TERMS OF SERVICEONLINE SERVICES AND COURSES - GANTUS AB
1 GENERAL PROVISIONS
1.1 Gantus AB, hereinafter referred to as “Medical Device HQ” or ”we”, or ”us”, or ”our”, hereby introduces these Terms of Service for providing online services and courses, hereinafter referred to as “the Terms and Conditions” in accordance with the provisions of Swedish Act No. 2002/562 on Electronic Commerce and Other Information Society Services (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster).
1.2 We introduce the Terms and Conditions to establish conditions and technical requirements for providing our online services and courses to Participants, particularly via the following website: medicaldevicehq.com, hereinafter referred to as “Website”.
1.3 You and the Participants should abide by the Terms and Conditions while using our Services.
The words used in the Terms and Conditions mean the following:
2.1 Affiliate – means any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with you;
2.2 Course Material – means the documentation and templates provided by us to the Participant before, during and/or after the live virtual classroom sessions that relate to the topic of the live virtual classroom sessions;
2.3 Medical Device HQ – means Gantus AB, Björkvägen 14, 224 56 Lund, Sweden; Org. No.: 556736-4541, email@example.com, VAT no: SE556736454101;
2.4 Participant – means either you or another individual indicated by you or your Affiliate who has an account on the Website and uses the Services ordered from Medical Device HQ;
2.6 Service – means a service provided by Medical Device HQ described herein below;
2.7 Website – means medicaldevicehq.com.
2.8 You – means a customer who signs up to the Website and orders Services. You can be an individual, a legal person or any other entity which is able to conclude valid agreements, regardless of the organizational form.
3 GENERAL TERMS AND CONDITIONS
3.1 You may purchase Services and use the Website on condition that you have full capacity to perform acts in law (when you are an individual) or you act via persons authorized to act on your behalf, like your authorized directors or managers (when you are a legal person or another entity).
3.2 For online courses and live virtual classroom sessions you may only assign one Participant for every seat you buy. You decide how many seats you want to buy when you place an order.
3.3 If you are not a Participant on a course and/or you are not the only Participant, you have to ensure that the other Participants individually provide us with their data that is required to grant them access to the Service by signing up to the Website in accordance with Section 8. If you want to provide us with the Participant’s data referred to above on behalf of the other Participants, you will have to create a Group Account and act in accordance with the provisions of Section 17.
3.4 We provide the Services for educational purposes only and reserve the right to refuse to provide the Service at any time to you and/or Participant if you are suspected on reasonable grounds of having an intent to develop a service of similar nature to the Service offered by Medical Device HQ.
3.5 You may use the Website via Internet devices (a computer, a smartphone) with a web browser. Depending on the kind of the Service you choose, your and the other Participants’ devices need to meet at least the following requirements:
- Access to the Internet,
- The most recent versions of Chrome or Edge web browsers,
- Recent Office Software (Microsoft Office) for templates described in Section 7,
- Adobe acrobat reader for pdf-files,
- For live virtual classroom sessions described in Section 6, the Zoom client, headset and working webcam.
3.6 You and the Participant must not disclose the password to anyone else. The Participant assigned to a given seat may not let any other person receive the Service together with them or instead of them.
3.7 You and/or Participant may not provide content that is prohibited by law, e.g. promote violence or infringe rights of third parties.
3.8 The Swedish institution of ”ångerrätt” (”right to withdraw”) shall not apply if the Service has been started since the Service has then been consumed
4 KINDS AND SCOPE OF SERVICES OFFERED BY MEDICAL DEVICE HQ
4.1 Access to the Services offered by Medical Device HQ via the Website is partially free and possible after signing up to the Website and/or meeting other additional requirements specified herein and/or on the Product Page. The following Services are offered by Medical Device HQ and covered by these Terms and Conditions:
a) online courses,
b) live virtual classroom sessions (this also includes Q&A sessions)
c) downloadable templates,
4.2 Using the above-mentioned Services is your voluntary action.
4.3 By placing an order for the Services offered by Medical Device HQ, you confirm that you have read and understood these Terms and Conditions, fully accept the content hereof and agree to be bound by them.
5 ONLINE COURSES
5.1 Medical Device HQ offers under its Intellectual property rights online courses for a charge stipulated on the Product Page.
5.2 An online course may contain features such as quizzes and/or exams. A description of an online course is displayed on the Product Page.
5.3 Each description of an online course contains information concerning the course, for example its subject matter, number of lessons/topics, number of quizzes, number of exams, if a certificate is issued at the end of the course and the estimated amount of time needed to complete the course. If applicable, Medical Device HQ reserves the right to provide you and/or Participant with updated information concerning the estimated amount of time needed to complete the course depending on context to help you and/or the Participant complete the course in a timely manner. It is your and/or the Participant’s obligation to make sure to allocate sufficient time to complete the course in a timely manner.
5.4 When you purchase an online course, you are granted with access to as many seats on the course as indicated in the order for a limited period of time. The period of online course availability is six months from enrolment if not displayed otherwise on the Product Page.
5.5 If an online course finishes with a final exam, such an exam may be taken only once subject to provisions of Section 6 hereinbelow or otherwise agreed upon between Medical Device HQ and you via e-mail. There is a time limit to complete this exam. Results may be displayed on a certificate issued at the end of the course.
5.6 After the Participant successfully completes a course in accordance with its requirements, they are entitled to receive a certificate. A certificate is sent to the Participant via mail, e-mail or it is created as a downloadable pdf-file on the Website or an external site for this purpose.
5.7 All forms of cheating during the course are strictly prohibited. We reserve the right to withdraw access to an online course at any time if we have reasonable suspicion the Participant is cheating. In such a case you are not entitled to any refund.
6 LIVE VIRTUAL CLASSROOM SESSIONS
6.1 Medical Device HQ offers under its intellectual property rights live virtual classroom session (“Classroom Session”) as described on the Product Page for a charge stipulated on the Product Page.
6.2 Classroom Session is always preceded by an online course (“Preceding Online Course”) unless a description on the Product Page or Medical Device HQ’s proposal states otherwise. The description of the Classroom Session on the Product Page contains information on which online course is treated as Preceding Online Course.
6.3 Classroom Session may be purchased together with a Preceding Online Course (“Blended Course”) or separately after completing the Preceding Online Course on condition that Medical Device HQ is organizing the Classroom Session at a given time.
6.4 Unless it is otherwise stipulated on the Product Page, in order to take part in the Classroom Session the Participant needs to obtain a score of at least 85% from the Preceding Online Course final exam within 3 weeks prior to the Classroom Session. Should the score of at least 85% from the Preceding Online Course final exam be obtained more than 3 weeks before the Classroom Session, the Participant will be asked to retake the Preceding Online Course final exam for no additional fee within 3 weeks before the Classroom Session. Should the Participant not obtain the score of at least 85% from the Preceding Online Course final exam, the Participant may retake the Preceding Online Course final exam for an additional fee of EUR 50 per attempt. Should the Participant not obtain the score of at least 85% from the Preceding Online Course final exam before the Classroom Session in accordance with the preceding sentences, the Participant will not be able to attend the Classroom Session on the chosen date and you will not be entitled to any refund.
6.5 Medical Device HQ collects and needs to know certain information to be able to deliver the Classroom Session efficiently. You and/or the Participant must assist in providing this information in due time before, during and after the Classroom Session. The information may be but it is not limited to background experience and expectations on the Classroom Session. Medical Device HQ shall hold no responsibility for any damage caused by providing false, outdated or incomplete data by you and/or the Participant.
7 DOWNLOADABLE TEMPLATES
7.1 The templates offered on the Website may be for free or for a charge as described on the Product Page.
8 SIGN UP
8.1 The following conditions need to be met in order to sign up to the Website:
a) the form available on the Website needs to be filled in correctly,
b) the Terms and Conditions need to be accepted,
8.2 In case the data you and/or the Participant have provided is changed, for example a new address or email, you and the Participant agree to update all the data provided while signing up before continuing to use the Website (this includes completing a current course and/or purchasing a new Service). To do so, the Customer and/or Participant need to use an appropriate form available on the Website.
8.3 Upon signing up, your and/or the Participant’s account is created on the Website. This account constitutes a collection of information concerning you and/or the Participant and your actions taken within the Website in relation with ordered Services. Within this account, you have access to the purchased Services as well as order history on the Website and the Participant has access to the online courses and/or Classroom Sessions assigned to them.
9 PLACING ORDERS ON THE WEBSITE
9.1 Placing orders on the Website is a 24/7/365 service available to you unless it is otherwise provided herein, especially in the provisions concerning maintenance.
9.2 You may use the Website and order Services after signing up to the Website.
9.3 Before placing an order, you need to put chosen Services in your virtual shopping cart. The virtual shopping cart is a tool enabling you to collect all the chosen Services before the purchase and see their total price. While choosing Services you may freely manage the content of your cart by adding or removing items.
9.4 After making a final decision concerning the purchase of chosen Services, you are redirected to an online form which needs to be used to place orders on the Website. This form may consist of other forms concerning a payment method.
9.5 Placing of an order constitutes an offer made by you to Medical Device HQ. After receiving an offer, Medical Device HQ reserves the right to verify whether the order has been placed properly (in accordance with the Terms and Conditions).
9.6 After placing a correct order, Medical Device HQ sends information concerning the acceptance of an order (the acceptance of an offer) to you on the e-mail address given while placing the order.
9.7 Medical Device HQ may set a limit for a number of Participants in the Classroom Session. If the set number is achieved, buying a seat on the Classroom Session will not be available. If the seat has been ordered in excess of the set limit, we will not confirm such an order and you will not be able to attend such a Classroom Session.
10.1 The payment for the Services purchased on the Website needs to be made with the payment methods available on the Website or as agreed upon between you and Medical Device HQ and in accordance with the rules set by Medical Device HQ.
10.2 All the prices on the Website are exclusive of taxes and other fees.
10.3 You purchase Services for a price in force while placing an order.
10.4 Medical Device HQ reserves the right to change prices. This provision does not concern already placed orders.
10.5 The Service will be rendered to you after Medical Device HQ receives the payment.
10.6 For the purposes of billing you need to provide Medical Device HQ with the following information:
a) your organizational form, i.e. whether you are an individual or a legal person (or any other entity);
b) when you are an individual, you need to provide information which country of residence you have;
c) when you are a legal person or any other entity, you need to provide Medical Device HQ with documents confirming your organizational form on Medical Device HQ’s demand;
d) a valid EU VAT number if applicable
10.7 Medical Device HQ reserves the right to charge you with any additional costs and/or taxes which may result from a failure to provide the information listed in 10.6, including but not limited to applying the Swedish VAT if applicable.
10.8 If applicable, Medical Device HQ reserves the right to invoice you for the costs of shipment of the Course Material if it is not delivered to you and/or Participants and returned to Medical Device HQ due to the reasons attributable to you and/or Participants (such as e.g. a failure to provide an up-to-date address or complete address).
10.9 Should you cancel the Service you have ordered, in accordance with the Terms and Conditions, you will be obliged to pay the full price for the remaning Service purchased together with the cancelled Service if you have received a refund. This particularly concerns Blended Courses.
11 CANCELLATION OR POSTPONEMENT OF CLASSROOM SESSION BY MEDICAL DEVICE HQ
11.1 Medical Device HQ may cancel or postpone the Classroom Session under reasonable circumstances until 7 days before the Classroom Session. Reasonable circumstances may be in particular that the Classroom Session has too few Participants to complete it with maintained quality of the course.
11.2 The date of the Classroom Session will be postponed by a reasonable period of time if such a date is impeded by an unforeseeable event beyond Medical Device HQ’s control, which includes but is not limited to acts of God, industrial actions, riots, wars, accidents, embargo or requisition (acts of government), technical problems and/or unavailability of key personnel of Medical Device HQ’s for reasons that would grant an employee sick leave, hereinafter jointly referred to as “Force Majeure”.
11.3 In the cases described in sections 11.1 and 11.2, Medical Device HQ will set another date for the Classroom Session. Medical Device HQ may not be held liable for expenses that may arise as a consequence of a cancelled Classroom Session.
11.4 If you do not agree on the new date of the Classroom Session, you may cancel your participation with the right to full refund for the Classroom Session within 3 days of the notification thereof. Should you not cancel your participation within the given period of time, it will be considered as accepted.
12 CANCELLATION OF ONLINE COURSE BY THE CUSTOMER
12.1 You may not cancel online courses.
13 CANCELLATION OF CLASSROOM SESSION OR BLENDED COURSE BY THE CUSTOMER
13.1 You may not cancel the Blended Course, in any other way than described in sections 13.2 and 13.3.
13.2 If the Classroom Session (either ordered separately or as a part of the Blended Course) has not started yet, you may cancel participation and the following refund shall apply:
a) 100% of the price paid for the Classroom Session minus the regular price of the Online Course (when applicable) upon cancellation earlier than a month prior to the Classroom Session date
b) 0% of the price paid for the Classroom Session minus the regular price of the Online Course (when applicable) upon cancellation later than a month prior to the Blended Course first available date.
13.3 If you and/or your Participant have not started the Blended Course, you may request to transfer your and/or the Participant’s seat on the Blended Course to another Participant for an administrative fee of 50 EUR. Request to transfer the seat must be communicated to Medical Device HQ by e-mail to firstname.lastname@example.org. Medical Device HQ reserves the right to refuse to grant such a person a seat on the Course if it believes on reasonable grounds they will not use the Course in accordance with the Terms and Conditions. The seat has not been transferred until you receive an e-mail with confirmation from Medical Device HQ. Once the seat has been transferred, the original availability period of the Blended Course will not be extended.
14 COMPLAINT PROCEDURE
14.1 You may file complaints regarding improper provision of Services by Medical Device HQ. Such complaints need to be filed via the contact form or e-mail email@example.com.
14.2 Every complaint needs to contain at least the following data:
a) your data (username, name and surname/name of the company, postal address, e-mail address);
b) Date and subject of the Classroom Session if applicable;
c) a description of a problem.
14.3 Complaints which do not contain the above-described data will not be processed.
14.4 Medical Device HQ will process a complaint within 30 working days and send its response to your email address. Medical Device HQ reserves the right to refuse to provide services not connected with the Service ordered by you.
15.1 Medical Device HQ shall not be held responsible for the Website being unavailable due to Force Majeure or technical problems.
15.2 Medical Device HQ 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, Medical Device HQ shall undertake every effort to have the above-mentioned works done as quickly as possible.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 Exclusive rights to the content delivered within the Services and to the Course Material, particularly copyrights, database rights, trademarks are vested in Medical Device HQ.
16.2 You and Participants must abide by intellectual property rights regulations. Any copying, amendments and/or public disclosure of the content of Services and/or Course Material without Medical Device HQ’s prior consent shall be prohibited unless it is otherwise provided in a separate agreement and/or law provisions in force. You and/or Participant have no right to record the Classroom Session in any form unless otherwise agreed before with Medical Device HQ.
16.3 Medical Device HQ hereby grants to you and/or the Participant, as the case may be:
a) 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. If the Course Material contains templates, the templates are governed by section b) below;
b) a non-exclusive, worldwide right under its Intellectual property rights to use, and further develop for your internal or personal use, but not to copy, sell or otherwise distribute the templates or the linked material for templates.
16.4 Medical Device HQ is entitled to use your name and/or logo on the following website(s): medicaldevicehq.com and linkedin.com to show that the you are or have been a customer of Medical Device HQ’s. Should you choose not to have you name and/or logo displayed on the website indicated above, you need to notify Medical Device HQ thereof and Medical Device HQ will cease to display it within 14 days of the notification.
16.5 You and/or the Participant may not use Medical Device HQ’s 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 Medical Device HQ to the use thereof. You and/or Participant may not take any action towards imitating the Website, especially on websites or domains associated with the Customer and/or Participant.
17 GROUP ACCOUNT
17.1 When you are not the Participant or you are not the only Participant, you may create a Group Account. A Group Account is the name of our offer to group several Participants’ accounts together to facilitate access to the Services, including registration to courses and follow-up activities as well as providing you with Group Leader access pursuant to clauses 17.4 and 17.5.
17.2 Medical Device HQ enables purchase of multiple seats via a Group Account that can be accessed through the back-end. When you purchase 5 seats via a Group Account at one time from one course, Medical Device HQ will add a 6th seat at no additional cost.
17.3 By creating the Group Account and accepting the Terms and Conditions you accept the provisions of the Data Processing Agreement with Medical Device HQ to provide Medical Device HQ with the necesary data of the Participants.
17.4 You need to designate one (1) Group Leader from your Participants that is authorised to order available Services on your behalf and enroll Participants to the purchased courses.
17.5 The Group Leader will have access via their Participant’s account to the back-end where information about available courses and Participants’ course data and progress is available.
17.6 Seats that are assigned to the Group Account and not used by any Participant within 6 months can be expired by us.
18 PROFESSIONAL PLAN
18.1 Medical Device HQ may send a proposal to you to sign up for a Professional Plan and if you accept, the provisions of Section 17 shall apply with the changes stipulated in this Section 18. The Professional Plan may be terminated by Medical Device HQ or by you with a 60-day notice.
18.2 You are able to purchase seats on Online Courses, Classroom Sessions and Blended Courses by sending an e-mail to firstname.lastname@example.org. The e-mail must include the following information: first name, last name, e-mail address of the Participant, which course the Participants are being registered for and any applicable invoicing reference.
18.3 You may designate up to three (3) Group Leaders that are authorised to order courses on your behalf and provide necessary information on the Participants.
18.4 You have to designate a single point of contact (SPOC) to coordinate communication between you and Medical Device HQ.
18.5 Medical Device HQ may schedule a Q&A Session in a form of a live virtual class for you after your Participants complete a certain course. Unless otherwise agreed upon by you and Medical Device HQ, the Q&A Session shall be free of charge, however, should you want to reschedule the Q&A Session, a fee of EUR 250 EUR shall apply unless otherwise agreed upon in writing or in email.
19.1 Medical Device HQ shall hold no responsibility for any damage caused by providing false, outdated or incomplete data by you and/or Participants, including but not limited to in the forms mentioned in SIGN UP nor by disobeying by you and/or the Participant Terms and Conditions. Any action taken by you and/or the Participant shall not infringe any applicable legal provision currently in force nor any personal or third party rights.
19.2 Medical Device HQ has reasonable skill, knowledge and experience to provide the Services. However, the Services are of advisory nature only and should you and/or a Participant choose to follow advice and comments stated therein, it will be done at your own risk. Medical Device HQ shall not be held liable for any loss or damage suffered by you and/or the Participant that results from the fact you decided to act in accordance with the information provided by Medical Device HQ in connection with the performance of Services.
19.3 You will be held liable for all acts and omissions of your Participants as if they were your own acts and omissions.
19.4 Subject to the provisions hereof Medical Device HQ’ total liability resulting from your and/or your Participants’ usage of the Services shall under no circumstance exceed the total price you paid for the Service or one million (1.000.000) SEK, whichever is lower.
20.1 By providing your e-mail address, you agree to receive e-mails from Medical Device HQ related to our business activity. Should you object to receiving such e-mails, you need to unsubscribe using an unsubscribe link and Medical Device HQ will cease to send such e-mails.
21 FINAL PROVISIONS
21.1 We reserve the right to change the content of the Terms and Conditions from time to time and such a change becomes effective once published unless it is written otherwise in this section. We will inform you and the Participants about any material change via e-mail and you will have 14 days to decide whether you accept the changes or not. If you do not accept the changes, inform us about it via your account on our Website and we will delete your account after delivering the last of the Services purchased before the material changes came into force. The material changes come into force after 14 days of the day we informed you and the Participants about the material changes. The material changes do not apply to the orders placed before the material changes came into force unless it is required by the legal provisions in force.
21.4 Medical Device HQ reserves the right to unilaterally decide on the content of the Website, any changes and/or modification thereof without prior notification to you.
21.6 Should you and/or the Participant receive from Medical Device HQ any information which is not addressed to you and/or the Participant, you and/or the Participant must delete it and may not copy it, distribute or take any action in reliance on it. In such a case you and/or the Participant must inform Medical Device HQ immediately by sending an e-mail stating the receipt of confidential information to the following e-mail address: email@example.com
21.7 Medical Device HQ reserves the right to unilaterally decide to remove your and/or the Participant’s account if it has not been active for 5 years. You and/or the Participant may also request to have the account deleted by using the ”delete account” function in the account which is intended to be removed. The account will be deleted within 14 days of your and/or Participant’s request. You can ask for deletion of the Group Account by contacting support. Deletion of a Group Account does not automatically cause the deletion of the Participant’s account but it makes it impossible to access the content assigned to the Participant’s account via the Group Account. The deletion of the account automatically terminates access to any Service currently in force as well as order history and the Professional Plan, if applicable.
21.8 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 Medical Device HQ shall be settled by Swedish courts of proper jurisdiction.