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.
20.4 As a Consumer, the Customer has the right to refer the matter to a court of law where the Customer reside. The Consumer may also choose to make a complaint to the National Board for Consumer Disputes (Sw. Allmänna Reklamationsnämnden, ARN) or any equivalent national board/authority for consumer disputes. Furthermore, the Consumer may also use the online dispute resolution provided by the European Commission at ec.europa.eu/consumers/odr .