Terms and Conditions

 

General Terms and Conditions

Agreement

These general terms and conditions, together with any documents expressly incorporated by reference (the “Terms”) are applicable to your use and access to the website www.theperfectpitchacademy.com/Signup (the “Website”) and the services provided through such Website (the “Services”), provided by Eliza Communication AB, Corp. No 556974-5192 (the “Company”, we or us) through such Website to you (the “Customer” or “you”).

The Company and the Customer will jointly be referred to as the “parties”.

The Customer/you means either the legal entity that has accessed or used the Website or any of the Services as well as any of its directors, employees, consultants, representatives and the Customer’s affiliates including the affiliate’s directors, employees, consultants and representatives or you as a private individual. 

By using the Services or by clicking accept to these Terms when this option is made available to you, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated by reference. Make sure that you understand the Terms prior to such access. If you do not agree with the Terms do not use the Services.

This Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The Website and the Services

The Company provides web-based courses through its Website, one-on-one coaching consultancy services and other services, functionalities and content through its Website, i.e. the Services.

Once you have registered for a course you will receive a confirmation e-mail.

We reserve the right to withdraw, change or amend the Website or the Services on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. The Company may restrict your access to the Website or the Services to deal with technical problems or make minor technical changes or to carry out maintenance or updates to services behind the Services. 

Right of withdrawal according to the Distance and Off-Premises Contracts Act, 2005:59 (Sw. Lagen om Distansavtal och avtal utanför affärslokaler 2005:59)

You may withdraw your course registration within 14 days from the day you received your confirmation e-mail (the withdrawal period). If you withdraw during the withdrawal period, we will refund the course fee we have received from you.  

If you wish to exercise your right of withdrawal, you must notify us before the withdrawal period expires. You can provide such notice by using the Consumer Agency's (Sw. Konsumentverket) standard form or by contacting us directly at [email protected].

After the withdrawal period has expired, you can no longer exercise your right of withdrawal.

Prices

The Customer shall pay all applicable fees for the Services periodically in advance or in arrears. The prices for the Services are set out and described on the Website. The prices for the Services excludes value added tax (VAT). If you have been offered Services for a specific term, price and/or discount, that price will apply for the agreed time, after which the price may change. 

The Company reserves the right to change the prices for the Services. In case of a price change The Company will notify you in advance in writing. By continuing to use or access the Services after the price changes come into effect, you agree to be bound by the new prices. 

Payment for the Services can be made in the following ways: cards or through Stripe. 

You must keep the payment information provided to us accurate and up-to-date. If necessary we may perform a credit control ourselves or through a third party provider. 

We may invoice you for the Services in advance or in arrears, with the frequency agreed. You agree that we may issue electronic invoices, which will be sent to the email address you have provided. You agree to pay within the set time for the payment method you choose. The Company has the right to close down your account and/or limit the Services until you have paid for all the charges accrued. Payment after the due date may entail late payment fees and interest.

Term and termination

Unless otherwise stated, you have access to courses from the course start date up and until 6 months thereafter.  

The Company reserves the right to terminate or limit the Services if the Customer: (i) breaches or otherwise violates these Terms or any other provisions set up by us; (ii) uses the Services in any way that does not comply with the intended purposes or is otherwise harmful for The Company or any third person; or (iii) in our reasonable opinion, uses the Services in violation of any applicable law or regulation. 

Upon occurrence of any of these events, The Company may contact ýou and request that you remedy your breach of these Terms before terminating or limiting the Services. In the event that The Company limits the Services for cause, you are still obligated to pay the applicable price for the Services regardless of such limitation. In the event that we terminate the Services for cause, you will pay any unpaid fees. 

Your obligations

If you are representing a company you warrant that you are authorized to enter into these Terms on behalf of the Customer as well as to use the Services and you are fully responsible for such use.

The Company may from time-to-time provide various courses, programs, and materials on the Website. If you have signed up for a course the Company grants you a limited, personal, non-exclusive, non-transferable license to use such course, programs and material for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the courses or material in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses

You are responsible for all activities that occur under your account. You agree not to: (i) defame, abuse, threaten or otherwise violate legal rights of any third party or us; (ii) publish, post or, in any other way express, any material or information that is inappropriate, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful (iii) contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us and/or the Website in any way; and (iv) monitor the Services’ availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Website or the Services for the purpose of developing or operating a competitive product or service or copying the Services’ features or user interface. 

Intellectual Property Rights

You are granted a revocable, non-exclusive, non-transferable and limited licence to use the Website and the Services.

The Website is owned and operated by the Company. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights owned or licensed by us as well as those presented in the Service (including titles, graphics, icons, scripts, source codes etc.) are the Company’ property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without the Company written consent. You must not tamper with, attempt to gain unauthorized access to, modify, reverse engineer, create derivative works, exploit the content, hack, repair or otherwise adjust any of our material, source-codes or other information for any purposes. 

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Privacy

Your use of the Website is subject to the Company’s Privacy Policy. 

Liability

We have done our best to ensure that the information provided on the Website and as part of the Services are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Website or as part of the Services for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. The information contained on the Website and the Services are for educational and informational purposes only. The information is not intended as, and shall not be understood as professional advice. 

The Company makes no representations, warranties or guarantees, whether express or implied, that the Company content is accurate, complete or up to date. The Company shall not be responsible or liable in any way for any inaccuracies, errors, omissions, incompleteness, bias or illegality in any content and/or for any actions or decisions taken by you based on the Website and/or the Services. You expressly waive any and all claims against us in connection with any use of the Website and/or the Services. You acknowledge that the Company does not provide any warranties whatsoever regarding the Services.

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of the Website to succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. 

The Company makes no warranties regarding the performance or operation of this website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall The Company, its affiliates its respective employees, officers, directors, agents, partners be liable to you for: any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

In no event shall the Company be liable for any loss or damages unless receiving a notice from you within three (3) months of you becoming aware of the loss or, if earlier, within six (6) months from when the loss occurred. 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Links to third party websites and services

The Website may contain links to other Websites (Linked Websites). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Force Majeure

The Company is not responsible for delays and defects outside our control. If any of the Service are impaired by or due to an event outside our control (for example, a delay or interruption caused by any of our suppliers or service providers), then we will endeavour to contact you as soon as possible to let you know, and we will take commercially reasonable steps to minimise the effect of the impairment. 

Changes and Additions

The Company may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email and/or via the Website. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Website. Amendments to the Terms become effective the business day following the day they are posted. All new functionalities, features and content introduced and added to the Services or the Website will be subject to what is stipulated in these Terms.

Miscellaneous

No failure or delay by either Party in exercising any right under the Terms will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

These Terms constitute the whole agreement between the parties, unless otherwise agreed between the parties, and supersedes any previous arrangement, understanding or agreement between the parties relating to the subject matter they cover. You acknowledge and agree that when entering into an agreement for the Services, you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person relating to the Services. 

You may not assign any of your rights or obligations under these Terms to any person without our prior written consent. We may assign the Terms, and the Company may assign, transfer or subcontract any of our rights or obligations under the Terms, to any person without your prior consent.

Disputes

These Terms and all non-contractual obligations arising, in any way whatsoever, out of or in connection with these Terms are governed by and construed in accordance with substantive Swedish law, without regard to any principles concerning the choice of law. 

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 SCC Arbitration Institute (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. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. The parties agree that all arbitral proceedings conducted under this arbitration clause shall be kept confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitral proceedings shall be used solely for the purpose of those proceedings.

COMPANY INFORMATION 

Eliza Communication AB
556556974-5192
Storängsvägen 23, 7 tr
115 44 Stockholm
Sweden