Payment with Klarna
Payment is easy and secure with Klarna. You do not need to have a Klarna account to be able to pay. Complete the purchase directly with invoice, VISA, MasterCard and the Swedish banks Swedbank, SEB, Nordea, Danske Bank, Handelsbanken, Länsförsäkringar, Skandiabanken and Sparbanken Syd. Klarna maintains high security requirements and for all card payments, 3D-secure technology is used. Several million people have used Klarna, which is a well-known payment solution on the internet since 2004.
Read more here: Klarna General Terms and Conditions
The Newbie Guide’s Terms of Purchase
What’s covered in The Newbie Guide’s Terms of Purchase?
The terms and conditions regulate all aspects of the relationship between The Newbie Guide, the course organizers and the course participants. The terms and conditions cover, inter alia, the following matters:
- The booking and cancellation of courses
- Provisions regarding fees and payments
- The handling of complaints and refunds
- Personal data management
The terms and conditions also cover what a participant can expect from the courses offered on Newbie Guide’s website, as well as what Newbie Guide expects in terms of conduct from the course participants. In addition, the terms cover contractual provisions regarding termination, damages, discharge from liability and dispute resolution.
1 WHEREAS
1.1 These general terms and conditions (the “Terms”) always apply, unless otherwise agreed in writing, between The Newbie Guide To Sweden AB, reg.no 556934-4905, Ballonggatan 5, 169 71 Solna, Sweden, (“Newbie Guide”), and every participant (“Participant”) of the courses provided via Newbie Guide (the “Courses”).
1.2 Newbie Guide and the Participant are jointly referred to below as the “Parties” and individually as a “Party”.
1.3 These Terms regulate Newbie Guide’s provision of the Courses and the Parties’ relations in connection therewith.
2 APPLICABILITY
2.1 The Parties enter into an agreement when the Participant registers for the Courses and approves of the Terms on Newbie Guides websites; www.thenewbieguide.se and learn.thenewbieguide.se (the “Websites”).
2.2 By approving the Terms, the Participant declares that he/she has taken part of the information stated in the Terms. By approving the Terms, the Participant also approves Newbie Guide’s access to and handling of all information created or made available by the Participant when participating in the Courses.
2.3 Additional conditions other than those provided in these Terms may apply to certain Courses and will in such case be provided to the Participant in connection with the commencement of the Courses for which they are to apply. Such additional conditions shall be considered to be an integral part of these Terms.
2.4 Supplemental terms provided in writing to the Participant by Newbie Guide shall prevail over these Terms in the event of a conflict between the conditions.
3 THE COURSES
3.1 The content, structure and methods used in each Course are subject to a constant process of review and improvement. This means that the Courses a Participant attends may not be identical to previous Courses, and whilst they might be materially the same, they may not be identical to the description on the Websites or otherwise in Newbie Guide marketing materials.
3.2 The curriculum of the Courses is presented to the Participant not later than on the commencement of each Course. As the Courses continuously evolves, the curriculum applied in each Course may also change from time to time and deviate from what has been presented to the Participant earlier on the Websites or in other marketing materials.
3.3 If specified in the Course description, Course materials and literature will be provided to the Participant at the commencement of the Course.
3.4 The Participant will sometimes have to meet certain minimum requirements or pre-criteria in order to be eligible to partake in a Course. It is the Participant’s obligation to ensure that he/she meets the requirements and is eligible to partake in a Course before registering.
3.5 Newbie Guide may, at its sole discretion, reject an application for enrolment in a Course if Newbie Guide considers that the Participant does not fulfill applicable minimum requirements or pre-criteria for such Course.
4 THE PARTICIPANT’S OBLIGATIONS AND CODE OF CONDUCT
4.1 The Participant undertakes to comply with the at all times applicable instructions, technical specifications and other regulations that Newbie Guide provides for the Participant’s participation in the Courses.
4.2 Newbie Guide sets high standards into the education and its promise of educational quality to the Participants. In that lies a promise towards the Participants to provide Courses and an education environment that is free from nuisance and where the Participant have the full possibilities to succeed in the Participant’s education.
4.3 Newbie Guide is a tolerant environment that welcomes people of all backgrounds, nationalities, gender and of any opinion. However, Newbie Guide does not tolerate racism, sexism, bullying, hateful behavior, political or religious propaganda or other improper or disrespectful behavior and requires that every Participant behaves professionally, respectfully and with the highest ethical standards with regard to other Participants, the teachers of Newbie Guide, or in any other external relations when representing Newbie Guide or the education.
4.4 Further to the above, when participating in a Course, the Participant agrees to not:
a) damage any property belonging to Newbie Guide, other Participants or third-parties,
b) cause nuisance, impair collaboration with or between other Participants, disturb the possibilities to provide a high quality education, or in any other way show serious disruptive behavior,
c) impair the proper operation of any networks used during the Course,
d) license, sublicense, sell, transfer, or in any way distribute or commercialize educational materials, parts thereof or other content provided via Newbie Guide during the Course or to modify or make derivative works based upon such materials or content or remove any copyright or other proprietary notices contained in the content, material or information,
e) launch any automated program or script on or from the networks used, including, but not limited to, web robots, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of any network where applicable,
f) send or store material containing software viruses, trojan horses, worms, or other harmful computer code, scripts, files, agents or programs via used networks,
g) on or from the network send spam or otherwise duplicative or unsolicited messages in violation of these Terms and/or applicable laws,
h) attempt to gain unauthorized access to parts of the Courses or Course premises that are unauthorized; or
i) try to harm Newbie Guide, it’s brand, it’s teachers, fellow Participants or services in any way whatsoever.
4.5 The Participant shall compensate Newbie Guide for any damage Newbie Guide incurs due to the Participants breach of these Terms or applicable law.
4.6 The Participant is personally responsible for all activities carried out by him/her and for all information or material produced or made available by the Participant during his/her participation in the Courses. The Participant is also responsible for ensuring that all such information or material does not infringe the rights of third parties or violates applicable law and shall indemnify and hold Newbie Guide harmless in the event that his/her actions result in a liability for compensation in relation to third parties.
5 SUSPENSION AND EXCLUSION
5.1 If the Participant does not respect the obligations set out in these Terms, Newbie Guide reserves the right to suspend or exclude the Participant from a Course without the right of receiving any refund on the fees for the Course.
5.2 Before any suspension or exclusion, Newbie Guide is obliged to first initiate a discussion with the Participant informing the Participant of the issues at hand and providing a written warning to the Participant that repeated breach may cause suspension or exclusion.
5.3 Only after such warning as described in section 5.2 above is not heeded, Newbie Guide will have the right to suspend or exclude the Participant from a Course.
6 THIRD-PARTY COURSES
6.1 The Participant is aware that certain Courses offered on the Websites are provided by third parties (“Third-Party Courses”) and that Newbie Guide in such cases only acts as an intermediary between the Participant and the provider of the Third-Party Courses.
6.2 The Participant accepts that Newbie Guide takes no responsibility for the provision and quality of Third-Party Courses and that questions or claims regarding Third-Party Courses must be directed directly towards the provider of such Third-Party Courses.
6.3 The Participant approves that Newbie Guide engages external payment providers to enable the Participant to pay for the Courses or Third-Party Courses. The Participant further undertakes to review and approve eventual separate terms given by such external payment providers.
7 FEES
All fees are available on the Website and/or in other marketing material provided by Newbie Guide and are subject to change. However, Newbie Guide is not entitled to raise the price for Courses for Participants that have already registered for the Course.
8 PAYMENTS
8.1 Payment shall be made in accordance with the instructions given by Newbie Guide at any time.
8.2 If payments are not made in time, Newbie Guide may decide that the Participant will lose his/her place on the Course and any made advance payment will then be irrevocably lost and non-refundable.
8.3 In case of late payments, Newbie Guide is entitled to interest and administrative fees in accordance with applicable laws.
8.4 By commencing the Course, the entire Course fee is considered accrued to Newbie Guide even if a certain part of the fee is outstanding due to a payment plan option, meaning that the Participant will not be refunded the Course fee if the Participant is suspended or excluded from the Course pursuant to these Terms.
8.5 Furthermore, if the Participant fails to complete a Course due to any other reason than stated in these Terms, Newbie Guide reserves the right, in its sole discretion, to charge the Participant the full amount of the outstanding fees immediately following confirmation that the Participant will not be completing the Course. In exceptional circumstances Newbie Guide may, in its sole discretion, agree to waive payment of part or all of the outstanding fees.
9 REFUNDS
9.1 The Participant may only be refunded the Course fee provided the Course in which the Participant is enrolled is cancelled (whether prior to the Course commencing, or after its commencement) by Newbie Guide, in which case any Course fee that has been paid by the Participant will be refunded in full.
9.2 If a Course is temporarily suspended, no course fees will be refunded. If a Course is suspended for a period longer than one month Participants enrolled on that Course will be given the option of continuing the Course when it resumes or receiving a pro-rata refund of Course fees for the suspended part of the Course (based on the number of full weeks of the Course that was suspended, as a percentage of the total number of course weeks).
10 COMPLAINTS
10.1 Newbie Guide handles no complaints and claims regarding Third-Party Courses.
10.2 If the Participant wishes to issue a complain regarding the Courses provided by Newbie Guide, the Participant can contact Newbie Guide through the contact form provided on the Websites.
10.3 For a complaint to be valid, it must be reported immediately after the relevant circumstance of the complaint was or should have been discovered. Newbie Guide’s responsibility, however, is in any case limited to circumstances for complaints that are discovered and reported to Newbie Guide within 30 days from the Participant’s registration of the Course.
10.4 The Participant must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.
10.5 If the Participant complains about the Courses and provides the requested documentation, Newbie Guide will investigate the complaint and notify the Participant by e-mail within a reasonable time (normally within 30 days) if the complaint can be accepted and inform about the planned remediation process. Should Newbie Guide find that the Participant is entitled to a full or partial refund due to the complaint, repayment will be made as soon as possible.
11 LIMITATION OF LIABILITY AND DISCLAIMER
11.1 Even if Newbie Guide aims to deliver the highest quality in its Courses, the Courses are provided “as is” and Newbie Guide disclaims all representations and warranties, implied or express, with regard to any results from taking a Course.
11.2 Newbie Guide is further not responsible for the communication that takes place between Participants or between Participants, nor for the information or material that the Participants makes available through the Courses or the Participants’ actions and conduct in general.
11.3 Newbie Guide can also not be made responsible for any actions or services performed by any third party providers that may negatively impair the Participant’s experience of the Course. Newbie Guide does not assess the suitability, legality or ability of any third party providers and the Participant expressly waive and release Newbie Guide from all liability, claims or damages arising from, or that are in any way related to any third party providers. Newbie Guide will not be a party to disputes or negotiations between the Participant and such third party providers.
11.4 Further to the above, Newbie Guide shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal injury, lost profits, or property damage related to, in connection with, or otherwise resulting from the participation in a Course. Also, Newbie Guide shall not be liable for any damages, losses, costs or liability arising out of the Participant’s use of knowledge or skills gained from any Course.
11.5 Newbie Guide shall neither be liable for failure in performance or delay with regards to a Course resulting from causes beyond Newbie Guide’s reasonable control.
11.6 In no event shall Newbie Guide’s total liability to the Participant in connection with a Course exceed the obligation of repayment of already paid Course fees.
11.7 The limitations and disclaimer in these Terms do not purport to limit liability or alter the Participant’s rights as a consumer that cannot be excluded under applicable law (see more under the section “Certain consumer rights” below).
11.8 While Newbie Guide endeavors to update and ensure that the information contained in the Courses, on the website or in other marketing material is correct, Newbie Guide makes no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
11.9 Any claim or request for compensation due to damages in accordance with the Terms must be made to Newbie Guide within a reasonable time from the time the damages were discovered or should have been discovered (normally within 30 days).
12 PERSONAL DATA
12.1 Newbie Guide processes the Participant’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and the Swedish law (2018: 218) with supplementary provisions to the EU data protection regulation (jointly referred to as “GDPR”.
12.2 The Participant is referred to Newbie Guide’s privacy policy for more information regarding Newbie Guide’s personal data processing and adherence to the GDPR.
13 FORCE MAJEURE
13.1 With the exception of events where a Party has acted grossly negligently or intentionally, such Party shall be exempt from liability for breach of the Terms and/or sanction as a result of failure to fulfill obligations under the Terms due to circumstance that hinder or significantly impede or delay performance.
13.2 Such a circumstance is, for example, war, terrorist attack, authority regulation, action or omission, labor market conflict (even where the Party does not itself participate in the conflict), blockade, fire, restrictions on energy supply, flood or other natural disaster or accident of greater magnitude or other circumstances outside of a Party’s control, which the Party reasonably could not have foreseen and whose consequences the Party could not have reasonably avoids or overcome.
13.3 A Party wishing to invoke such a circumstance shall without delay inform the counterparty in writing of the occurrence or cessation of the circumstance.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 The Participant retains ownership to all content submitted by the Participant to Newbie Guide during the Course, such as text, files, images, photos, videos or other works of authorship. The Participant warrant that such content does not infringe on any third party rights and will indemnify and hold Newbie Guide harmless from all damages and costs in case of infringements of third party rights.
14.2 The Participant hereby grants to Newbie Guide a global, non-exclusive, irrevocable, perpetual, royalty-free license to use all submitted content in Newbie Guide’s marketing and sales, including without limitation the right to publicly perform, reproduce, display, modify, manage, distribute and store any of such content as part of the Websites or as part of any materials used to promote or advertise Newbie Guide anywhere in the world.
14.3 Newbie Guide may film, photograph or record the Participant as part of the creation of marketing, educational or other content (“Promotional Content”) to promote or publicize Newbie Guide or for other purposes and may permit other companies to carry out similar projects.
14.4 The Participant agrees that the intellectual property rights in respect of any Promotional Content hereby are transferred in full to Newbie Guide and the Participant grant all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Promotional Content or any part of it to be exhibited or otherwise exploited by all means, and in all media, and formats in perpetuity, distributed and transferred to another party.
14.5 Newbie Guide has the right to alter, adapt or make additions to or deletions from the Promotional Content as well as make, exploit and authorize the making and exploitation of any recording or fixation of the Participant’s appearance separately from or in conjunction with the Promotional Content.
14.6 The stated rights shall apply for all media and formats without cost, perpetually and on a global level. The Participant confirm that the Participant do not have any right to fees or remuneration and that the Participant shall not seek to enforce any rights whatsoever to remuneration or fees in respect of Promotional Content.
14.7 Newbie Guide is further the sole owner of all rights, including intellectual property rights to the Courses, including but not limited to rights concerning trademarks, trade names, design, text, software, etc., except for certain rights owned by Newbie Guide’s licensors (for example used in Third-Party Courses.
14.8 Nothing in the Terms shall be construed as if any of these rights being wholly or partly transferred to the Participant. Any copying, modification, transfer, licensing and/or other participation in Courses other than that allowed under these Terms is prohibited.
14.9 The Participant understands that the unauthorized use of Newbie Guide’s intellectual property rights or rights from Third-Party courses constitutes a breach of contract and may constitute a criminal action. Newbie Guide has the right to take legal action against the Participant in the event of such unauthorized use of the aforementioned intellectual property rights.
15 COMMUNICATION
15.1 The Participant agrees that all communication between the Parties, including but not limited to confirmation, reminder, termination, notices and other information in connection with the Courses and/or the Terms, shall be sent electronically by email between the Parties or by such other means as Newbie Guide specifies on the Websites.
15.2 The Participant undertakes to state the current and valid email address to which the Participant wishes the communication to be sent when registering for a Course and/or making a complaint and/or claim.
15.3 The Participant further undertakes to immediately notify Newbie Guide of any updates regarding the Participant’s contact information.
16 CHANGE OF THE TERMS
16.1 Newbie Guide has the right to amend or make additions to the Terms at any time, without first obtaining the Participant’s approval. An updated version of the Terms will be presented to the Participant and made available through the Courses.
16.2 If participation in Courses takes place after the amended Terms have been presented to the Participant, the Participant is deemed to have approved the new Terms.
17 CHANGES IN THE COURSES AND CANCELATION
17.1 Newbie Guide is entitled at any time, without prior notice, to change the structure of the Courses, as well as how the Courses are provided.
17.2 Newbie Guide also has the right to implement updates, develop, improve and modify the Courses to such an extent as Newbie Guide deems necessary or appropriate. Such changes may result in some of the Courses’ functions being changed, terminated or added.
17.3 Newbie Guide also has the right to at any time cancel the Courses in their entirety. Newbie Guide shall notify the Participant immediately in the event of such permanent cancellation of the Courses and refund any fees in accordance with section 9 above.
18 MISCELLANEOUS
18.1 The Participant may not assign or delegate any of his/her rights or obligations under these Terms.
18.2 Newbie Guide always has the right to assign its rights and obligations regarding the Courses and these Terms to such third party that procures Newbie Guide’s business.
18.3 If Newbie Guide fails to insist that the Participant performs any of his/her obligations under these Terms, or if Newbie Guide does not enforce its rights against the Participant, or delay in doing so, that will not mean that Newbie Guide has waived its rights against the Participant and does not imply that the Participant do not have to comply with those obligations. If Newbie Guide does waive a default by the Participant, it will only be made in writing, and does not imply that any later default by the Participant is thereby automatically waived.
19 CONSUMER RIGHTS
19.1 A Participant, who is a consumer according to the Swedish Distance and Off-premises Contracts act (Distansavtalslagen 2005:59), may have certain mandatory rights that deviate from these Terms and where such rules in such cases shall have precedence before these Terms. As part of the said legislation, a Participant has a right of withdrawal for online purchases within 14 days from the purchase. Any invocation of such right of withdrawal is preferably made through the contact form on the Websites but the Participant may also use the form available at Konsumentverket’s website.
19.2 The above stated right of withdrawal is not applicable in cases where the Course is digital and available directly upon purchase or in cases where the Participant has already started the Course.
19.3 Seats on Courses which are held with a physically present supervisor in small groups are hard to fill at short notice. Participants are therefore only afforded a refund if the Participant withdraws from a Course no later than 14 days before such Course starts.
19.4 If the Participant is entitled to a refund due to a withdrawal, such repayment will be made to the credit card, debit card or bank account used by the Participant to pay for the Courses.
20 APPLICABLE LAW AND DISPUTES
20.1 Swedish law shall apply to the Terms and the Courses.
20.2 Disputes arising in connection with the Terms shall, as a starting point, be resolved by agreement between the Parties. If the Parties cannot reach such an agreement within a reasonable time, the dispute may be referred to Allmänna Reklamationsnämnden (“ARN”) or other authority with the competence to handle the dispute.
20.3 Failing all other options, disputes shall be finally settled by Swedish general court with the district court of Stockholm as the first instance.
