• Terms and Conditions

Valid from 15 March 2020

1. Introduction

  • 1.1

    These Terms of Use apply between President Academy AB (Registration no.: 559156–1070) (In this agreement referred to as "PA") and the legal entity including the physical representative (In this agreement referred to as "User"), who uses the ("Platform") and/or purchases the services provided by PA.

  • 1.2
    Users and PA are jointly referred to as "Parties" and individually as "Party".
  • 1.3
    Users must represent a legal entity to be a Party to this legally binding agreement to use the Platform and purchase the services. The User hereby confirms that the User has the authority to enter into legally binding agreements on behalf of the legal person represented. The Platform and the services is not intended for consumers.
  • 1.4
    By using the Platform and/or purchasing PA's services, the User agrees to these Terms of Use and undertakes to comply with the terms. Users who violate any provisions of these Terms of Use or who commit a crime via the Platform, will immediately be reported to the police and are permanently suspended from using the Platform and the services.
  • 1.5
    These Terms of Use are written in Swedish and then translated into English. In case of non-conforming meaning of terms, wordings or similar, the Swedish version shall prevail.

2. Definitions

  • User

    All natural and legal persons who have a user account for the Platform and/or purchases PA's services.

  • Personal Data
    Any information relating to an identified or identifiable natural person. It is considered as Personal Data if the information, individually or in combination with other tasks, can be associated with a living person. Typical Personal Data is social security number, name and address.
  • Processing
    A measure or combination of measures concerning Personal Data. E.g. collection, booking, registration, storage, organization, structuring etc.
  • Platform
    Web sites www.presidentacademy.online, www.presidentacademy.se, www.presidentacademy.com
  • Data Subject
    The natural person, who can be identified directly or indirectly through the Personal Data.

3. Access to the platform

  • 3.1
    PA offers the Platform and its services to registered Users. The User is granted a non-exclusive right to use the Platform solely in the User's own entity. The user account and any purchased service is personal and may not be shared with other persons or companies.
  • 3.2
    The User must create a user account to use the Platform. The User chooses the password and is responsible for protecting the password. When registering a user account, the User must enter the legal name of the Users company, a valid e-mail address and other information requested in connection with registration.
  • 3.3
    Access to the Platform is given through one of the access options that PA from time to time informs about through the Platform. The User is aware of and agrees that the Platform can also be used together with, and accessed through, external services offered by companies which PA cooperates with. PA is not responsible for the provision of such external services or for the content or results of such external services.

4. Users liability and obligations

  • 4.1
    The User shall comply with PA's applicable terms and conditions and instructions regarding the use of the Platform and the Services. PA may, after entering into this agreement with the User, amend the terms and instructions provided and shall notify changes via the Platform.
  • 4.2
    The User is solely responsible for activities undertaken by the User and for all activities carried out through the User's user account. The User is solely responsible for any unauthorized use of the Platform through the user account and for all transfers of information and electronic documents that are transferred through the user account.
  • 4.3
    The User may not use the Platform for any unlawful or unauthorized purpose or in such a way that PA, or anyone else, is affected by inconvenience or damage. For example, the User may not, through the Platform, handle electronic documents that infringe third-party rights or that may be perceived as offensive or outrageous, such as, for example, portrayals of hateful, threatening or pornographic content or that call for acts of violence or incitement against people. The User warrants that the Platform shall only be used in accordance with these Terms of Use, applicable legislation and PA's instructions. The User also warrants not to misuse data that may be retrieved from the Platform and to not provide any criminal content in the Platform.
  • 4.4

    The User undertakes to indemnify PA in the event that any third-party claims compensation because the User has acted in violation of these Terms of Use or in violation of applicable law or third-party rights.

  • 4.5

    The User is responsible:

    • for having the necessary connections and equipment necessary for the use of the Platform and access to the Services, including a functioning Internet connection and digital devices and browsers that enable such access,
    • for the accuracy of the information provided in connection with the registration and use of the Platform, services and any additional services,
    • to continuously update their contact details so that they are correct at all times,
    • to ensure that the User's specified contact information is effective for receiving information from PA,
    • personal and user-specific information, such as user identity and password or other documents, certificates or devices that may be used for access to the Platform, and the User shall handle such information confidentially and in a secure manner. If the User suspects that such information has been misused, the User is obliged to take immediate action to restrict access to the Platform and inform PA of the situation;
    • for back-up of the User's data and materials contained in the Platform,
    • to keep their access rights updated in the Platform.
  • 4.6
    If PA suspects that a User is using the Platform and/or the services in violation of these Terms of Use, PA has the right to delete the User account and/or prevent the User from transmitting information and/or electronic documents, and to terminate the agreement with the User and disable the User's access to the Platform with immediate effect, without prior notice thereof to the User.
  • 4.7
    Upon a User's death, PA reserves the right to terminate the service and the user account and, if applicable, delete data in the Platform of the deceased User after fifteen (15) months from the death.

5. Additional services

  • 5.1
    PA has the right at any time to introduce and offer additional services. Additional services refer to services whose use is voluntary for Users and of which the purpose is to provide Users with additional functionality and/or completely new functions within the framework of the Platform.
  • 5.2
    Users will automatically gain access to such additional services that are provided free of charge and which do not require the User's consent. PA will inform the User through the Platform when such additional services are introduced. Information on additional services that will be offered for a fee or that require the User's consent, will also be provided via the Platform. The User chooses whether or not to add such additional services, which are not free of charge.
  • 5.3
    Specific terms and conditions may apply to the provision of certain additional services, which Users will be informed of when the additional service is introduced.

6. Right of use and intellectual property rights

  • 6.1
    PA owns all intellectual property rights of PA, the platform and the services, such as, for example, but not only the domain, the brand, the logo etc. The User is only entitled to use the Platform through the Users valid user account. The User agrees that the User shall not copy, reproduce, modify, modify or create derivative works from PA. PA does not claim any intellectual property rights of the material provided by the User.
  • 6.2
    Users are not entitled to make their own installation, copy or similar of the Platform or any material from the Platform (either by itself or through a third party). Users also have no right to provide the Platform for use by third parties or otherwise to attempt to find out the functionality of the software or "hack" the software, introduce viruses, trojan horses or other malicious or unwanted code.
  • 6.3
    PA has the right to freely change the design, layout, content and similar of the Platform without notifying the Users thereof. This also applies if such changes entail a changed user experience.

7. PA's communication with users

  • 7.1
    PA may send e-mail or SMS to, or through the service communicate with, Users regarding the Platform, information about changes to the services and information about new features. This communication is considered as an integral part of the Platform, which means that it cannot be opted out. The User hereby accepts these communication methods.

8. Prices and terms of payment

  • 8.1
    The current prices for the services are shown on the Platform at the time of ordering. PA reserves the right to price the services freely and to change the prices from time to time.
  • 8.2
    Users must pay for the ordered service through the Platform's payment solution and must follow the instructions given in connection with the purchase.
  • 8.3
    In case of delay with payment, interest and other remuneration shall be paid in accordance with Swedish law. If the User is in delay with payment and PA has notified the User in writing to pay the due amount, PA may, 30 days after the written request to the User with reference to this clause, suspend the continued provision of the Platform/service until the User has paid the outstanding amounts.
  • 8.4
    PA reserves the right to transfer the debt to debt collection agencies and to take other legal action.

9. Subcontractors

  • 9.1
    PA has the right to use subcontractors to fulfill their obligations under this agreement. In such cases, PA ensures that necessary regulations regarding, for example, the Process of Personal Data are contained in the agreements between PA and the subcontractor.

10. Agreement period and termination

  • 10.1
    This agreement applies from the time the User has created the user account and is valid for the entire period of time that the User has an active user account.
  • 10.2
    If the User has bought a service, the service agreement period is the same period as the payment period, that is, either monthly, semi-annually, annually or the time agreed by the Parties. Users can choose to upgrade or downgrade their service agreement to any other service agreement that PA currently offers. The service agreement is valid until the end of the payed contract period.
  • 10.3
    Upon termination of the user account, the User will lose all data related to the user account.

11. Limitation of liability and disclaimer

  • 11.1
    The Platform is provided "as is" without any guarantees of any kind. Use of the Platform is at the User's own risk and of free will. The User is solely responsible for any damage caused by the use of the Platform or the services. The entire risk of use and reliance on safety or performance of the Platform lies with the User.
  • 11.2

    PA provides, among other things, services and information from third parties. PA has no control over such services or such information and does not guarantee its accuracy or that it will continue to be available, alone or via PA. PA is not directly or indirectly liable for any damage or loss related to services or termination of certain third-party services.

  • 11.3
    PA is also not directly or indirectly liable for damage or loss related to certain information or the absence of certain information from third parties.
  • 11.4
    PA cannot be held liable for any direct or indirect losses, non-profits, pure wealth damage or other types of losses as a result of a breach of contract or lack of agreement between Users, Users and third parties or similar.
  • 11.5
    By purchasing PA's services and/or using the Platform, Users agree that PA does not make any representations or warranties of any kind, neither expressed or implied, for example regarding the content of the Platform, the Services or similar.
  • 11.6
    PA cannot be held responsible for how the User chooses to make use of the information available through the Platform. Users are solely and fully responsible for their actions, including any failure to act.
  • 11.7
    PA hereby disclaims, to the extent permitted by applicable Swedish law, from liability for all direct and indirect damages and/or losses or damages caused Users or any third party in connection with the use of or obstacles to the use of PA's services or the Platform, regardless of how the damage occurs and whether the damage is caused by negligence, breach of contract or otherwise. This limitation of liability does not alter or limit a User's rights as a consumer and does not exclude or limit liability to the extent not permitted by applicable law.
  • 11.8
    Users are responsible for ensuring that the material that User submits to PA or publishes in the Platform does not violate applicable laws, regulations and/or third-party rights. The reliance on information published on the Platform is at the User's own risk. PA has the right to immediately prevent further dissemination of information in the Platform if it can reasonably be assumed that continued dissemination is in violation of applicable legislation. PA has the right to access all information transmitted or provided to the Platform in order to fulfill this right.

12. Statistics and anonymized data

  • 12.1
    PA has the right to anonymize all data contained in the Platform. The anonymization must be made in such a way that it is not possible to convert back to Personal Data. All ownership rights to anonymized data belongs to PA, who has the right to use and store such data without restriction in time. PA also has the right to use all data in the Platform for, for example, statistical and evaluation purposes and for the development of the Platform or PA's services.

13. Links

  • 13.1
    PA or third parties may provide links to other websites through the Platform. PA has no control over such linked websites and PA is not responsible for the availability of such external websites and is not responsible for any content, advertising, products or other materials available through such websites. PA cannot be held liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any content, goods or services available on or through such website.
  • 13.2
    PA cannot be held responsible for purchases made between Users and third parties that are published on the Platform, whether the buyer was referred to such third party through external links from the Platform or not.

14. Support and maintenance

  • 14.1
    14.1. PA provides technical support for application-specific questions regarding the functionality of the Platform and is responsible for correcting reported errors or technical problems. Support may be contacted through email or the chat feature on the Platform. Technical support is only available to Users with a valid service agreement. E-mail to technical Support: This email address is being protected from spambots. You need JavaScript enabled to view it.e.
  • 14.2
    The Platform is constantly updated. There is no guarantee that the Platform will be free from various disruptions or other technical complications. PA shall, to the best of its ability and within a reasonable time, remedy any reported errors or defects in the Platform.
  • 14.3
    Users are not entitled to deductions, refunds or other compensation or damages due to lack of access to the Platform or to technical errors, other errors or other interruptions in the Platform. PA cannot be held responsible for technical faults, viruses, Platform availability, other faults attributable to Platform functionality or similar, except for cases of gross negligence.
  • 14.4
    PA strives for the Platform to be available for use around the clock every day of the year. However, PA has the right to temporarily suspend access to the Platform for maintenance and service purposes, to protect the Platform from unauthorized attacks or to take other measures that are required for technical, operational or safety reasons. PA does not need to notify Users when such interruptions may occur. Lack of access to the Platform due to interruptions, faults or similar does not entitle Users to damages, repayments or other compensation.

15. Processing of personal data

  • 15.1
    PA Processes Personal Data in accordance with the applicable General Data Protection Regulation (GDPR) and is responsible for all Personal Data submitted by Users to the Platform/PA. PA is obliged to take appropriate technical and organizational measures to protect Personal Data in accordance with the current data protection legislation. More information about PA's Processing of Personal Data can be found in the publicly published Privacy Policy on the website: https://presidentacademy.online/en/privacy-policy.

16. Personal data processing agreement

  • 16.1
    PA may Process Personal Data for which the User is responsible for, when the User submits Personal Data to PA via e-mail, contact form or telephone or as a result of this agreement. In such cases, PA is to be regarded as Personal Data Processor to the User, and the User is Personal Data Controller for the submitted Personal Data.
  • 16.2
    PA may only Process Personal Data on behalf of and in accordance with the User's instructions. PA is hereby instructed to Process Personal Data in accordance with applicable data protection legislation and GDPR, in order to fulfill all obligations under the agreement with the User, in the manner specified in PA's Privacy Policy, in order for PA to be able to provide the Platform, purchased service and/or to contact the User in question.
  • 16.3

    The User hereby confirm, as Personal Data Controller, that the User:

    • Processes Personal Data in accordance with the requirements of GDPR,
    • have the Lawful ground to Process and disclose the relevant Personal Data to PA, including to any subagents that PA use and/or work with,
    • is solely responsible for the accuracy, integrity, content, reliability and legality of the Personal Data provided to PA,
    • agree that PA's implementation of technical and organizational security measures is sufficient to protect the privacy and Personal Data of Data Subjects,
    • shall not transfer any sensitive data to neither PA nor PA's subagents or subcontractors, e.g. information on ethnic origin, health, sexual orientation, political views, religious beliefs etc.
  • 16.4
    PA shall assist the User with appropriate technical and organizational measures, as far as possible taking into account the type of Processing and the information available to PA, in order for the User to fulfill its obligations under applicable data protection legislation regarding requests from Data Subjects and general data protection pursuant to Articles 32-36 of GDPR.
  • 16.5
    PA shall also enable the User to comply with the legal requirements applicable to information to relevant data protection authorities and Data Subjects in the event of Personal Data incidents.
  • 16.6
    PA may not respond directly to requests for disclosure of Personal Data from other Data Subjects without the prior consent of the Data Subjects, with the exception of what is statutory, for example through court decisions.
  • 16.7
    The User has the right to conduct an annual audit of PA's Processing of Personal Data and gives PA the authority, for security reasons, to decide that an audit should be performed by a neutral third-party auditor. The User is responsible for the costs incurred in connection with requested audits.
  • 16.8
    PA shall ensure the confidentiality, integrity and accessibility of Personal Data in accordance with applicable data protection legislation even after the contractual relationship between PA and the User has terminated. When the contractual relationship between PA and the User ends, PA will delete all unnecessary Personal Data Processed on behalf of the User. PA may retain Personal Data after termination of the contractual relationship to the extent required by law, with the same type of technical and organizational security measures as described in PA's Privacy Policy.

17. Force majeure

  • 17.1
    PA is exempt from liability and other liability for damage or failure to act, if it is due to an obstacle beyond PA's control which PA could not reasonably have expected and whose consequences PA could not reasonably have avoided or overcome, including but not limited to such as wars, natural disasters, lockouts or other labor conflicts, fires, interruptions in energy supply, and interruptions in the operation of electronic data processing caused by the above. The same applies if a subcontractor to PA is affected by obstacles referred to in this provision.

18. Amendments

  • 18.1
    PA reserves the right to change the terms of these Terms of Use at any time. Any changes to these Terms of Use apply after the amended version of the Terms of Use has been published in the Platform. The latest version of the Terms of Use is always published in the Platform and PA therefore recommends that Users regularly keep updated on the content of the valid Terms of Use.
  • 18.2
    PA reserves the right to make changes to its services and the Platform at any time. Changes may include, for example, changes in the range of services provided, changes in the technical solution for the Platform and/or the Platform's design and layout. PA also reserves the right to cease offering its services. Such termination of service that affects an active service for which a User has paid for, occurs after the User's current service agreement expires.
  • 18.3
    The User is hereby aware of that changes may cause certain functions to cease, change or be added and/or that the technical conditions for accessing the Platform/service change. Amendments/changes do not entitle Users to any compensation or similar.

19. Other provisions

  • 19.1
    Users may not transfer this Agreement, or their rights and obligations under this Agreement to a third party, without the prior written consent of PA.
  • 19.2
    PA has the right to, without the consent of the User, assign all or part of this agreement, or PA's rights and obligations under this agreement, to companies belonging to the same corporate group as PA.
  • 19.3
    Should any provision of this Agreement or part thereof be found to be invalid, this shall not mean that the Agreement in its entirety is invalid. Instead, only that part shall be found to be invalid and the Parties shall negotiate new applicable terms in the matter.

20. Applicable law and jurisdiction

  • 20.1
    This agreement shall be interpreted in accordance with Swedish law. Disputes arising out of the interpretation or application of these Terms of Use and related legal matters shall and shall be settled by a general court in Malmö (Sweden).