Terms and Conditions
This agreement applies as between you, the User of this Website and Swiss Education Academy SA the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services or information that Swiss Education Academy SA. makes available through the Website either now or in the future;
Services: means the services available to you through this Website, specifically use of the Swiss Education Academy SA. proprietary e-learning platform;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business
located at Avenue des Alpes 27, Montreux, Switzerland ;
System: means any online communications infrastructure that Swiss Education Academy SA. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that accesses the Website and is not employed by Swiss Education Academy SA., and acting in the course of their employment;
Website: means the website that you are currently using (www.online.swisseducation.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Swiss Education Academy SA., a company incorporated with the Swiss Registrar of Companies with Company registration Number CHE-103.784.568, in Avenue des Alpes 27, 1820 Montreux Switzerland.
Persons under the age of 18 should use this Website only with
the supervision of an Adult. Payment Information must be provided by or with the permission of an
2. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
3. Intellectual Property
- 3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Swiss Education Academy SA., our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Swiss and International intellectual property and other laws.
- 3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written and prior permission to do so.
4. Third Party Intellectual Property
- 4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written and prior permission to do so by the relevant manufacturer or supplier.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Swiss Education Academy SA. or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://www.online.swisseducation.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written and prior permission. To find out more please contact Us by email at firstname.lastname@example.org, or call us in the following number: +41(0) 219664743.
7. Use of Communications Facilities
7.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language as We may be
unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and
representatives of Swiss Education Academy SA., or Our affiliates; and
7.1.7 You must not use Our System for unauthorised mass-communication such as "spam"
or "junk mail".
- 7.2 You acknowledge that Swiss Education Academy SA., reserves the right to monitor any and all communications made to Us or using Our System.
- 7.3 You acknowledge that Swiss Education Academy SA., may retain copies of any and all communications made to Us or using Our System.
- 7.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
8.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be
8.1.3 you will keep this information accurate and up-to-date. Your creation of an
Account is further affirmation of your representation and warranty.
- 8.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 8.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 8.4 When signing up and entering your name and email, you are required adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your account.
9. Termination and Cancellation of Accounts
- 9.1 Either Swiss Education Academy SA. or you may terminate your Account without notice period. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 9.2 If We terminate your Account, any current or
pending orders or payments on your Account will be cancelled and provision of Services will not
10. Services, Pricing and Availability
- 10.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Swiss Education Academy SA. correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 11.8 for incorrect Services.
- 10.2 Where appropriate, you may be required to
select the required Plan of Services.
- 10.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 10.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 10.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 10.6 All prices on the Website do not include VAT unless written explicitly. Swiss Education Academy SA. is registered under VAT number CHE-286.471.469.
11. Orders and Provision of Services
12. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from Swiss Education Academy SA. If you need to speak to us about your Order, then please contact customer care on +41(0) 219664743, or by email at email@example.com or write to us at our address (see section 1 above).
13. Course Withdrawal and Refunds
Any purchase of a course or advanced certificate is final. No refunds will be granted. You can change a start date for a course you have purchased, as long as the change happens within 15 days of the start date. Any enrollment for a given course is considered final 15 days before the start of course. Swiss Education Academy SA. has no obligation to issue a refund or reschedule a course after this date.
15. How We Use Your Personal Information (Data
- 15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the UK Data Protection Act 2018, of the Swiss Federal Data Protection Act and of the European General Data Protection Regulation and your rights deriving from these acts.
- 15.2 We may use your personal information to:
15.2.1 Provide Our Services to you;
15.2.2 Process your payment for the Services; and
15.2.3 Inform you of new products and services available from Us. You may request
that We stop sending you this information at any time.
- 15.3 We will not pass on your personal information
to any other third parties without first obtaining your express permission.
- 16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 16.2 No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
- 16.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
- 16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
17. Changes to the Facilities and these Terms and
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Website
- 18.1 The Website is provided “as is” and on an “as
available” basis. XXX uses industry best practices to provide a high uptime, including a
fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or
Facilities will be free of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
- 18.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
- 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. In addition, as a general principle, Our responsibility is limited to unlawful intent and gross negligence. You should be aware that you use the Website and its Content at your own risk.
- 19.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- 19.3 Swiss Education Academy SA. or its partner institutions and members also make no warranty about the accuracy, completeness, timeliness, or quality of the site or any courses or content, or that any particular courses or content will continue to be made available. “partner institutions and members” means the entities providing information, content or services for the site, the course instructors and their staffs.
- 19.4 In particular, to the fullest extent permitted by applicable law, neither, Swiss Education Academy SA. its partner institutions or members will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not Swiss Education Academy SA. or any of the partner institutions and members has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data or interruption in availability of data).
20. No Waiver
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
22. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Swiss Education Academy SA.
- 23.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
24. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Swiss Education Academy SA. shall be governed by and construed in accordance with the the laws of the Canton of Vaud, Switzerland, and Swiss Education Academy SA. and you agree to submit to the exclusive jurisdiction of the Courts of the Canton of Vaud, Switzerland