TERMS AND CONDITIONS
These are the Terms of Use (“Terms”) of Sales-Coach ApS, Fredensborgvej 27D, 3400 Hillerød, CVR: 41309261 (the “Company”, or “we” or “us”). The Terms apply to all users of services on Sales-Coach.learnworlds.com and the e-learning platform available through this website (the “Site”).
3.2 Your license to use the Services does not grant you any ownership rights to any content or material created by you using the Services, including but not limited to content and material provided to you through the Services and which may or may not be editable to suit your specific use case.
3.3 You are responsible for ensuring that your upload of content to or modification of provided content or material through the Services do not breach any third-party rights and that your use of the Services in general happens in accordance with applicable legislation. You must hold indemnify the Company for any claims or damages arising from the content og material uploaded or modified by you.
3.4 Customers are responsible for Customer Users’ adherence to these Terms in all aspects.
3.5 The Company reserves the right to give you a warning and/or immediately suspend or terminate your subscription in case of misuse of the Services in violation with these Terms.
8.2 The Company may transfer and assign these Terms without having to obtain consent from or notify Users.
1. Definitions
“Customer” shall mean a business with whom the Company has entered an agreement and in which agreement, the use of the services by the customer’s employees is a part.
“Customer User” shall mean the employee of a Customer using the services as part of the agreement between the Company and the Customer.
“Services” shall mean all services, functionalities, and material available to you through this Site.
“User” shall mean any user, including Customer Users, subscribing to the use of the services on the Site regardless of if the user subscribes for personal or business purposes, including when subscribing in the course of a business (also “you” or “your”).
“User Account” shall mean the account created on basis of a User subscribing to the use of the services on the Site enabled through the ‘sign up’ function. The account includes the login information, personal information, payment information and credentials used by the User.
2. User account
2.1 To use the Services, you must create an account using the sign-up function on the Site and follow the instructions, including providing the requested information and create your login credentials. You must provide accurate, current and complete information during the registration process and update the information to keep it accurate, current and complete.
2.2 To create a User Account, you must be at least 18 years of age.
2.3 Your User Account is personal regardless of if you use the Services for personal or business purposes, and if you are a Customer User or not, and you bear the sole responsibility that the use of your User Account happens in accordance with these Terms. This means that Users subscribing in the course of a business cannot transfer the subscription to use it in the course of another business. If the User needs to change the business for which the subscription is used, i.e. because of job exchange, the User must terminate its’ subscription and register for a new subscription.
2.4 You have the sole responsibility of ensuring the confidentiality and security of your login credentials, including not to disclose your login credentials to any third party.
2.5 If you suspect misuse of or unauthorised access to your User Account, you must immediately notify the Company using the contact information provided in these Terms. The Company has the right to suspend access to your User Account if we have reason to believe that any third party has gained unlawful access to your User Account.
3. User rights and obligations
3.1 Upon your subscription to use the Services and subject to your payment and these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Site and the Services.
3.2 Your license to use the Services does not grant you any ownership rights to any content or material created by you using the Services, including but not limited to content and material provided to you through the Services and which may or may not be editable to suit your specific use case.
3.3 You are responsible for ensuring that your upload of content to or modification of provided content or material through the Services do not breach any third-party rights and that your use of the Services in general happens in accordance with applicable legislation. You must hold indemnify the Company for any claims or damages arising from the content og material uploaded or modified by you.
3.4 Customers are responsible for Customer Users’ adherence to these Terms in all aspects.
3.5 The Company reserves the right to give you a warning and/or immediately suspend or terminate your subscription in case of misuse of the Services in violation with these Terms.
4. Payment
4.1 User’s use of the Services is subject to a payment of a monthly fee. Payment of the monthly fee is charged monthly in advance. The subscription fee is subject to change with 30 days’ notice. The subscription is paid via credit card.
4.2 Customer Users’ subscription is not subject to payment under clause 4.1. in these Terms, but to the agreed payment in the agreement between the Company and the Customer.
4.3 Users’ subscription is subject to a right of cancellation, unless the User subscribes in the course of a business, and the use is not personal. The right of cancellation includes that Users have the right to, within fourteen (14) days from registration by creating a User Account, without specifying a reason, change your mind about the purchase and the paid fee will be refunded using the same method you used to pay for the subscription. The right of cancellation can be exercised by contacting us at XX.
5. Intellectual property RIGHTS
5.1 The User is granted a non-exclusive, non-transferable, revocable license to access and use the platform, including the Services herein, in accordance with these Terms. This license also applies to the User’s use for business purposes. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the platform and its content are and shall remain the exclusive property of the Company. The User acknowledges and agrees that they do not acquire any ownership rights or intellectual property rights by using the platform, nor to the original or by the User modified material. The Company also retains all rights over any content or material generated by the User in the course of using the Services. Any unauthorized use of the platform or its content may violate intellectual property laws and other regulations and is strictly prohibited.
5.2 For sake of clarity, Users’ using the Services in the course of a business, may only use the Services and material available to the User herein, for the specific business, for which the User subscribed to use the Services. If the User's primary business operations or purpose significantly changes, the User must terminate its subscription and register for a new subscription to use the Services in the course of the new business.
5.2 For sake of clarity, Users’ using the Services in the course of a business, may only use the Services and material available to the User herein, for the specific business, for which the User subscribed to use the Services. If the User's primary business operations or purpose significantly changes, the User must terminate its subscription and register for a new subscription to use the Services in the course of the new business.
6. confidentiality
6.1 Both parties agree to keep confidential all information, including but not limited to business and financial information, customer and vendor lists, and pricing and sales information, obtained from the other party or through use of the Site and Services, as well as information related to the Site and the Services, whether in oral or written form, during the entire term of these Terms and for a period of five (5) years after termination.
7. Personal data
7.1 We process your personal data as provided by you when creating the User Account and as collected from your use of the Site and the Services. We process your personal data as a data controller. Read more about our processing of your personal data in our Privacy Policy.
8. ASSIGNMENT
8.1 The User may not transfer or assign any rights or obligations and licenses granted under these Terms.
8.2 The Company may transfer and assign these Terms without having to obtain consent from or notify Users.
9. Disclaimer and availability
9.1 The Site and the Services are provided ‘as is’ and ‘as available’. While we strive to ensure the accessibility, quality, and accuracy of the Site and the Services, we do not grant any warranties, express or implied or otherwise regarding these aspects. We assume no responsibility for any disruption or non-availability caused by circumstances beyond our reasonable control, including but not limited to ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions.
10. Change of terms
10.1 We have the right to change these Terms. Any new version of the Terms will be available here on the Site. By continuing to use the Site and the Services, you accept to such changes to the Terms. In case of material changes, we will notify you at least 30 days in advance by email or through an announcement on the Site.
11. Contact information
11.1 If you have any questions regarding these Terms, the Site, or the Services, please contact us at [Company Email Address].
12. Term and termination
12.1 These Terms are effective upon your creation of your User Account and continues to be in force until your subscription is terminated by either Party in accordance with the provisions below.
12.1.1 You may terminate your User Account with one month’s notice to the end of the month. You can terminate by XX in your User Account settings.
12.1.2 If a Customer’s User terminates its’ User Account, the termination does not affect the contractual relationship between the Company and the Customer in any way.
12.1.3 The Company may terminate your User Account at any time with one month's notice to the end of the month.
12.1.4 The Company is entitled to terminate any User’s subscription with immediate effect in case of the User’s material breach of these Terms, provided that the Company has given the User notice of the breach and a reasonable opportunity to cure the breach, if curable.
12.1.5 Upon termination, your access to the Services and any content or data will be immediately revoked. However, the confidentiality, intellectual property rights, and governing law provisions of these Terms shall survive termination. Upon termination, your access to the Services and any content or data will be immediately revoked.
12.2 User data will be retained for 90 days after User Account closure to allow for retrieval of data, after which it will be permanently deleted.
13. Governing Law and disputes
13.1 These Terms shall be governed by and construed in accordance with Danish Laws, without regard to its conflict of law rules.
13.2 Any dispute arising out of or in connection with these Terms, and or the use of the Site and the Services, shall be settled by the Danish courts.
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Contact:
+45 71 99 90 79
carsten@sales-coach.com
Sales Coach (Headoffice):
Frydenborgvej 27D
3400 Hillerød
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