TERMS OF SERVICE
TERMS AND CONDITIONS FOR ONLINE COURSES AND SERVICES
1. GENERAL PROVISIONS
1.1 Gantus AB, hereinafter referred to as “Gantus”, hereby introduces these Terms and Conditions for providing online services, 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 The Terms and Conditions stipulates conditions and technical requirements for providing online services by Gantus to Customers, particularly via the following website: gantus.com, hereinafter referred to as “Website”.
1.3 Every Customer shall abide by the Terms and Conditions while using Services provided by Gantus.
2.1 The words used in the Terms and Conditions shall mean the following:
Gantus – Gantus AB, Grisslevägen 6, 227 32 Lund, Sweden; Org. No.: 556736-4541, firstname.lastname@example.org, VAT no: SE556736454101.
2.2 The Customer – a business customer using Services provided by Gantus;
2.3 The Service Agreement – an agreement concluded by and between Gantus and the Customer via the Website under the Terms and Conditions whose subject matter is the sale of Services to the Customer;
2.4 Services – the services provided by Gantus described hereinbelow
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 in Section § 8.
3.3 The Customer may use the Website via Internet devices (a computer, a smartphone) with a web browser. Depending on the kind of the Service chosen by the Customer, the Customer’s device shall have the following solutions to meet the technical requirements:
a) Access to the Internet,
b) HTML5 for the online courses,
c) Recent Office Software (Microsoft, Open Office or others) for templates described in Section VI
d) Adobe acrobat reader for pdf-files.
3.4 Gantus shall hold no responsibility for any damage caused by providing false, outdated or incomplete data by the Customer in the forms mentioned in SIGN UP nor by disobeying by the Customers the Terms and Conditions.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 Gantus has reasonable skill, knowledge and experience to provide the Services. However, the Services are of advisory nature only and should a customer 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 Services.
3.6 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.
3.7 The Customer shall not disclose their password to third parties.
3.8 The Customer shall not provide content that is prohibited by law, eg. promote violence, infringe personal belongings and other rights of third parties.
4. KINDS AND SCOPE OF SERVICES OFFERED BY GANTUS
4.1 Access to the Services offered by Gantus via the Website is partially free and possible after signing up to the Website. The following Services are offered by Gantus and covered by these Terms and Conditions:
a) online courses,
b) downloadable templates,
c) review services,
4.2 Using the above-mentioned services is the Customer’s voluntary action.
4.3 By placing an order for the Services offered by Gantus, the Customer confirms they have read and understood these Terms and Conditions, fully accept the content hereof and agree to be bound hereby.
5. ONLINE COURSES
5.1 Gantus offers under its Intellectual property rights online courses for a charge stipulated on the Website.
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 duration of this service, its subject matter, number of lessons, number of quizzes, number of exams and if a certificate is issued at the end of the course.
5.4 When the Customer purchases an online course, they are granted with access to one seat on the course for a limited period of time. The period of online course availability is six months if not displayed otherwise on the product page.
5.5 An online course is personalized and the Customer may access it through the Customer’s account on the Website.
5.6 If an online course finishes with a final exam, such an exam may be taken only once. There is a time limit to complete this exam. Results may be displayed on a certificate issued at the end of the course.
5.7 A certificate is sent to the Customer via mail, e-mail or it is created as a downloadable pdf file on the Website
5.8 All forms of cheating during the course are strictly prohibited. Gantus reserves the right to withdraw access to an online course at any time if they have reasonable suspicion the Customer is cheating. In such a case the Customer shall not be entitled to any refund.
6. DOWNLOADABLE TEMPLATES
6.1 Gantus hereby grants to customers a non-exclusive, worldwide right under its Intellectual property rights to use, and further develop for company internal or personal use, but not to copy, sell or otherwise distribute the templates or the linked material for templates.
6.2 The templates offered on the Website may be for free or for a charge as described on the Website.
7. REVIEW SERVICE
7.1 Gantus hereby offers services which include checking the correctness and accuracy of filled in templates, documents and/or records as well as provision of feedback on their content for the price described on the Website.
7.2 The review service shall be rendered within the deadline described on the Website. If Gantus cannot complete the service on time, the Customer shall be notified thereof and the price they have paid shall be returned within 30 days of notification.
7.3 Feedback shall be sent to the Customer’s e-mail address.
8. SIGN UP
8.1 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.
c) 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.
d) In case of its change, the Customer shall update all the data provided while signing up before concluding another Agreement. To do so, the Customer shall use an appropriate form available on the Website.
8.2 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 Agreements. Within this account, the Customer has access to the purchased Services as well as order history on the Website.
9. PLACING ORDERS ON THE WEBSITE – THE CONCLUSION OF THE SERVICE AGREEMENT
9.1 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.
9.2 The Customers may use the Website and conclude Service Agreements after signing up on the Website.
9.3 Before placing an order, the Customer shall put chosen Services in their virtual shopping basket. The virtual shopping basket is a tool enabling the Customer to collect all the chosen Services before the purchase and see their total price. While choosing Services the Customer may freely manage the content of their basket by adding or removing items.
9.4 After making a final decision concerning the purchase of chosen Services, the Customer is redirected to an online form which shall 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 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).
9.6 After placing a correct order, Gantus shall send information concerning the acceptance of an order immediately (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 an order.
10.1 The payment for the Services purchased by the Customer on the Website shall be made with the payment methods available on the Website or as agreed upon between the Customer and Gantus and in accordance with the rules set by Gantus.
10.2 All the prices on the Website are exclusive of taxes and other fees.
10.3 The Customer purchases Services for a price in force while placing an order.
10.4 Gantus reserves the right to change prices. This provision does not concern already placed orders.
10.5 The Service will be rendered to the Customer after Gantus receives the payment.
10.6 The Customer is obliged to submit VAT number and a country of residence.
11. COMPLAINT PROCEDURE
11.1 Customers may file complaints regarding improper provision of Services by Gantus. Such complaints shall be filed via the contact form or e-mail email@example.com.
11.2 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) a description of a problem.
11.3 Complaints which do not contain the above-described data will not be processed.
11.4 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 Service ordered by the Customer.
12.1 Gantus shall not be held responsible for the Website being unavailable due to force majeure or technical problems.
12.2 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.
13.1 Gantus is the Data Controller (”the Data Controller”).
13.2 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”)
13.3 The Data Controller shall collect the following data: company name, name, email, phone number, title, dietary restrictions, experience, course certificate and certificate ID, username, nickname, interest in course, results on course, links clicked, pages viewed, video viewing statistics, IP address, browser, OS and cookies.
13.4 The personal data are collected while registering for courses or an account, requesting information about courses, downloading or buying templates, using the contact form or other forms on the website or when browsing the website and when taking courses.
13.5 The Data Controller does not collect any sensitive data.
13.6 The personal data shall be processed for the following purposes:
a) Rendering services of account – as long as the account is held for the Customer until the account is closed on the Customer’s demand under section 6 (1) (b) of GDPR,
b) Entering into and performance of the Service Agreement – until the end of rendering the Services under section 6 (1) (b) of GDPR,
c) Compliance with a legal obligation to which Gantus is subject as long as it is necessary under section 6 (1) (c) of GDPR,
d) 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,
e) 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,
f) for purposes of tracking causes of potential failures and/or issuing corrections to things the Customers have been erroneously provided with or for internal surveys for 15 years after termination of the Service Agreement unless the Customer withdraws their consent under section 6 (1) (a) of GDPR
13.7 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.
13.8 It is not obligatory to give a consent for processing the data for marketing purposes.
13.9 The consent may be withdrawn at any time by contacting Gantus at firstname.lastname@example.org. The withdrawal of the consent shall not affect the lawfulness of processing based on consent before its withdrawal.
13.10 The Customer shall have the right 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.
13.11 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.
13.12 Gantus may refuse to remove the data if it justified by the law provisions in force.
13.13 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.
13.14 Within Gantus’ organization the personal data shall be processed only by persons authorized Gantus.
13.15 The data may be disclosed to authorized entities under relevant provisions of law, including 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.
14. ADVERTISING AND OTHER INFORMATION
14.1 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.
15. COOKIES POLICY
15.1 The Website does not store any information automatically except for information stored as a cookie.
15.2 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.
15.3 Cookies are mainly used:
– 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;
– for remarketing purposes;
– to do statistics enabling Gantus to understand how the Customers use the Website.
15.4 A lot of web browsers automatically allow cookies to be stored on the Customer’s device.
15.5 In order to take online courses, the Customer shall ensure that blocking of trackers has been disabled.
16. POSSIBILITY TO CUSTOMIZE THE WAY COOKIES ARE STORED AND GAIN ACCESS.
16.1 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.
16.2 The Customer may remove cookies at any time using the functions available at their web browser.
16.3 Any limitation towards cookies may influence on functionalities available on the Website.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 Exclusive rights to the content delivered within the Services, particularly copyrights, database rights, trademarks shall be vested in Gantus.
17.2 Customers shall abide by intellectual property rights regulations. Any copying, amendments and/or public disclosure of the content without Gantus’ prior consent shall be prohibited unless it is otherwise provided in a separate agreement and/or law provisions in force.
18. FINAL PROVISIONS
18.1 Gantus reserves the right to unilaterally decide on the content of the Website, any changes and/or modification thereof without prior notification to the Customers. Any amendments come into force at the moment of publishing the amended version of the Terms and Conditions on the Website.
18.2 The Terms and Conditions are continuously available on the Website and Customers are entitled to make copies, save and/or print the content hereof.
18.3 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 using any of the Services.
18.4 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.