Welcome to Sport Without Limits. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our rules.

SPORT WITHOUT LIMITS AB.
TERMS OF SERVICE
VERSION LAST REVISED ON 10 OCTOBER 2016
PART I – GENERAL
1. Applicability
1.1.These terms of service (“the Terms of Service”) govern the contractual relationship
between Sports Without Limits AB. (“SWL”) and the user (“You or Your”) of http://
www.sportwithoutlimits.com/ (or any page indexed therein) (“the Site”).
1.2.The Site, operated by SWL is a marketplace for teachers (“Teachers”) who provide
courses (“the Courses”) on sporting and leisure activities.
1.3.You shall be either a purchaser (“Purchaser”) of the Courses or a Teacher.
1.4. By using the Site, purchasing any of the Courses on the Site or by offering any
Courses on the site (“the Services”), your contractual relationship with SWL shall
be governed by these Terms of Service and you hereby agree that you have read this
document, along with any supplementing agreements and documents (“the
Supplementing Agreements”) and that you agree to be bound by the terms set out
herein and in any Supplementing Agreement set out on this site.
1.5.The headings in this Terms of Service are for convenience only.
2. Permission
2.1.You may only use the Site or Services if you have reached the age required, in the
province state, jurisdiction or territory in which you reside, in which is legally
required to form a legally binding contract. You may not use the Site if you live in a
jurisdiction where access to or use of the Site, enter into a contract for the Services
or for any other reason, use may be illegal or prohibited.
3. Changes to this Agreement
3.1. SWL reserves the right to change or update the Terms of Service and any of the
Supplementary Agreements with thirty (30) days’ prior notice, by sending such
notice via e-mail to the address provided by You on the Site. Attached to such email
notice shall be a copy of the new version of the Terms of Service or
Supplementary Agreements.
3.2.Should the user not be willing to accept the revised Terms of Service or
Supplementary Agreements, the user’s sole remedy is to stop using the Services
provided by SWL. If SWL has not received a notice of termination of use from You
within the thirty (30) days following the Your receipt of the notice of revised Terms
of Service or Supplementary Agreements, the user hereby agrees that the new and
revised document shall replace and supersede the previous version and be effective
as of the thirty first (31st) day following the user’s receipt of SWL’s notice.
3.3.If You have not registered with the Site You shall be bound by any revised
agreements on the date that they are implemented and You shall be asked to agree
those documents upon agreeing to use any of the Services.
4. Email Registration and Account Security
4.1. By registering your email address and/or creating an account on this Site, you
expressly request to become a member of SWL and to receive our Services, which
consist primarily of the communication of exclusive offers and promotions via
email.
4.2.By creating an account on the Site, you hereby agree that you are solely responsible
for maintaining the confidentiality of the password(s) associated with your account.
You agree that you will not directly or indirectly allow any third party access to
your account details and that you will be solely responsible for all activities and
transactions that take place under your account and for any and all use or misuse of
your password or account.
4.3.If you become aware of any unauthorized use of your account, you agree to notify
SWL.
4.4.If You are nervous about shopping on the web, don’t be. We use secure servers with
state-of-the-art encryption and secure sockets layer (SSL) technology for the
transfer of credit card information. Additionally, we have security measures in place
to protect our customer database and access to this database is restricted internally.
5. Third Party Interference and Damage to Access Devices
5.1.Although SWL has security measures in place, you hereby accept that SWL are not
responsible for any third party interference with the Site. This includes any access to
your account details by third parties, any software implemented into the website that
causes any damage to the device used to access the site or anything that causes any
damage to you whatsoever caused by third party interference.
5.2.You hereby agree that you are responsible for the devices You use to access the Site
and its compatibility required to access the site. SWL cannot be held responsible for
any bug or improper use of equipment used to access the Site whether through a
web browser or device application.
6. Lawful Use and the Website
6.1.The User shall not use the Site for any unlawful purpose. Strictly prohibited actions
include transmitting material:
6.1.1. that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening,
invasive of publicity or privacy rights, or otherwise objectionable;
6.1.2. that violates or infringes upon the rights of others in any way;
6.1.3. that encourages others to commit unlawful acts;
6.1.4. that contains publicity, advertising, or solicitation for goods or services that did
not receive prior approval from SWL; and/or
6.1.5. that prevents other users from using and enjoying the Site.
6.2.SWL does not control or monitor any content uploaded by You and other users of
the Site and therefore does not guarantee any reliability, lawfulness, validity,
accuracy or truthfulness of such content.
6.3.SWL takes no responsibility for the content uploaded by You or its other users.
7. Ownership, Copyright and Trade-marks
7.1.You agree and acknowledge that we own or are licensed to use all copyright,
database rights, trade marks and other intellectual property rights in and to all parts
of the Site, and to the business of SWL, including the structure, design, essence and
layout of the Site and any text placed in it.
7.2.You are entitled to use the Site in accordance with these Terms and Service only.
You must obtain our prior written consent before you use the Site or any part of it in
any other manner than herein prescribed.
7.3.All persons, individual and corporate, are prohibited from providing hypertext or
other links to the Site, other than to our home page, from their own web site or from
a third party’s web site, without our prior written consent.
8. Disclaimers and Limitation of Liability
8.1. SWL shall use all commercially reasonable efforts to keep the Site and the Service
available twenty four (24) hours a day, seven (7) days a week. Notwithstanding the
foregoing, SWL reserves the right to make the Site and the Service unavailable from
time to time in order to install new releases, to perform maintenance, or to
undertake activities to protect the Site, the Service or the information provided
through them. SWL will make all reasonable efforts to notify You of planned system
changes three (3) days in advance by posting clear notices on the Site. Furthermore,
SWL does not assume responsibility for unavailability and downtime caused by
force majeure or other events and circumstances beyond SWL’s control, it being
understood that failure in the transfer of data, problems inherent in the use of
communication facilities and failures caused by the user not adhering to SWL’s
instructions or policies will always be considered circumstances beyond SWL’s
control.
8.2.Users acknowledge that SWL is not a broker nor a provider or supplier of any of the
Courses, available to buy, listed on the Site. SWL is not a party to transactions or
contractual arrangements that may arise between Purchasers and Teachers. Because
SWL’s Teachers are independent companies/contractors with their own operating
policies, procedures and processes, and because they operate independently of
SWL, SWL cannot and will not control or monitor their actions. Nor does SWL
assume any responsibility for any of the Teacher’s errors or omissions. Any
agreements entered into by You with other Teachers or Purchasers as a result of the
use of the Services are at the sole discretion and risk of You, and You bear the full
responsibility for the payment and performance of all arrangements and agreements
entered into with other suppliers. BY AGREEING TO THESE TERMS OF
SERVICE, THE USER ACKNOWLEDGES AND AGREES THAT SWL SHALL
NOT BE RESPONSIBLE FOR, AND SHALL NOT INCUR ANY LIABILITY
TOWARDS YOU AS A RESULT OF, ANY LOSS OR DAMAGE CAUSED BY
THE ACTS OR OMISSIONS OF OTHER TEACHERS OR PURCHASERS,
REGARDLESS OF IF SWL FACILITATED THE UNDERLYING
TRANSACTIONS AND REGARDLESS OF THE BASIS OF SUCH CLAIMS,
AND THE MEMBER HEREBY WAIVES AND RENOUNCES ANY RIGHT IT
MAY OTHERWISE HAVE TO CLAIM INDEMNIFICATION FROM SWL IN
SUCH RESPECT.
8.3.YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR
ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SWL, ITS
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY
WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE
CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE
THROUGH THE SITE.
8.4.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY
PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE
YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
8.5.YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY
RESPONSIBLE FOR INCLUDING ANY VALUE ADDED TAX (“VAT”) IF YOU
ARE SELLING COURSES ON THE SITE AND VAT REGISTERED IN ANY EU
COUNTRIES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU
ARE SOLELY RESPONSIBLE FOR REMMITTING ANY VAT RECEIVED ON
PURCHASES TO THE MEMBER STATE IN WHICH IT WAS PURCHASED.
8.6.SWL PROVIDES THE SITE AND THE SERVICE AS IS, WHERE IS, AND AS
AVAILABLE. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, SWL
MAKES ABSOLUTELY NO WARRANTY OR CONDITION OF ANY KIND
WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY. SWL SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. SWL MAKES NO WARRANTY
REGARDING THE ACCURACY OF ANY DATA PROVIDED BY OTHER
MEMBERS. FURTHERMORE, SWL DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE AND
THE SERVICE, AND THE USER IS HEREBY PUT ON NOTICE THAT
OPERATION OF THE SITE AND THE SERVICE MAY BE INTERFERED WITH
AND INTERRUPTED BY NUMEROUS FACTORS OUTSIDE SWL’S
CONTROL.
9. Disclaimer as to the Products and Services
9.1.ALL COURSES PURCHASED ON THIS SITE ARE SUBJECT TO ANY
APPLICABLE WARRANTIES OF THE RESPECTIVE TEACHER. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE COURSES LISTED OR PURCHASED ON OR THROUGH THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR FAILURE, CLAIMS
THAT ARE DUE TO MISUSE OF THE COURSE, MISUNDERSTANDING OF
COURSE INSTRUCTIONS, INJURY AS A RESULT OF UNDERTAKING THE
COURSE, PHYSICAL INABILITY TO UNDERTAKE THE COURSE,
ENVIRONMENT INABILITY TO UNDERTAKE THE COURSE, ABUSE,
COURSE MODIFICATION, IMPROPER COURSE SELECTION, NONCOMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO
THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
10. External Links
10.1.This Site may contain links, services or references to other websites outside of our
control. We are not responsible for these websites or any contents thereof. The
inclusion of any such links on our pages shall not constitute an endorsement of, or
representation or warranty by, us regarding the content of such websites, the
products or services of such websites, or the operators of such websites. You should
consult the other websites’ privacy policies and terms of use as we have no control
over information that is submitted to, or collected by, these third-party websites. We
will not be liable for any damages, losses or expenses, even if foreseeable, that may
arise from your use of these third-party websites or for the actions and customer
information practices of any website to which our Site links or refers.
11. Liability
11.1.You hereby agree to indemnify, defend and hold harmless SWL, its affiliates and
their respective advertisers, agents, licensors, suppliers, officers, directors,
shareholders, employees, agents, service providers and other contractors
(collectively “SWL Indemnified Parties”) from and against any loss, expense,
damage, cost, liability, claim, demand made by a third party, including, but not
limited to, reasonable legal costs and accounting expenses), sustained, incurred or
paid by the SWL Indemnified Parties and arising from or related to:
11.1.1. The access or use of the Site and SWL Services by You (or any other users of
your account), including, without limitation, Your or others’ access to Site
content or any content or other materials available by means of third-party
websites;
11.1.2.Violation of these Terms of Service or breach of the Terms of Service (including,
without limitation, any representation or warranty contained in this Agreement)
or any activity related to your use of the Site; or
11.1.3.Your content or provision to the Site of information or any other products,
postings, offerings, data or materials. You will assist and co-operate as fully as
reasonably required by the SWL Indemnified Parties. The SWL Indemnified
Parties will have the right, but not the obligation, to participate through counsel
of their choice of any defense by you or any claim as to which you are required
to defend, indemnify or hold harmless the SWL Indemnified Parties (the
“Indemnified Claim”). You may not settle any Indemnified Claim without the
prior written consent of the concerned SWL Indemnified Parties.
12.Termination
12.1.We may restrict, suspend or terminate Your access to the Site, in whole or in part
(including the right to disable your username or password), and/or, Your ability to
offer Courses on the Site and/or Your ability to avail of any of the services on the
Site, including membership services, with or without notice, for any reason or no
reason at all, including but not limited to if we believe that you have breached these
Terms of Service or Supplementary Agreements at any time. Any such restriction,
suspension or termination will be without prejudice to any rights which we may
have against you in respect of your breach of these Terms of Service or
Supplementary Agreements. Please note that we have the ability to trace your IP
address and if necessary contact your ISP in the event of a suspected breach of these
Terms of Service. We will determine your compliance with these Terms of Service
in our sole discretion and our decision shall be final and binding and not subject to
challenge or appeal.
12.2.No revocation or termination for any reason of any (or all) of the rights, licenses
and/or privileges granted to you under the Terms of Service shall affect SWL’ right
to payment, as and when due, of any amounts payable by you to SWL.
PART II – TEACHER TERMS
13.Teacher Services
13.1. SWL shall provide a marketplace and use its best efforts to gain more users and
Purchasers of the Site. SWL does not guarantee sales of Courses to Teachers.
13.2.The teacher shall ensure that all Courses are conducted with professionalism and the
quality of the Courses are fit for purpose.
13.3.The Teacher hereby guarantees that they have the relevant qualifications, expertise,
skill or experience required to teach the Course. They shall also be responsible for
providing accurate information as to their background and their credentials when
promoting a Course on the Site.
13.4.When producing content on the Site, the Teacher hereby agrees that they own the
Intellectual Property of that content and shall indemnify the Company against any
breach by the Teacher of this clause.
13.5.The Teacher hereby agrees that the Courses shall only be for the purposes of tutoring,
teaching or instructing a particular activity. SWL reserves the right to take down any
course for unsuitability reasons.
13.6. The Teacher may offer as many courses on the Site as they wish, however SWL
reserves the right to limit a Teacher’s courses on a fair use policy.
13.7.The Teacher is solely responsible for providing the description and any promotional
content, unless otherwise agreed with SWL through the provision of paid marketing
services. The Teacher must ensure that the description and promotional content
accurately describes the Courses and that the Courses are legitimate, not prohibited
and adhere to any other applicable laws and legislation including distance selling.
13.8.The Teacher is solely responsible for the contract between them and the Purchaser.
The Teacher shall respond to any complaints or queries by the Purchaser to the best
their ability. If no response is forthcoming from the Teacher SWL may be required
to answer the query or complaint on behalf of the Teacher, this may include offering
a refund to the Purchaser.
13.9.The Teacher hereby agrees to follow any of SWL’s policies or instructions regarding
the offering, presentation and promotion of Courses.
13.10.Before the Teacher can offer a Course for sale, they must complete the Teacher
registration form.
13.11.The Teacher hereby agrees that they shall not upload or promote or send to any
Purchaser or Potential Purchaser, any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes or any other
form of solicitation (commercial or otherwise) through the Site.
13.12.The Teacher shall not interfere with or otherwise prevent other Teachers from
providing their services or Courses.
14.Payment
14.1. Since SWL use a subscription business model, the payment to the teacher will depend on how many times students have taken a course. SWL takes 40% of the income and 60% will be divided between the teachers. The 40% fee taken by SWL is in consideration for providing the
marketplace on the Site and bringing Purchasers to the Site.
14.2. SWL are solely responsible for providing the purchase price on subscriptions.
14.3. SWL reserves the right to alter the Teacher Fee.
14.4.SWL shall take the payments for all Courses purchased by the Purchasers. SWL shall
then transfer the purchase price, minus the Teacher Fee and any applicable VAT
charged by SWL on the Teacher Fee (“Net Receipt”).
14.5.SWL reserves the right to increase or decrease the Teacher Fee on any specific
transaction in connection with SWL’s marketing and promotional efforts (including
through specific Marketing Services).
14.6. Net Receipts shall become withdrawable within forty-five (45) days of the end of the
calendar month once the teacher has reached 5000kr in income for their courses.
14.7.All of the Teacher’s sales during a relevant calendar month shall accumulate until the
end of that calendar month once the teacher has reached 5000kr in income.
14.8.SWL shall be responsible for invoicing and taking payment from the Purchaser.
14.9.The Teacher must ensure their payment details are correct and entered on the Teacher
enrolment form.
14.10.The Teacher shall also be able to create codes for Purchasers that they introduce to
purchase their Course (“Introduction Code”).
plus VAT.
15.Tax
15.1.SWL charge VAT to Purchasers of Courses.
15.2.SWL are responsible for building in VAT in the Purchase Price. The Site does
not allow Teachers to only add VAT if they are VAT registered and therefore if a
Teacher is VAT registered, they are responsible for including it in the Purchase
Price. SWL will give the residency details of the Purchaser, so that the Teacher can
remit the correct rate of VAT to the applicable EU member state in which the
Purchaser resides.
15.3.SWL charges VAT on the Commission services. The Teacher shall be responsible
for paying all VAT charged by SWL.
15.4.If tax in any other territory is applicable to the sale of the Teacher’s Courses, the
Teacher is solely responsible for building that sales tax within the Purchase Price.
15.5.The Teacher shall indemnify and hold SWL harmless against any and all claims by
any tax authority for any underpayment of VAT, and any penalties and/or interest
thereon.
15.6.If Teachers are VAT registered, the Teacher shall be responsible for informing
Purchasers that VAT is included in the Purchase Price, if they are VAT registered in
certain countries. Teachers have an option to add details regarding their VAT
information in specific EU countries using a VAT tax table. The Teacher shall add
details about all VAT registrations.
15.7.The Teacher shall indemnify SWL for any loss or damaged caused by a Teacher
failing to include details regarding their VAT registrations in the EU, if the Teacher
is required to charge VAT.
16.Refunds
16.1.Any refunds given to the Purchaser shall be at SWL’s discretion and otherwise
pursuant to the refund policy (“the Refund Policy”) paragraphs below.
16.2.The Teacher hereby agrees to abide by any decision to refund a Purchaser under the
Refund Policy.
16.3.The Teacher shall assist SWL in any and all investigations in regards to refunds.
16.4.Upon any refund, SWL shall deduct the transfer the purchase price, transferred to
them, back to SWL within three business day.
16.5.If SWL holds sums that are yet to be transferred to the Teacher, it may use these
sums to refund Purchasers.
17. Intellectual Property
17.1.The Teacher grants to SWL a non-exclusive, worldwide, royalty free, paid-up,
perpetual, irrevocable, transferable and sub-licensable license and right to use,
modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit,
stream, publish and publicly perform:
17.1.1.The Teacher’s name, logos, trademarks, service marks, domain names, and any
audio visual content, video recordings, audio recordings, photographs, graphics,
artwork, text and any other content provided, specified, recommended, directed,
authorized or approved to use by the Teacher (collectively, “the Teacher IP”);
and
17.1.2.Any third party’s name, logos, trademarks, service marks, domain names, audio
visual recordings, video recordings, audio recordings, photographs, graphics,
artwork, text and any other content provided, specified, recommended, directed,
authorized or approved for use by the Teacher (collectively, “Third Party IP”),
in each case in connection with the promotion and resale of the goods and
services in all media or formats now known or hereinafter developed
(“License”). Any use of the Teacher IP or Third Party IP as contemplated in this
Agreement is within SWL’s sole discretion.
17.2.The Teacher acknowledges and agrees that, as between the parties, SWL owns all
interest in and to the Website, Customer Data, SWL trade names, logos, trademarks,
service marks, domain names, social media identifiers, all data collected through or
from the Website, all audio visual content, video recordings, audio recordings,
photographs, graphics, artwork, text or any other content created by SWL or at
SWL’s direction, or assigned to SWL, and any materials, software, technology or
tools used or provided by SWL to promote, resell or distribute the goods and
services and conduct its business in connection therewith (collectively “SWL IP”).
17.3.The Teacher shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit,
stream, place shift, transfer, copy, reproduce, download, time shift, display, perform,
modify or timeshare SWL IP or any portion thereof, or use such SWL IP as a
component of or a base for the Course prepared for commercial use, sale,
sublicense, lease, access or distribution.
17.4.The Teacher shall keep SWL IP confidential, and shall not prepare any derivative
work based on SWL IP or translate, reverse engineer, decompile or disassemble
SWL IP.
17.5.The Teacher shall not take any action to challenge or object to the validity of SWL’s
rights in SWL IP or SWL’s ownership or registration thereof. Except as specifically
provided in this Agreement, the teacher and any third party assisting the Teacher
with its obligations in this Agreement, are not authorized to use SWL IP in any
medium without prior written approval from an authorized SWL of SWL.
17.6.The Teacher shall not include any trade name, trademark, service mark, domain
name, social media identifier, of SWL or its affiliates, or any variant or misspelling
thereof, in any trademark, domain name, email address, social network identifier,
metadata or search engine keyword.
17.7.The Teacher shall not use or display any of SWL IP in a manner that could reasonably
imply an endorsement, relationship, affiliation with, or sponsorship between The
Teacher or a third party and SWL. All rights to the SWL IP not expressly granted in
this Agreement are reserved by SWL.
17.8.If the Teacher provides SWL or any of its affiliates with feedback, suggestions,
reviews, modifications, data, images, text, or other information or content about a
SWL product or service or otherwise in connection with this Agreement, any SWL
IP, or the Teacher’s participation in the Teacher Courses, (collectively, “Feedback”),
the Teacher irrevocably assigns to SWL all right, title, and interest in and to
Feedback. In the event the Teacher’s assignment to SWL is invalid for any reason,
the Teacher hereby irrevocably grant SWL and its affiliates a perpetual, paid-up,
royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and
license to:
17.8.1. Use, reproduce, perform, display, and distribute Feedback;
17.8.2. Adapt, modify, re-format, and create derivative works of Feedback for any
purpose and sublicense the foregoing rights to any other person or entity.
17.9.The Teacher warrants that:
17.9.1. Feedback is the Teacher’s original work, or the Teacher obtained Feedback in a
lawful manner; and
17.9.2.SWL and its sublicensees’ exercise of rights under the license above will not
violate any person’s or entity’s rights, including any copyright rights.
17.10.The Teacher agrees to provide SWL such assistance as SWL might require to
document, perfect, or maintain SWL’s rights in and to Feedback.
18. Indemnification
18.1.To the extent allowed under applicable law, The Teacher agrees to defend,
indemnify and hold SWL, its affiliated and related entities, and any of its respective
officers, directors, agents and employees, harmless from and against any claims,
lawsuits, investigations, penalties, damages, losses or expenses (including but not
limited to reasonable attorneys’ fees and costs) arising out of or relating to any of
the following:
18.1.1. Any breach or alleged breach by The Teacher of these Terms of Service, or the
representations and warranties made in this Agreement;
18.1.2.Any claim for tax obligations of the Teacher arising from the sale of the Courses;
18.1.3.Any claim arising out of a violation of any law or regulation governing The
Teacher’s Courses;
18.1.4.Any claim by a Purchaser or anyone else arising out of or relating to the Courses
provided by the Teacher, including but not limited to, any claims for false
advertising, fitness of purpose and quality defects, personal injury, death, or
property damages;
18.1.5.Any claim by a Purchaser for the Amount Paid; and
18.1.6.Any claim arising out of The Teacher’s misuse of Customer Data, or any
violation of an applicable data privacy or security law.
19. Independent Contractor
19.1.Nothing contained in these Terms of Service will be construed as creating a joint
venture, partnership or employment relationship between SWL and the Teacher
hereto, nor will either party have the right, power or authority to create any
obligation or duty, express or implied, on behalf of the other. SWL will not be
responsible to perform any regulatory or contractual obligation of the Client and
does not assume any responsibility for Client’s business operations.
PART III – PURCHASER TERMS
20.Terms of Sale
20.1.You may purchase Courses listed on the Site by placing an order in accordance with
these Terms of Service. Before submitting your final order, you will be asked to
confirm your order. You are responsible for ensuring the accuracy of your order,
notably the description of the Course, its fitness for your desired purpose, price,
quantity and your ability to receive the Course, as well as your billing information.
You are responsible to correct any error or inaccuracy in your order.
20.2.Once you submit a final order, you will receive an order confirmation from SWL
along with a detailed invoice in an electronic format. Orders placed through the Site
will not bind SWL until you receive an order confirmation from us and the order is
accepted and processed by us. While it is our practice to confirm orders, the receipt
of an order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product. We reserve the right, to reasonably cancel
any orders, without prior notice, to limit the order quantity on any product and/or to
refuse to sell to any customer. We also may require verification of information prior
to the acceptance and/or shipment of any order.
21.Availability and Pricing
21.1.Prices are subject to change from time to time, we cannot guarantee the pricing of
any of the Courses for any period of time. Pricing is set by the Teacher and it is at
their sole discretion to change prices.
21.2.We use a third party payment gateway to take your payment by credit card, when
you make a purchase, you will also have to agree their terms and conditions and
shall be bound by those. We shall be in no way liable for any damage caused by the
payment gateway supplier and any claim or complaint should be made to them.
21.3.Base Currency means the currency of the Base Price.
21.4.Base Exchange Rate means a system-wide rate used by SWL for foreign currency
conversion and does not include any fee or mark-up by the SWL. The rate is
established using one or more third parties such as Open Exchange Rates and is
fixed periodically (e.g. monthly) to prevent daily price fluctuations. Accordingly,
the Base Exchange Rate may not be identical to the applicable market rate in effect
at the specific time a foreign currency conversion is processed.
21.5.Base Price means the Course price set by the Instructor.
21.6.Sale Currency means the currency of the Purchase. The country of origin of the
Purchaser of the Course determines the Sale Currency.
21.7.Sale Currency rates are set according to the Base Exchange Rate.
21.8.We accept payment by Paypal, Visa, MasterCard and American Express.
21.9.Where you become a Purchaser on the Site, You agree to us and the third party
payment gateway holding your payment details and charging your registered
payment method as agreed. You also agree to us requesting updated details from
your payment provider should the details of Your payment method change and to
charge the updated payment method in the same way as the original payment
method.
21.10.We reserve the right to terminate any special offer at any time, without notice.
21.11.We cannot guarantee the availability of any Course at any time. In the event that a
Course is no longer available we shall use our best endeavours to make it
unavailable to buy on the Site. In the event that You buy a Course that is unavailable
for whatever reason, You shall be notified of this and given a refund as soon as
possible.
21.12.SWL cannot guarantee the description of any Course featured on the site. The
Course description including its fitness for purpose, is the sole responsibility of the
Teacher. Any dispute must be communicated with the Teacher. If you cannot resolve
your dispute, we provide a dispute resolution service between the Purchaser and
Teacher. Please refer to the Refund Policy paragraphs in this Terms of Service for
more information.
21.13.VAT or Sales tax may be charged by the Teacher on the Purchase Price, if the
Teacher is VAT registered in the Purchaser’s country within the EU or is required to
add sales tax if based in another country outside of the EU. If the Teacher is VAT
registered in any EU state, or required to add sales tax, then they are instructed to
make that clear on the description of the Course.
22.Delivery of Courses
22.1.The Courses shall be delivered by the Teacher using Videos and other online
communications services. The Purchaser and Teacher is solely responsible for
ensuring that they have the means to receive/deliver the Course. SWL shall not be
liable for any loss or delay as a result of mistake or incorrect details given by the
user.
23.Refund Policy
23.1.The Courses offered on the Site are provided by the Teachers who are third party
merchants. We act as the middle man.
23.2.The Purchaser shall only have a right to cancel any purchase, before receiving the
Course, on the agreement of the Teacher.
23.3.If the Purchaser cancels the purchase of the Course in accordance with the above
paragraph, SWL will refund them for all payments made as part of the purchase
within 14 calendar days from the day on which you informed SWL about the
cancellation.
23.4.If the Purchaser has been unable to redeem the Course through no fault of their
own, they may be entitled to a refund. In order to receive a refund, they must prove
to SWL that their inability to redeem the Voucher was not their fault. The decision
to grant a refund is within the sole discretion of SWL.
23.5.If the Teacher has not properly provided the Purchaser with the Course, as
described, or if the Purchaser has a complaint regarding the provision of the Course,
the Purchaser must take action against the Teacher directly. This is because the
Teacher, and not SWL, is responsible for the supply and/or provision of the
Courses. SWL is only a marketplace where Teachers offer the Courses. However, if
the Purchaser and the Teacher cannot agree on how to resolve the complaint within
45 days of the date of purchase, SWL may, upon the Purchaser’s request, try to help
resolve the issue between them (“SWL Dispute Resolution”).
23.6.If the complaint and request for refund is made within 45 days of the date of
purchase, and that refund is accepted by the Purchaser, or SWL decides through
SWL Dispute Resolution that the Purchaser should receive a refund, SWL shall
process the refund.
23.7.If following 45 days from the purchase date, the Purchaser requests a refund, he
must contact the Teacher directly, shall not have the option of SWL Dispute
Resolution and if the Purchaser accepts the refund request it shall be processed by
them and not SWL.
23.8.In the event that SWL does provide SWL Dispute Resolution and find in the
Purchaser’s favour, they shall be given a refund, to be paid on the payment method
provided to purchase the Course
23.9.Unless the Purchaser expressly informs SWL in advance not to, any refund in cash
will be refunded to you via your original method of payment. If the original method
of payment has been cancelled, expired or has otherwise changed, the Purchaser
must inform the SWL customer support team immediately. If the Purchaser fails to
do this and they are refunded to your original method of payment, the Purchaser
may need to coordinate with their bank or payment services provider to obtain the
refund. SWL will not provide more than one refund.
23.10.The Purchaser shall have 30 days from the date you receive the refund to reject it. If
they do not reject the refund during these 30 days, the refund shall be in full and
final settlement of any and all claims you may have against SWL related to, arising
out of, or connected to that Course.
PART – IV MISCELLANEOUS
24.Errors on the Site
24.1.Although SWL strives to provide reliable and current information through the Site,
occasionally, there may be information on the Site that contains typographical
errors, inaccuracies, omissions or mistakes that may relate to product descriptions,
pricing, promotions, offers, and availability. Accordingly, we reserve the right to
correct any errors, inaccuracies or omissions and to change or update information or
to refuse, correct or cancel orders, at any time and from time to time without
liability and without notice to you or any other person, if any information on the
Site is inaccurate, to the extent permitted by law.
24.2.Where any error or omission is caused by the Teacher, they shall be solely
responsible for its correction. Although the Teacher shall generally have no liability
in the case of error or omission on the Site and shall reserve the right to correct it,
where a Teacher is liable for the error or omission, SWL shall have no
responsibility.
25.Jurisdiction
25.1.These Terms of Service and the Supplementary Agreements shall be interpreted and
construed according to, and governed by, the substantive laws of Sweden, excluding
any such laws that might direct the application of the laws of another jurisdiction.
25.2.Where a dispute as to the interpretation of these Terms of Service or any other
claim, made by or against SWL, shall be instigated and determined by Courts in
Sweden.
26.Entirety of Agreement
26.1. You confirm that these Terms of Service and the Supplementary Agreements
represent the entire understanding and constitute the entire agreement between the
parties in relation to its subject matter, and supersedes all prior agreements,
covenants, arrangements, communications, representations or warranties, whether
oral or written, by any officer, agent, employee or SWL of either of the parties.
26.2.The provisions of this Agreement shall ensure to the benefit of and be binding upon
each of SWL and its affiliates, suppliers and sub-contractors and each of their
respective successors and assigns and related persons, and you and your heirs,
executors, administrators, successors, and personal SWLs (and those of any person
or organization you represent).
27.Assignment
27.1.You may not assign the these Terms of Service or any of the Supplementary
Agreements to any other party without the prior written consent of SWL, such
consent not to be unreasonably withheld or delayed.
28.Partial Invalidity and Waiver
28.1.If any provision of these Terms of Service or any of the Supplementary Agreements,
or the application of them, is declared or deemed void, invalid or unenforceable in
whole or in part for any reason, the parties shall amend the these Terms of Service
and the Supplementary Agreements, as shall be necessary to give effect to the spirit
and purpose of those agreements, as far as possible. If the parties fail to amend the
Terms of Service and Supplementary Agreements, the provision which is void,
invalid or unenforceable shall be deleted and the remaining provisions of the
Terms of Service and Supplementary Agreements shall continue in full force and
effect.
28.2.Waiver by one party of strict performances of any provision of the Terms of Service
and Supplementary Agreements will not be a waiver of or prejudice to such party’s
right to require strict performance of the same provision in the future or of any other
provision.
29. Interpretation
29.1.The headings of these Terms and Conditions and the Supplementary Agreements are
for convenience only and shall not affect the interpretation of any provision of the
any of the agreements.
29.2.The provisions of these Terms of Service and the Supplementary Agreements shall
be construed according to their fair meaning and neither for nor against the party
which caused such provisions to be drafted.
29.3.In the event of conflict between the provisions of these Terms of Service and
Supplementary Agreements, the provisions of the Terms of Service shall prevail.
30.Legal Status
30.1.SWL, including its affiliates, merchants and suppliers, and the user are both
independent contractors. No agency, partnership, joint venture or any other
relationship of such kind is intended or created by the User’s entry into the Terms of
Service and Supplementary Agreements or the Member’s use of the Site, the
Service, or the information exchanged by such means.
31.Language
31.1.The parties have expressly requested and required that this Agreement and all other
related documents be drafted in the English language. These documents shall also
be available in Swedish after interpretation from the English Language. If any
conflict arises between the two versions the English version shall prevail.
31.2.Any request for a Swedish version of these Terms of Service shall be interpreted at
Your expense.
32.Rights Reserved
32.1.Any rights not expressly granted by this Agreement are reserved to SWL.
PART V – PRIVACY POLICY
1. Information Used
1. SWL’s primary goal in collecting personal information is to provide You with a
friendly, customized, and efficient experience. SWL only collects personal information
that is relevant to the purpose of the Site.
2. SWL may collect personally identifying information during the registration process,
including name, email address, address, gender, store preferences etc. SWL also may,
on occasion collect user preference information (such as items clicked from emails).
SWL may also store information You knowingly provide such as feedback forms,
suggestions, and emails to the SWL website. SWL may use such information for its
internal purposes, including, but not limited to, email and web design optimizations,
new features, and editorial and feedback purposes. Information entered may be
aggregated across all users in order to determine and target demographics for
marketing and advertising purposes.
3. Your information stored by SWL is considered confidential and will not be shared with
outside parties except as described herein. SWL may share aggregated results of
preferences for all users for marketing and advertising purposes, however these shall
be anonymous.
4. If You object to such use for any reason, You can either let us know by sending us
feedback, or You can unsubscribe from the SWL email service.
2. Cookies
1. Cookies are alphanumeric identifiers that we transfer to your computer through your
web browser to enable SWL systems to recognize your browser and tell SWL how and
when pages in our website are visited and by how many people. SWL cookies do not
collect personal information, and SWL do not combine information collected through
cookies with other personal information to tell SWL who You are or what Your screen
name or email address is.
3. Sharing
1. Information about SWL users is an integral part of our business. SWL share Your
personal information only as described below.
2. SWL may release personal information when SWL believe in good faith that release is
necessary to comply with the law; enforce or apply SWL’s conditions of use and other
agreements; or protect the rights, property, or safety of SWL, employees of SWL, the
users of the Site, or others.
3. SWL may also release Your information to allow You to receive the products or
services that you have purchased on the Site.
4. SWL allow third-party companies to collect certain information when you visit our
web site. These companies may utilize cookies, pixels or other technologies to collect
and use non-anonymous during your visits to this and other web sites in order to
provide advertisements about goods and services likely to be of greater interest to You.
5. SWL may share your information in connection with a merger between SWL and
another entity, or in the event of a transfer of all or some of our assets to another
company. SWL shall endeavour, however, to keep personal account information secure
4. Security
1. Your SWL account information is protected by a password for your privacy and
security. You need to work to protect against unauthorized access to Your password and
to Your computer by logging off once You have finished using a shared computer.
5. Links to Other Sites
1. SWL uses links to guide You toward valuable products, services and editorial. SWL
are not responsible for any content that appears on these sites, nor do we endorse them.
For questions about these sites, please consult their individual privacy policies.
6. Unsubscribing
1. SWL may send You emails to let you know about our newest and best deals available
on the Site. If you are unhappy about receiving these, you can unsubscribe.
2. To unsubscribe, click on the unsubscribe link in any SWL email. You will be taken to a
confirmation page. Click on the confirm link and you will be unsubscribed.
7. Data Protection
1. SWL are totally committed to protecting the privacy of our site visitors and You. We
are all customers of other Internet sites and fully appreciate and respect the importance
of privacy on the Internet. SWL will not disclose information about our customers to
third parties except where it is part of providing a service to You – e.g. arranging for a
product to be sent to You, carrying out identification and security checks and for the
purposes of customer research and profiling or where we have Your express permission
to do so.
2. To allow SWL to provide the membership area we must hold some of Your private data
and by becoming a member of the website You agree to allow us to hold this data.
3. SWL will not sell, or make available, Your name, address, e-mail address, credit card
information or personal information to any third party (excluding partners from whom
you may have linked to our site) without Your permission.
8. Payment Information
1. We may store credit card and billing information about You. Don’t worry this is secure
on SWL’s system and shall never be disclosed to anyone. If using Paypal to make
purchases, they may store your billing information. SWL does not control how they
use Your information, however, if you are in doubt, please refer to their Privacy Policy
on their website.
9. Modifications to Privacy Policy
1. SWL reserves the right to change this policy from time to time, however, all changes
will be posted to this Privacy Policy at the time such changes are made. The date of the
most recent revisions will appear on this page so please check back. Please note that
continued access of SWL will constitute your acceptance of any changes or revisions
to the Privacy Policy.
10. If you have concerns or questions about any aspect of the SWL Privacy Policy,
please e-mail the customer service email address. We welcome your questions and
feedback. Please send all emails to: support@sportwithoutlimits.com.