TERMS OF SERVICE FOR CLASSROOM TRAINING
1. General provisions
1.1. Gantus AB, hereinafter referred to as “Gantus“, hereby introduces these Terms and Conditions for providing classroom courses, hereinafter referred to as “the Terms and Conditions”. Unless otherwise agreed in writing classroom courses provided by Gantus shall be governed by the Terms and Conditions.
1.2. Every Customer shall abide by the Terms and Conditions while participating in Courses provided by Gantus. Upon sending a registration form, the Customer agrees to abide by the Terms and Conditions.
”Gantus” shall mean Gantus AB, Grisslevägen 6, 227 32 Lund, Sweden; Org. No.: 556736 4541, firstname.lastname@example.org, VAT no: SE556736454101.
“Website” shall mean gantus.com.
“Customer” shall mean a business customer participating in Course provided by Gantus;
“Party” shall mean Gantus and/or the Customer.
“Course” shall mean a classroom course to be performed by Gantus in accordance with a description on a product page.
“Course Material” shall mean the documentation provided by Gantus to the Customer before, during and after the training course that relates to the topic of the course.
“Order” shall mean a subscription for the Course via the Website.
“Confidential information” shall mean any other information which is disclosed to the other party (“the Receiving Party”) orally, visually or in a document or other tangible form, including the offer made to the Customer. “Confidential Information” does not include information received from a party which (a) is or becomes generally known by the Receiving Party without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission of the Receiving Party, this includes when it is disclosed by the Customer to other course participants that are not from the same Customer during the Course; (c) is independently developed by the Receiving Party without use of the Confidential Information; or (d) is required to be disclosed by court order or other legal process.
“Product Page” shall mean a description of a classroom course offered by Gantus, available on gantus.com.
“The Contract” shall mean an agreement concluded by and between Gantus and the Customer whose subject matter is the provision of a Course by Gantus to the Customer in accordance with the Terms and Conditions, the Product Page and/or a brochure if received from Gantus.
3. General Terms and Conditions for the use of the Website
3.1. The Customer being a natural person may use the Website on condition that they have capacity to perform acts in law.
3.2. The Customer not being a natural person may use the Website via persons authorized to act on their behalf, in accordance with SIGN UP.
3.3. The Customer may use the Website via Internet devices (a computer, a smartphone) with a web browser and access to the Internet.
3.4. Gantus shall hold no responsibility for any damage caused by providing false, outdated or incomplete data by the Customer in the forms mentioned in SIGN UP nor by disobeying by the Customers the Terms and Conditions. Any action taken by the Customer shall not infringe any legal provision currently in force nor any personal or third party rights.
3.5. The Customers shall not use Gantus’ name, its logo or other components of the Website (including but not limited to graphic elements of the Website or the Website layout) unless it is otherwise provided herein or if there is a written consent of Gantus to the use thereof. The Customer shall not take any action towards imitating the Website, especially on websites or domains associated with the Customer.
3.6. The Customer shall not disclose their password to third parties.
3.7. The Customer shall not provide content that is prohibited by law, eg. promote violence, infringe personal belongings and other rights of third parties.
4. Sign up
4.1. The following conditions shall be met in order to sign up to the Website:
a. the form available on the Website shall be filled in correctly,
b. the Terms and Conditions shall be accepted.
4.2. When it comes to a legal person or an organizational unit with no legal personality, only an authorized person may sign them up to the Website or take any other action within the Website on their behalf. Such a person shall be authorized to take any action related to the use of the Website (including signing up) and exercise all rights and perform duties of such an entity as the Customer.
4.3. In case of its change, the Customer shall update all the data provided while signing up before concluding another Contract. To do so, the Customer shall use an appropriate form available on the Website.
4.4. Upon signing up, the Customer’s account is created on the Website. This account constitutes a collection of information concerning the Customer and their actions taken within the Website in relation with concluded Contracts. Within this account, the Customer has access to the purchased Services as well as Order history on the Website.
5. Placing Orders on the Website – the conclusion of the Contract
5.1. Placing Orders on the Website is a 24/7/365 service available to the Customer unless it is otherwise provided herein, especially in the provisions concerning maintenance.
5.2. Placing Orders is available on condition that Gantus is organizing the Course at a given time.
5.3. Gantus may set a limit for a number of participants in the Course. If the set number is achieved, placing Orders will not be available.
5.4. Orders shall be placed through a form available on the Website, through an e-mail: email@example.com, firstname.lastname@example.org or over the phone: +46708186800. Placing of an Order constitutes an offer made by the Customer to Gantus. After receiving an offer, Gantus shall verify whether the order has been placed properly (in accordance with the Terms and Conditions).
5.5. After placing a correct Order, Gantus shall send information concerning the acceptance of the Order within the next 3 days (the acceptance of an offer) to the Customer on the e-mail address given while placing the Order. The Agreement is concluded when Gantus sends to the Customer information concerning the acceptance of the Order.
5.6. If the order was placed through an e-mail or over the phone, the Customer shall be required to provide their personal data, as per instructions given by Gantus within the next 3 days. Failure to provide the required data may result in cancellation of the reserved place on the course.
5.7. Gantus shall have the right to decline the Customer access to the Course at any time in the following circumstances:
a. The Customer is on reasonable grounds believed to want to take part in the Course just for the purpose of acquiring access the Gantus Confidential Information and Course Material and using them afterwards for the purposes in breach of these Terms and Conditions.
b. Gantus may reasonably expect the Customer will not be able to pay the entire required fee for the Course.
6.1. The payment for the Courses purchased by the Customer on the Website shall be made in accordance with a VAT invoice issued by Gantus within the payment term stated therein. Gantus reserves the right to issue pre-payment VAT invoices.
6.2. All the prices on the Website are exclusive of taxes and other fees.
6.3. The Customer purchases a seat on the Course for a price in force while placing an Order.
6.4. Gantus reserves the right to change prices. This provision does not concern already placed Orders.
6.5. Depending on the payment method available on the Website and/or agreed upon between the Customer and Gantus, the seat on the Course will be granted to the Customer after the Customer places the order or Gantus receives the payment.
6.6. The Customer is obliged to submit VAT number and a country of residence immediately upon request. If the Customer fails to present the VAT number within 3 days of the request, Gantus reserves the right to issue an invoice with added VAT.
7.1. If the Customer cancels its participation, it shall be entitled to the following refund:
a. 60% of the fee upon cancellation earlier than 45 days prior to the Course date,
b. 0 % of the fee upon cancellation later than 45 days prior to the Course date.
7.2. The Customer may cancel their participation in the course within 24 hours of placing the order without any consequences. In such a case, they shall e-mail Gantus on the following e-mail address: email@example.com
7.3. The Customer may transfer their seat on the Course to another person for an administrative fee of 1500 SEK. Gantus reserves the right to refuse to grant such a person a seat on the Course if it believes they are not relevant for the Course.
7.4. Gantus may cancel or postpone the course under reasonable circumstances until 28 days before the course. Reasonable circumstances may be that the course has too few participants to complete it with maintained quality of the course.
7.5. Gantus may cancel or postpone the course if the course trainer becomes ill just before or in conjunction with the course. In such cases, Gantus will enter discussions with the participants about solutions. Gantus may not be held liable for expenses that may arise as a consequence of a cancelled course, which is important to note for example if ordering a non-refundable travel to the course.
7.6. In the circumstances stipulated in section 5.7 the Customer is entitled to receive the refund of only the fee which has already been paid by them.
8. Execution of the Course
8.1. The Course shall be performed in accordance with the description on the Product Page and a brochure if the Customer receives one from Gantus.
8.2. If there is any discrepancy between the Terms and Conditions and the Product Page and/or a brochure, the provisions of the Product Page and/or a brochure shall prevail.
8.3. Gantus shall be authorized to introduce minor adjustments to the programme as long as it is in line with the overall goal of the course. Minor adjustments are also permitted when it comes to times and venue. For example, the conference venue can be changed within the city stated before the change. The Customer shall receive information by email in due time on changes to the times and venue.
9.1. Gantus collects and needs to know certain information to be able to deliver the Courses efficiently. The Customer must assist in providing this information in due time before, during and after the course. The information may be but it is not limited to contact information, background experience, expectations on the course and food allergies when applicable.
9.2. Gantus shall hold no responsibility for any damage caused by providing false, outdated or incomplete data by the Customer.
9.3. If the Customer needs information from Gantus in order to evaluate Gantus as a supplier, relevant information shall be provided by Gantus. This may include CV of the presenter.
10. Intellectual property rights
10.1. Intellectual property rights to the Course Material given or granted by Gantus to the Customer before, during and after the Course belong to Gantus exclusively and are legally protected, i.e. copyrights, database rights, trademarks shall be vested in Gantus.
10.2. The Customer shall abide by intellectual property rights regulations. The Customer has no right to use, copy, reproduce, grant access and/or distribute the Course Material in any other way without the prior consent of Gantus. The Customer shall use the Course Material in accordance with the Terms and Conditions.
10.3. Gantus hereby grants to Customer a non-exclusive, worldwide right under its Intellectual property rights to use, but not to copy, modify, further develop, sell or otherwise distribute the Course Material. Templates that are provided by Gantus may be developed further by the Customer for the Customer’s internal use.
10.4. The Customer has no right to record the Course proceedings in any form nor copy them unless otherwise agreed before with Gantus.
11. Advertising and other Information
11.1. By providing their e-mail address, the Customer hereby agrees to receive e-mails from Gantus related to its business activity. Should the Customer object to receiving such e-mails, they should unsubscribe using an unsubscribe link and Gantus shall cease to send such e-mails.
11.2. Upon signing this agreement, Gantus is entitled to use the Customer’s name and/or logo on the following website(s):gantus.com and medicaldevicehq.com to show that the Customer has is or has been a Customer of Gantus.
11.3. Should the Buyer choose not to have their name and/or logo displayed on the website indicated above, they shall notify the Consultant thereof and the Consultant shall cease to display it within 14 days of the notification.
12.1. The Parties acknowledge the proprietary nature of each other’s Confidential Information. Accordingly, the Receiving Party shall have the following obligations regarding treatment of Confidential Information:
a. the Receiving Party shall take all reasonable steps to maintain the confidentiality of the other Party’s Confidential Information;
b. The Receiving Party shall not without the other Party’s prior written consent disclose, provide or make available any of other Party’s Confidential Information in any form to any person, except their employees whose access is necessary to enable that Party to accomplish its obligations and exercise its rights under the Contract.
12.2. This section shall for five (5) years survive any termination or expiration of the Contract for whatever cause.
13.1. The Customer hereby acknowledges that all information passed to them during the Course related with the topic of the Course is of advisory nature only and should they choose to follow advice and comments stated therein, it shall be done at their own risk. Gantus shall not be held liable for any loss or damage suffered by the Customer that results from the fact they decided to act in accordance with the information provided by Gantus in connection with the performance of Contract.
13.2. The Customer is responsible for their personal belongings and electronic devices brought to the place where the Course is conducted. Should the Customer leave them unattended, it shall be done at their own risk.
14. Force Majeure
14.1. The date of the Course shall be postponed by a reasonable period of time if such a date is impeded by an unforeseeable event beyond Gantus’ control, which shall include but not be limited to acts of God, industrial actions, riots, wars, accidents, embargo or requisition (acts of government), hereinafter referred to as “Force Majeure”. Also to be considered “Force Majeure” is illness and unavailability of key personnel of Gantus for reasons that would grant an employee sick leave.
14.2. In case of Force Majeure Gantus shall promptly notify the Customers thereof and set another date for the Course.
14.3. If the Customer does not agree on the new date of the Course, they may cancel their participation with the right to full refund within 3 days of the notification thereof. Should the Customer not cancel their participation within the given period of time, it shall be considered as accepted.
14.4. Provisions of Section 7 shall apply respectively.
15.1. The Customers may file complaints regarding improper provision of the Contract by Gantus. Such complaints shall be filed via the contact form or e-mail firstname.lastname@example.org.
15.2. Every complaint shall contain at least the following data:
a. Customer’s data (username, name and surname/name of the company, postal address, e-mail address);
b. Date, place and subject of the Course;
c. a description of a problem.
15.3. Complaints which do not contain the above-described data will not be processed.
15.4. Gantus shall process a complaint within 30 working days and send its response at the Customer’s e mail address. Gantus reserves the right to refuse to provide services not connected with the Contract concluded with the Customer.
16.1. Gantus shall not be held responsible for the Website being unavailable due to force majeure or technical problems.
16.2. Gantus reserves the right to have the Website unavailable from time to time because of technical service, maintenance or improving the functionality of the Website. Nevertheless, Gantus shall undertake every effort to have the above mentioned works done as quickly as possible.
17.1. Gantus is the Data Controller (”the Data Controller”).
17.2. The Data Controller shall process the personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (“GDPR”)
17.3. The Data Controller shall collect the following data: company name, name, email, phone number, title, dietary restrictions, experience, course certificate and certificate ID, interest in course, results on course, links clicked, pages viewed, video viewing statistics, IP address, browser, OS and cookies.
17.4. The personal data are collected while registering for courses, when browsing the website and when taking courses.
17.5. The Data Controller does not collect any sensitive data.
17.6. The personal data shall be processed for the following purposes:
a. Entering into and performance of the Service Agreement – until the end of rendering the Services under section 6 (1) (b) of GDPR,
b. Compliance with a legal obligation to which Gantus is subject as long as it is necessary under section 6 (1) (c) of GDPR,
c. the legitimate interests pursued by Gantus or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data for the period of time stipulated in relevant statutes of limitations under section 6 (1) (f) of GDPR,
d. for marketing purposes such as keeping the Customer up to date via traditional post, telephone or e-mail about important new goods or services which in Gantus’ opinion might be interesting for the Customer until the Customer withdraws their consent under section 6 (1) (a) of GDPR.
17.7. It is the Customer’s voluntary and free decision to give their personal data. Within the scope indicated herein the provision of data is necessary to sign up to the Website and to place orders.
17.8. It is not obligatory to give a consent for processing the data for marketing purposes.
17.9. The consent may be withdrawn at any time by contacting Gantus at email@example.com. The withdrawal of the consent shall not affect the lawfulness of processing based on consent before its withdrawal.
17.10. The Customer shall have the right to to request from Gantus access to and rectification or erasure of personal data or restriction of processing concerning the Customer or to object to processing as well as the right to data portability. The Customer shall also have the right to lodge a complaint with a supervisory authority.
17.11. The potential recipients to whom the personal data might be disclosed are those entities whom Gantus entrusts with personal data in order to perform the Service Agreements and render the Services stipulated herein, such as cloud based storage and back-up solutions, email service providers, website hosting services, customer relationship management system, administrative and financial service providers, video hosting providers, payment processors, support tool providers, course certificate service providers and document sending and tracking providers.
17.12. Gantus may refuse to remove the data if it justified by the law provisions in force.
17.13. Gantus shall apply appropriate technical and organizational measures to ensure appropriate safety of data processing, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
17.14. Within Gantus’ organization the personal data shall be processed only by persons authorized Gantus.
17.15. The data may be disclosed to authorized entities under relevant provisions of law, inluding judicial authorities. Gantus shall transfer the data to judicial authorities only on their explicit demand and only within the necessary scope stipulated by relevant provisions of law.
18. Cookies policy
18.1. The Website does not store any information automatically except for information stored as a cookie.
18.2. Cookies are computer data, especially text files placed on the Customer’s device to use the Website. Cookies usually contain the name of the website, the amount of time they are stored on a device and a unique number.
18.3. Cookies are mainly used:
a. to adapt the content of the Website to the Customer’s interests and provide better service while visiting the Website; especially, these files make it possible to recognize the Customer’s device and then to show the Website customized to their individual needs;
b. for remarketing purposes;
c. to do statistics enabling Gantus to understand how the Customers use the Website.
18.4. A lot of web browsers automatically allow cookies to be stored on the Customer’s device.
19. Possibility to customize the way cookies are stored and gain access.
19.1. The Customer may individually change the settings concerning cookies at any time, specifying the way they are stored and gain access to the Customer’s device. The Customer may does so using the settings available at their web browser. These settings may be changed, especially to block cookies automatically or to provide the Customer with notice when a cookie is sent. More specific information is available in web browsers’ settings.
19.2. The Customer may remove cookies at any time using the functions available at their web browser.
19.3. Any limitation towards cookies may influence on functionalities available on the Website.
20. Final Provisions
20.1. The Terms and Conditions are continuously available on the following website: gantus.com and Customers are entitled to make copies, save and/or print the content hereof.
20.2. The Terms and Conditions shall enter into force on the day they are published on the Website. The Customers shall accept the Terms and Conditions before placing any Order.
20.3. The construction and performance of the Terms and Conditions shall be governed by the laws of Sweden. All disputes, differences and/or questions arising out of or in connection with the Terms and Conditions and/or the Services provided by Gantus shall be settled by Swedish courts of proper jurisdiction.