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Terms and Conditions

 

The following terms (”Terms”) apply between a person or company who has accepted to be bound by them (”you”) and The Nutrivore (the “Tutor”), who provides online courses and/or memberships (as offered from time to time, referred to as the “Services”) through its website, app.thenutrivore.com (the “Website”). The Terms and your acceptance of them is hereinafter referred to as the “Agreement”, and you and the Tutor are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

By accepting the Terms and/or purchasing a course or membership, you acknowledge that you have read and understood these Terms and agree to be bound by the terms and conditions set out below.

1. DEFINITIONS

For the purpose of the Terms, the following expression shall have the following meanings:

"Know-how" shall mean knowledge, experience, data, technology, designs, techniques, drawings, software, and other information and knowledge, relating to the Services.

"Material" shall mean study material and all other material used in or otherwise related to the Services which is provided by the Tutor.

"Consumer" shall mean a person who purchases Services for its own, non-commercial, use according to the definition in the Swedish Act on Distance Contracts and Off-Premises Contracts (2005:59) (Swedish: distansavtalslagen).

2. PAYMENT

2.1.

The fee for the Services is from time to time published on the Website. Your payments for the Services shall be made by following the payment instructions set forth on the Website. Any payment will be made through a third-party's payment platform ("Third Party Financial Company", currently Stripe). You agree that the processing of payments shall be subject to the terms, conditions and privacy policies of the Third-Party Financial Company. The terms and conditions of the current Third-Party Financial Company (Stripe) can be accessed here: stripe.com/ssa.

2.2.

Any late payment shall accrue interest according to the Swedish Interest Act (1975:635).

3. CONSUMERS' RIGHT OF WITHDRAWAL

3.1.

In the event you are a Consumer, the provisions of this section 3 shall apply. All mandatory applicable laws and regulations shall apply to the Consumer (e.g. the Distance and Off-Premises Contracts Act (SFS 2005:59) and the Consumer Services Act (SFS 1985:716)). In relation to any Services purchased by you, you shall have a period of fourteen (14) days, to withdraw from your purchase ("Withdrawal period" or in Swedish; "ångerrättsperiod"). The Withdrawal period shall expire after fourteen (14) days from your purchase.

3.2.

However, if you start using the Services, you thereby accept that the right of withdrawal according to section above is waived. Notwithstanding this, you still have the right to terminate the Agreement in accordance with section 10 below. The right of withdrawal applies when the Consumer and the Tutor are entering into the Agreement in accordance with the Swedish Act on Distance Contracts and Off-Premises Contracts.

3.3.

If the Consumer withdraws from his/her purchase, the Consumer shall inform the Tutor of its decision thereof by sending an email to saul@saulcarter.com or by using the form available at the Swedish Consumer Agency's (Swedish: Konsumentverket) website (www.konsumentverket.se; “Ångerblankett”).

3.4.

If the Consumer withdraws from his/her purchase in accordance with this section, the Tutor shall, where applicable, reimburse the Consumer for any payments received from the Consumer. The Consumer is not entitled to any reimbursement if the Consumer has accessed the Services during the Withdrawal period.

4 . USE OF THE SERVICES

4.1.

Any information provided by you shall be correct and legal and you shall not damage, interfere with or prevent access to the Services or otherwise harm the Services. You shall only use the Services in a prudent manner. Further, you shall not upload or otherwise provide any content in the Service that may reasonably be considered as racist, sexist or otherwise discriminatory, and you may only use the Services in accordance with law.

4.2.

Any incorrect use may lead to being blocked from further use of the Services, without any reimbursement of payments already made to the Tutor. You agree and acknowledge that the Tutor maintains the right to delete any content submitted by you when using the Services, such as any comments submitted through comment fields.

5.UPDATES OF THE TERMS

5.1.

The Tutor retains the right to update, amend or otherwise modify the Terms at its own absolute discretion. Such updates, amendments, and modifications shall be published on the Website in due time prior to their entry into force and they will take effect on the date stated on the Website.

5.2.

If the price of the Services is increased or in the event of a material update, amendment, or modification of the Terms, you shall be notified thereof (by email and/or a notice on the Website) no later than 30 days before the amended price/terms become(s) effective. If you do not accept the amended price/terms, you have the right to terminate the Agreement in accordance with Section 10 whereby the agreed price and terms shall apply during the remaining part of the contract period. Your continued use of the Services after having received a such notice as referred to above, shall be deemed as your acceptance of the amended price/terms.

5.3.

For the avoidance of doubt, any such updates, amendments and modifications (including in relation to price increases), may apply in relation to a certain user only (including you).

6.WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS

6.1.

The warranties and limitation of liability provisions of this section 6 apply to the fullest extent possible under applicable law (subject to section 18). More favourable terms may apply in relation to you if you are a Consumer (as set forth in the Swedish Consumer Sales Act (2022:260) (Swedish: konsumentköplagen) and/or the Swedish Consumer Services Act (1985:716) (Swedish: konsumenttjänstlagen)).

6.2.

The Services are provided without warranty of merchantability or fitness for a particular purpose or any other warranty, expressed or implied. The Tutor does not warrant or guarantee that the Services will be provided without interruptions, that any non-conformity arises, nor that the Services are free from defects and other errors. The Services are provided on an "as-is" basis and the Tutor does not provide any express warranties including without limitation regarding the standard, delivery, timing, and security of the Services. The Tutor will use its best efforts to ensure the availability of the Services.

6.3.

The Tutor reserves the right to modify, suspend, remove, and amend the Services, including the content of the Services, in its own discretion and without prior notice. Amendments that significantly alter your use of the Services will, however, be announced to the Customer at least 30 days before the change becomes effective whereupon the Agreement may be terminated in accordance with the principles of clause 5.2.

6.4.

The Tutor is not responsible for services, or any other activities provided by its associated partners or any other third parties (including when the Services include links to websites provided by third parties). The Tutor shall not be held responsible for any measures taken by its associated partners or any other third parties, including but not limited to changes in ownership, insolvency and/or litigation.

6.5.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, YOU SHALL NOT (AND SHALL NOT PERMIT ANY THIRD PARTY) TO USE THE SERVICES IN A MANNER THAT WOULD INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF THE TUTOR OR ANY THIRD PARTY, OR FOR ANY ILLEGAL TRANSACTION OR UNLAWFUL PURPOSE.

7. LIMITATION OF LIABILITY

7.1.

Any claim for compensation by you must be made at least two (2) calendar months after the date when you first became aware of the circumstances which entitle to compensation. Notwithstanding anything said in this Agreement, the Tutor does not seek to limit liability in respect of mandatory laws and regulations in respect of Consumers or otherwise.

7.2.

The Tutor's liability under these Terms shall at all times be limited to the amount equal to the total fees paid by you for Services during the twelve (12) calendar months prior to the claim. If twelve (12) calendar months have not passed since you purchased the Services, the limitation shall nevertheless be equivalent to twelve (12) calendar months of the total fees that would have been paid.

7.3.

No Party shall be responsible to the other Party for indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts.

7.4.

Notwithstanding anything said in these Terms, neither Party excludes liability for gross negligence, intentional misconduct, fraudulent misrepresentation, or personal injury. Notwithstanding anything said in these Terms, the Tutor is not seeking to limit any right that you may have under mandatory laws and regulations.

8. DATA PROCESSING AND TRANSFER

Your personal data shall be treated in accordance with the Tutor's Privacy Policy, available at app.thenutrivore.com/policy/privacy and shall be subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation ("GDPR").

9. INTELLECTUAL PROPERTY RIGHTS

9.1.

By purchasing the Services, you are granted a non-commercial, non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable licence to use the Services solely for their intended purpose. The Tutor retains the right to all trademarks, non-registered trademarks, all intellectual property rights, including copyright, patents, sui generis database rights and the right to all concepts and technologies held by the Tutor. You may not use the Tutor's trademarks and/or Know-how or other intellectual property rights held or licenced by the Tutor without the prior written consent from the Tutor. You may not at any time abuse the Tutor's trademarks and/or Know-how or other intellectual property rights held or licenced by the Tutor.

9.2.

You are provided with the right to use the Material for the purpose of the Service and for your private purposes only. You do not have the right to copy, distribute or otherwise reproduce the Material or otherwise reproduce or develop the Service for other than personal use.

10. TERM AND TERMINATION

10.1.

The Terms shall enter into force on the date when you accept the Terms ("Effective Date") as set forth in the preamble of the Terms.

10.2.

If you purchase an online course, you have the right to access such and complete it at your own pace however subject to any express limitation period that the Tutor may regulate. If the Tutor has regulated otherwise in writing on its website, then such terms shall apply and take priority of these Terms.

10.3.

If you subscribe for a membership, current fee structure and the term of such membership is set forth on the Tutor's website: app.thenutrivore.com.

11. PREMATURE TERMINATION DUE TO BREACH OF CONTRACT OR INSOLVENCY

11.1.

Without prejudice to any remedy, it may have against the other for breach or non-performance of the Agreement, either Party shall have the right to terminate the Agreement by giving the other Party not less than thirty (30) days notice in writing:

  1. if the other Party should commit or permit a breach or non-performance of essential importance to the other Party; or
  2. if the other Party should enter into liquidation, either voluntary or compulsory, or become insolvent or enter into composition or corporate reorganisation proceedings or if execution be levied on any goods and effects of the other Party or the other Party should enter into receivership.

11.2.

Notice of termination shall be given without undue delay after the circumstance constituting the breach was or should have been known to the aggrieved Party.

11.3.

In the event of your substantial breach of the Terms or if you otherwise misuse the Services, the Tutor shall also be entitled to suspend you from further use of the Services. In the event the Tutor suspends or terminates your use of the Services, you understand and agree that you shall not be entitled to any reimbursement of payments previously made to the Tutor.

12.  CONFIDENTIALITY

All information contained in the Services shall be treated confidentially. You must treat all Material confidentially and undertake not to distribute the Material or share the Material with any third party (i.e., including a party which has not purchased the Services), without prior written consent from the Tutor.

13. ASSIGNMENT OF THE AGREEMENT

You may not wholly or partly assign or pledge your rights or obligations under the Terms to any third party without the prior written consent of the Tutor.

14. NOTICES AND LANGUAGE

Any notice, request, consent and other communication to be given by a Party under the Terms shall be in the English or Swedish language. Any notice to be given by either Party pursuant to these Terms must be in writing and may be sent by email to the email address of the recipient Party or as otherwise stipulated by the Tutor.

15. AMENDMENTS

These Terms may be amended from time to time. Supplemental terms and conditions or documents are hereby expressly incorporated herein by reference. You waive any right to receive specific notice of each such amendment.

16.  FORCE MAJEURE

16.1.

Either Party is relieved from any and all liabilities by reason of any circumstances beyond its immediate control, which impedes, delays or aggravates any obligation to be fulfilled by it under the Terms, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labour disputes, blockades, major accidents, epidemic, pandemic (including any governmental decisions related to Covid-19) and currency restrictions. The reservation in respect of labour disputes or blockade is applicable even if the Party claiming relief itself initiates or is the object of such action.

16.2.

The Party affected shall give prompt notice thereof to the other Party. However, a Party shall immediately notify the other Party of any such event and actively seek to overcome the impediment.

17.

ENTIRE AGREEMENT

The contents of the Terms shall supersede all previous written or oral commitments and undertakings.

18.

SEVERABILITY

In the event any provision of the Terms or part thereof is held to be invalid, this shall not mean that the Terms as a whole are invalid; instead, a reasonable adjustment shall be made to the Terms to the extent the invalid provision has a material effect on the Parties' rights and obligations and performance under the Terms.

19.

WAIVER

No consent or waiver, expressed or implied, by either Party of any breach or default of the other Party in performing its obligations under the Terms shall be deemed or construed to be a consent or waiver of any other breach or default by the other Party of the same or any other obligation hereunder. Any failure by one Party to complain of any act or failure to act of the other Party or to declare that other Party in default shall not constitute a waiver by the first Party of its rights under the Terms. No waiver of any rights under the Terms shall be effective unless in writing and signed by the Party purporting to give the same.

20. COMPLAINTS AND DISPUTES

20.1.

If you file a complaint, such complaint may be sent to the Tutor by email, using the following address: saul@saulcarter.com

20.2.

In the event you are a Consumer, you also have the right to report or file a complaint to the general complaints board in the applicable country. The Swedish general complaints board is the National Board for Consumer Disputes (ARN): www.arn.se.

20.3.

You may, in case of a transnational dispute, avail of the online dispute resolution platform of the European Union, which is available here: ec.europa.eu/consumers/odr.

20.4.

The Tutor and you endeavour to use their reasonable efforts to negotiate and settle any dispute or claim that may arise in relation to these Terms.

20.5.

These Terms and all matters in relation to the Agreement shall be construed in accordance with Swedish law and the Swedish courts shall have jurisdiction, however always subject to mandatory consumer law.