Table of content
1. Introduction
2. Definitions
3. Registration and account
4. Payments and fees
5. Data Privacy
6. Intellectual Property Rights
7. Restrictions and guarantees
8. Limitation of liability
9. Customer’s liability
10. Governing law
11. Refund policy
12. Miscellaneous
13. Contact us
1. Introduction
1.1. These Terms and Conditions (hereinafter may be referred to as: “Terms of use”, “Terms of Service”, “Terms”,“Agreement”) govern your usage of our Beetroot Academy website, software product and/or other related products. By using the Service you confirm your acceptance of these Terms of use in full. No other representation, promise, or agreement shall be binding on the parties unless in writing and signed by an authorized officer of Beetroot Academy. If you disagree with the Terms of use or any part of them, you must not use the Service. Therefore, you must agree with and accept all the Terms before using Beetroot Academy Services. You should ensure you fully understand all conditions before entering into this Agreement with Us.
1.2. As used throughout these Terms and Conditions, in their current form, and as may be amended by Beetroot Academy at its sole discretion from time to time by publishing their updated version on the Website, so, please, check Terms of use, published on a Website, from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
1.3. We offer online services through our website https://beetroot.academy/ (the “Website”). Our Website and related software product(s) and/or the relevant application(s) enable you to access the Service.
1.4. Our Service constitutes the provision of the education training, provided by Beetroot Academy, under which the Customer may acquire knowledge, skills and abilities that may be required for the purpose of their further realization in performing labour contracts or own independent entrepreneurial activity. We declare and confirm the high relevance and practical value of our training and education courses.
2. Definitions
2.1. As used in this Agreement, the following terms shall have the following meanings:
a) The terms “us”, “we”,“our”, “Beetroot Academy” refer to Beetroot Academy AB, a legal entity incorporated and acted under the laws of Sweden, Org.NR: 559189-7599, legal address: HOLLÄNDARGATAN 20, 1st entrance, Stockholm city 111 60, Sweden.
b) The terms “Customer”, “you” refer to an individual who has reached the age of consent under the law of the
c) country of the individual's residence and is over 18 years of age, which is authorized for the use of the Service.
d) The term"Content" includes, among others, all texts, education programs, information, graphics, audio, video and/or other data that is used, provided or/and offered in the Service, as well as any other objects and information, published or shared with Customers or any third parties for the purpose of the provision of the Service.
e) The term “Registration” refers to an activity performed as part of the Service, consisting in setting up an Account
f) and defining login and password, and other registration fields, according to a specified purpose.
g) The term "Services" relates to educational activities, that are provided online (the course content is delivered by a teacher/lecturer over the Internet or an electronic network in real-time) and met the following requirement: above-mentioned education activities are vocational (directed towards occupation and its associated skills), are provided to improve the vocational rather than the personal skills of the Customer; the vocational skills that the Customer acquires can be transferable from one employment to another, or self-employment; the education activities are provided by means of a structured program, have concise aims, objectives, and clear anticipated outcomes; includes clear trainee/trainer relationship between the Customer and the teacher or instructor in live mode.
2.2. Other definitions in these Terms are used in the meaning defined by applicable legislation.
3. Registration and account
3.1. In order to register, Customers must provide true and valid information about themselves. The Customer may not usethe name of another person, a name that is offensive, derogatory, or that infringes another intellectual property rights,or otherwise violates these Terms and/or applicable registration. Beetroot Academy may not be responsible for any information provided by the Customer. Under its right of contract, we reserve the exclusive right to decline the application of the Customer that contains information defined by our own discretion as false or inaccurate.
3.2. Customers are solely responsible for any activity on their accounts. Logins and passwords of the Customers' accounts are confidential information of Customers. If a third party obtains information about a Customer’s account, that Customer shall be solely responsible for all possible consequences.
3.3. Customers are solely and fully responsible for the downloaded content of their accounts. Further, Customers are fullyresponsible for content downloaded by other Customers to their accounts. By using any information on your account,you confirm that (i) you have all the necessary rights to use this information in such a way and that (ii) it does notviolate the rights of any third party.
3.4. It is the Customer’s responsibility to notify us immediately of any unauthorized access to, or use of, a Customer’saccount or password, or any other breach of security. If you ever find out or suspect that someone accesses youraccount without authorization, you must inform us immediately. We shall not be held liable for any loss and/or damagearising from any failure to comply with these provisions.
3.5. We reserve the right to request a Customer to produce documents confirming Customer's legal status, address, country of tax residence, as well as any other documents, within 10 days from the date of receipt by Customer the relevant request to the mailbox address provided at Registration. Our request for documents must contain a justification for the need to request defined documents. Documents should be sent in the form of a scan to the e-mail address indicated by Beetroot Academy in the above-mentioned request. The Сlient's failure to provide requested documents in mentioned above time is the reason to stop the provision of Services without any compensation from our side.
3.6. The Customer bears full responsibility for the legality and correctness of data provided during registration.
3.7. Providing false data deliberately and/or with the intention of fraud may result in civil or other proceedings under applicable legislation or the legislation of the country of Customer's residence. In this case, we also reserve the right to block and/or terminate the account of any Customers who provided false data and immediately terminate this agreement.
3.8. The Customer is obliged to immediately notify us of any changes to their data, in particular to their e-mail address.We are not liable for any damage caused to the Customer in connection with the lack of data updating.
3.9. The Customer is obliged not to disclose to third parties data enabling access to the Customer’s account. Use of theCustomer’s account by third parties constitutes a valid reason to block access to the Service or for the suspension ortermination of the Customer’s account with the Service and does not require a prior warning. Customers are obliged topromptly inform us of any unlawful use of their Accounts.
3.10. We reserve the right to accept or reject any Customer's application and are under no obligation to offer any reason for rejection. We are under no obligation to notify the Customer of an incomplete or faulty application.
3.11. Each Customer may create only one account. In the case of any suspicions of breaching this clause, we reserve aright to check any Customer's activities relevant to creating an account(s), require additional information about thatactivities and/or block the Customer's account until our pending resolution. In this case, we also reserve the right to blockand/or terminate the account of any Customers and immediately terminate this agreement without any compensation from our end.
4. Payments and fees
4.1. The fees we charge from Customers for using education courses are listed on the Service. By using our Service, Customers confirm that they completely agree with the charges published on the Service.
4.2. We reserve the right to change our fees from time to time by posting the changes on the Service with no advancenotice to Customers. The changed price may not be applied to courses that have been already run. By using the Service thereafter, Customers confirm that they accept the new charges.
4.3. The Customer is able to choose among a number of payment methods (payment systems), which are offered by theService, for making Customers’ fee at its own Customer’s discretion and it’s own risk.
4.4. The Customer is fully responsible to ensure the compliance of used payment service with the laws of the countryof Customer’s residence. The Customer is liable for all transaction fees arising out of all fees made using some or all ofthe Service, even if sales terms are finalized or payment is made outside of the Service. The Customer is also liable forall possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.
5. Data Privacy
We strongly respect your right to privacy. We may use information you provide to us in the manner and under theterms of governed by our Privacy Policy available at link.
6. Intellectual Property Rights
6.1. All content included as part of the Service, such as texts, educational programs, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is our property or our suppliers or contractors and protected by copyright and other laws that protect intellectual property and proprietary rights. Customers agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
6.2. You can not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivativeworks from, or in any way exploit, any of the content, in whole or in part, found on the Service. Your use of theService does not entitle you to make any unauthorized use of any Content, and in particular, you will notdelete or alter any proprietary rights or attribution notices in respect of any Content. You will use the Contentsolely for your personal use and will make no other use of the Content without the express written permission of us andthe copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grantyou any licenses, express or implied, to our intellectual property or intellectual property of our licensors except as expressly authorized by these Terms.
6.3. Copying, reproducing or making available to the public in another way all Content or any part of the Content isstrictly prohibited. Nobody may copy, collect, store, use and/or transmit the information (texts, photos, videos, etc)from this Service. No one may use the information given by the Customers in their accounts, except for us and thatCustomer.
7. Restrictions and guarantees
7.1. You are specifically restricted from all of the following:
a) assigning any rights or delegating your duties under this Agreement until such time as you have received written consent from Beetroot Academy, and only under the instances set forth in the Policies and Procedures. Any attempt to transfer or assign the Agreement without the express written consent of Beetroot Academy renders the Agreement voidable, and, at the option of Beetroot Academy, may result in termination of Service provision;
b) publicly performing and/or showing any Service material;
c) using this Service in any way that is or may be damaging to us or third parties;
d) using this Service contrary to applicable laws and regulations, or in any way may cause harm to us, or to any
e) person or entity;
f) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this;
g) Service;
h) using this Service to engage in any advertising or marketing without our consent;
i) using this Service for storing content, which is illegal according to the governing law of these Terms of Use
j) and/or the local laws of the Customer's country of residence, international law or which conflicts with social
k) principles or norms of morality.
7.2. Certain areas of this Service may be restricted from being accessed by you and we may further restrict access by you to any areas of this Service, at any time, at our absolute discretion. You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other Customers or with the operation and management of the Service.
7.3. In the case of a breach of these obligations, the Customer is fully responsible for all possible risks and consequences, which may include civil or other legal prosecution.
7.4. The Customer guarantees that they understand the following:
a) The Customer is granted a non-exclusive right to use Beetroot Academy products/services in accordance with the Agreement;
b) You represent and warrant that your use of the Services does not breach, violate, or otherwise interfere with any current agreements, past agreements, or surviving clauses of previous agreements, into which you have entered.
7.5. We reserve the right to engage the subcontractors to provide the services at our own discretion. Pursuant to the provisions of this Agreement, Beetroot Academy accepts complete responsibility for the acts or omissions of its Agents, Subcontractors and all others it hires, engages, or contracts with to perform or assist in the Service provision.
8. Limitation of liability
8.1. Unless stated in these Terms, we are not liable to the Customer or to anyone else for any loss of use, data, goodwill, incomes or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages). That includes losses and damages which are the result of loss of use, data, or profits, whether or not foreseeable, based on any theory of liability, including breach of contract or warranty, negligence or other similar actions; or arising from any other claim arising out of or in connection with your use of or access to the Service.
8.2. We are also not responsible for all dues, taxes and fees of Customers, which may be a result of a Customer’s usage of applications according to the law of the Customer’s residence or/and the Customer’s national law, applicable legislation or laws of any other country.
8.3. Our Service and content may include the link or links or other information that can be used to achieve a third party’s website (websites), or service (services). In a case of Customer’s usage of these websites, services or other resources, the Customer confirms its own agreement that we have no responsibility for any results of that usage. Customers must understand that it is their own risk and liability. Third-parties may use their own terms and conditions which Customers need to accept for using their services.
8.4. Usage of the Service may cause loss of data and/or restrict data availability and/or cause another negative impact to the Customer, and we will have no liability whatsoever to one another for any indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection, and we will have NO liability whatsoever to any third party for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection with the use of the Service.
8.5. Beetroot Academy, its parent or affiliated companies, shareholders, officers, directors, employees, subcontractors and agents (collectively referred to as “Agents”), shall not be liable for, and you release Beetroot Academy and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. You further agree to release Beetroot Academy and its Agents from all liability arising from or relating to the usage of Services.
9. Customer’s liability
9.1. If the Customer fails to comply with the terms of the Agreement, Beetroot Academy may, at its discretion, impose upon the Customer all possible relevant measures, including, but not limited to, termination of Service provision without any indemnification from our side. If you are in breach, default or violation of the Agreement, you agree that at termination, you shall not be entitled to receive any further Services and/or compensation.
10. Governing law
10.1. This Agreement will be governed by and construed in accordance with Swedish law without regard to principles of conflicts of laws. In the event of a dispute between the Customer and Beetroot Academy arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through non-binding mediation. If the parties appeared unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by the relevant court in Sweden (applicable substantive and procedural law - the law of Sweden).
10.2. If the Customer wishes to bring an action against Beetroot Academy for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct given rise to the cause of action. Failure to bring such action within such time shall bar all claims against Beetroot Academy for such act or omission.
11. Refund policy
11.1. Refunds may be provided to Customers under the law of the European Union and applicable legislation. You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Agreement (giving your consent with these Terms and Conditions).To exercise the right of withdrawal, you must inform Beetroot Academy of your decision to withdraw from this Agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model of withdrawal form (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32011L0083&rid=4#d1e32-84-1 Annex 1(B), but it is not obligatory.
11.2. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.3. If you withdraw from this Agreement, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
11.4. Refunds due to errors in billing or any such items shall be made under your refund request sent to us not later than 14 (fourteen) days after the payment date. However, this term can be extended by Beetroot Academy in accordance with the payment and/or refund terms of the relevant payment system, including but not limited to banks. To prevent fraudulent acts, refunds are only issued back through the same payment process as the payment was made and no substitutions are allowed.
11.5. You may be subject to credit card transaction charges and fluctuations in an exchange rate on such refunds due to the payment gateway and the intermediary banks involved in the transaction; we have no control over these charges and cannot predict what they may be.
11.6. In the case of any refunds, we reserve the right to refuse any payments and/or withdrawal requests and to cancel all accrued remuneration and/or compensation. All expenses related to the refund (including banking commissions)should be paid by the Customer or will be deducted from the refund amount.
11.7. If you have any issues with a refund or need some clarification related to our refund policy, please connect with our support team.
12. Miscellaneous
12.1. The Agreement, in its current form and as amended by Beetroot Academy at its discretion, constitutes the entire contract between Beetroot Academy and the Customer. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
12.2. Any waiver by Beetroot Academy of any breach of the Agreement must be in writing and signed by an authorized officer of Beetroot Academy. The waiver by Beetroot Academy of any breach of the Agreement by Customer shall not operate or be construed as a waiver of any subsequent breach.
12.3. You agree that as a Customer you are not an employee, agency, partnership, franchise, or joint venture partner of Beetroot Academy.
12.4. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
12.5. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of use, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12.6. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12.7. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
13. Contact us
If Customers need more information about these Terms of use or have any proposal to improve them, you are welcome to contact us through support at hello@beetroot.academy
