Generact General Terms & Conditions
The following terms and conditions apply to the services provided by GenerAct AB (“Generact”) through the website www.generact.com and the individual user accounts provided through the website for use on our Learning Management System subdomain site (the “Website”). By entering into an agreement on the provision of services with Generact, you (the “Customer”) consent to these terms and conditions.
1 Generact’s services
1.1 Generact provides services within leadership, communication, change process, team development, negotiation, and personal coaching. Generact sets up tailored programs for companies and provides open programs and courses to the companies’ employees, often on managerial level, but not exclusive front line employees. Generact’s services are provided through group classes and individual coaching sessions which take place in physical face-to-face meetings, on-line video conference, telephone meetings, and via courses on the Website.
2 Use of the Website
2.1 When attending a Generact program or course, Generact offers the participants (“Participant”) access to the Website. Participants will receive a user name and a password to their individual user account. The Customer is responsible for the Participant’s use of the Websites in accordance with these terms and conditions.
2.2 The Website provides information about Generact and its services. The individual user account offers personalized content containing the program or course material, and when logged in to the individual user account Participants can perform various interactive features.
2.3 The Customer is solely responsible for all activities that occur on the Website. The Participant shall provide current and accurate information as requested and notify Generact promptly of any changes to the information of the Participant so that the individual user account is complete and accurate. The Participant shall maintain the confidentiality and security of the account, including user name and password. The Participant or Customer shall notify Generact immediately of any unauthorized use or breach of security of the Website and assist Generact, if so requested, to stop or remedy any such breach of security.
2.4 The Website shall be used for lawful purposes only and in accordance with these terms and conditions. In using the Website the Participants must not do any of the following:
- Post, transmit or otherwise make available any materials that are or may be: (i) threatening, harassing, degrading, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, fraudulent or otherwise tortious; or (iii) potentially harmful or intended to damage the operation of, or to monitor the use of, any hardware, software of equipment, such as virus, Trojan horse, Easter Egg or other computer code, file or program.
- Post, transmit or otherwise make available through the Website any material protected by copyright, trademark, trade secret or any other proprietary right, without the express prior written consent of the owner.
- Use the Website for any commercial purpose or otherwise for processing data or other information on behalf of a third party.
- Reverse engineer, decompile of disassemble any portion of the Website or reproduce, modify or create derivative works of the Website, without Generact’s prior written consent.
2.5 Generact may at any time and without notice terminate use of the Website if the Participant is in breach of these terms and conditions. Generact has the right to alter or delete materials from the Website at any time and at its discretion, and may suspend the operation of the Website for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website. Access to or use of the Website or any sites or pages linked to by the Website will not be necessarily uninterrupted or error free.
3 Ownership, intellectual property rights
3.1 The domain of the Website is a registered domain owned by Generact. Except where expressly stated otherwise, the intellectual property rights in all content of the Website and its structure, such as source code, designs, text, graphics and logos, belong to or is licensed to Generact.
3.2 Except to the extent expressly set out on the Website, Customer and/or Participant are not allowed to download and/or re-use parts of the Website, make copies of any part of the Website, remove or change anything on the Website, create links to or from the Website without Generact’s prior written consent, or remove or change any copyright, trade mark or other intellectual property right notices contained in any materials or copies thereof.
4 Warranties, indemnification, limitation of liability
4.1 Generact aims to deliver the highest quality and most professional level of service possible and therefore warrants that the services provided by Generact will be supplied with the utmost skill and care that may be reasonably required.
4.2 The Website is however made available on an “as is” basis. Generact makes no representation or warranty with respect to their functionality or availability, and gives no guarantee that they are complete or accurate, nor regarding any results the Customer and/or the Participant may obtain from the information on and/or use of the Website.
4.3 The Website may include links to external sites and co-branded pages. Generact has included links to these sites and co-branded pages to provide the Participants with access to information and services that the Participants may find useful or interesting. However, Generact is not responsible for the content of these sites or pages or for anything provided by them.
4.4 To the maximum extent permitted by law, Generact excludes all liability for any loss or damage arising in connection with the Customer’s or the Participant’s use of the Website. Generact shall in no event be liable for any special, indirect, incidental or consequential damages, including without limitation damages for loss of profits, revenues, opportunities or loss of data.
5 Data protection
5.1 In order to provide its services, Generact collects personal data of its Customers, the representatives of its Customers and the Participants. Generact also collects personal data provided by the Participants on the Website. When performing its services, Generact processes the collected personal data as controller only, and does not process personal data as a processor on behalf of its Customers.
7 Severability and no waiver
7.1 If any provision of these terms and conditions is held to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
7.2 Any failure to enforce a provision of these terms and conditions, will not constitute a waiver of any right Generact may have with respect to these terms and conditions or otherwise.
8 Governing law, disputes
8.1 These terms and conditions and all issues regarding the provision of our Services shall be governed by the substantive law of Sweden.
8.2 Any dispute, controversy or claim arising out of the provision of our Services or in connection with these terms and conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Malmö, Sweden. The language to be used in the arbitral proceedings shall be English.
8.3 Notwithstanding clause 8.2 Generact is entitled to commence proceedings for the payment of any amount due to us in any court with jurisdiction over the Customer or the Customer’s assets.