For Terms of Use - see below theses Terms and Conditions

 

 

 

 

1 GENERAL

These general terms and conditions (the "Terms") apply to the purchase and use of the e-learning courses which Mcleaned AB, with registered number 556806-9677 and registered address at Norrbäcksgatan 19, 216 24 Malmö, Sweden ("Mcleaned") has developed, and which Mcleaned provides to customers active within, or in need of knowledge of, clinical and industrial cleanliness (the "E-Learning Courses") on a third party platform (the "Site").

 

These Terms shall apply between Mcleaned and the company purchasing the E-Learning Courses (the "Company"). These Terms, together with the Terms of Use which apply to the End-User's (as defined below) use of the E-Learning Course, set out the terms and conditions on which Mcleaned will sell and supply E-Learning Courses to the Company and End-Users (as defined below). These Terms and the Terms of Use are hereinafter referred to as the "Agreement".

 

The E-Learning Courses are primarily offered to legal entities. If you are an individual, please contact sales@mcleaned.com.

 

By accepting this Agreement you warrant and represent that you have the authority to enter into the Agreement and bind the Company which you represent to this Agreement.

 

2 PURCHASE OF E-LEARNING COURSES

The Company shall be entitled to purchase the number of E-Learning Courses as the Company deems necessary to fulfill the Company's needs. The Company shall purchase one (1) E-Learning Course per employee.

 

The Company is not permitted to allow employees to share E-Learning Courses, i.e., an End-User may never be more than 1 employee. Any such use will be considered as a material breach of this Agreement and shall entitle Mcleaned to terminate this Agreement in accordance with Section 13.

 

Each employee who has been provided access to an E-Learning Course by the Company will be deemed to be an "End-User" in this Agreement.

 

2.1 Creating an account

In order to purchase E-Learning Courses, the Company is required to create an account. The Company agrees to: (a) provide accurate, current and complete information about the Company as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information the Company provides to Mcleaned, to keep it accurate, current and complete; (c) maintain the security of the Company's password and identification; (d) notify Mcleaned immediately of any unauthorized use of the Company's account or other breach of security; (e) accept all responsibility for any and all activities that occur under the Company's account; and (f) accept all risks of unauthorized access to the Registration Data and any other information the Company provides to Mcleaned.

 

Please see more on which Registration Data is collected and for which purposes in Mcleaned's Privacy Policy.

 

Company shall contact Mcleaned immediately if the Company believes or has reason to believe an unauthorized third party may be using the Company's account or if the Company's account information is lost or stolen.The Company may terminate the Company's account and this Agreement (including any access to the E-Learning Courses) at any time in accordance with Section 13.

 

Mcleaned may deem an account to be terminated and may off-set any fees contained in such account if there has been no log-in or other activity in the account for 24 months despite reasonable commercial efforts to contact account holder based on the information provided through the Site as part of the account profile.

 

2.2 Prices and payment

The purchase price for each E-Learning Course are those stated in Mcleaned's pricelists for E-Learning Courses, as applicable from time to time.

 

Payment for the E-Learning Course(s) will be made through such payment methods as are indicated on the Site. Payment by credit card on the Site is subject to all reasonable security checks (3D secure and CSC).

 

2.3 Discount code

Discount Code (or "Coupon") may be used when buying E-learning Course(s), to either get a percentage discount or a fixed amount discount on the price excluding VAT, with the specific restriction that comes with each Coupon. Information on specific restrictions on the use of Coupon can be found in the message that comes with Coupons, but general restrictions for coupons are:

• All Coupons are for single use or multiple use (with a set amount of use)
• All Coupons are only valid for a certain time period
• Only one Coupon can be used per purchase (Coupons cannot be combined)

We reserve our Coupons for misprints and the right to change the terms of a specific Coupon or all Coupons at any time.

 

3 ACCESS TO THE E-LEARNING COURSES

Upon payment of the purchase price for the E-Learning Course(s), the Company will be provided access to the E-Learning Course(s). The Company will only be provided access to the number of E-Learning Courses which the Company has paid for.

 

The E-Learning Courses will be available to the Company for allocation to End-Users for a total period of 90 days from payment. An End-User must undertake the E-Learning Course within 90 days following the allocation to the End-User to commence the E-Learning Course. An End-User's access to the E-Learning Course will be automatically terminated 90 days from the allocation date, regardless of whether or not the End-User has completed the E-Learning Course. Further, an End-user will no longer have access to an E-Learning Course once completed. Upon successful completion of an E-Learning Course, the End-User will be able to download a course certificate.

 

Access to E-Learning Courses which have not been allocated to an End-User within 90 days from payment, will be automatically terminated.

 

The Company will not receive a refund of the price if the End-User has not completed the E-Learning Course within the stipulated time or if the E-Learning Course has not been commenced or used.

 

Each End-User must register an account, and read and understand the Terms of Use, in order to undertake an E-Learning Course.

 

Access to the E-Learning Courses is provided “as is.” Mcleaned makes no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the access to the E-Learning Courses, including any warranty that access to the E-Learning Courses will be uninterrupted, error free or free of harmful components, or that any content will be secure or not otherwise lost or damaged.

 

Except to the extent prohibited by law, Mcleaned disclaims all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

 

4 COMPLIANCE AND USE OF THE SITE AND E-LEARNING COURSES

The Company undertakes to adhere to this Agreement, all applicable laws, rules, and regulations applicable to the use of the Site and the E-Learning Courses, and undertakes to ensure that any End-Users do the same.

 

The Company may not, and shall ensure that End-Users do not, use neither the Site nor the E-Learning Courses, including, without limitation, any communication tools available through the Site such as Skype, any forum, chat room or message centre:

 

(a)     to upload material or data in violation of any law (including to breach copyright or other intellectual property rights held by Mcleaned or anyone else which the Company or an End-User does not have the right to use);

 

(b)     to send unwelcome communications of any kind to anyone (e.g. spam or chain letters);

 

(c)     to abuse, defame, threaten, stalk or harass anyone;

 

(d)     to publish, post, upload or distribute unsuitable, offensive, obscene or discriminatory information of any kind;

 

(e)     for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;

 

(f)      to upload anything or otherwise introduce any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system;

 

(g)     for using any software or device which may hinder use of the Site or the E-Learning Courses (such as mail bombs, war dialing, pinging etc.);

 

(h)     to attempt to gain unauthorised access to any services other than those to which the Company and the End-Users have been given express permission to access; or

 

(i)      using a false identity to try to trick anyone for any reason.

 

5 SUSPENSION TO THE E-LEARNING COURSES

 

5.1 Suspension

Mcleaned may suspend the Company's or End-User's right to access or use any portion or all of the E-Learning Courses immediately if Mcleaned determines:

 

(a)     that Company or an End User’s use of or registration for the E-Learning Courses (i) poses a security risk to Mcleaned, Mcleaned's suppliers, the E-Learning Courses or any third party, (ii) may adversely impact the content of the E-Learning Courses or the systems or software on which the E-Learning Courses are provided, (iii) may subject Mcleaned or Mcleaned's suppliers or any third party to liability, (iv) may be fraudulent or (v) Mcleaned has reason to believe that an E-Learning Course is being shared between employees or third parties;

 

(b)     the Company or any End User is in breach of this Agreement, including if the Company is delay with its payment obligations for more than 15 days; or

 

(c)     the Company has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of the Company's assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

 

Further, if Mcleaned becomes aware of any violation of the Company's or an End-User's obligations under this Agreement, Mcleaned is entitled to immediately suspend access to the E-Learning Courses, without incurring any liability.

 

5.2 Effect of Suspension of Access to E-Learning Courses

If Mcleaned suspends the Company's or an End-User's right to access or use any portion or all of the E-Learning Courses, the Company shall remain responsible for all fees and charges which the Company has incurred through the date of suspension and shall remain responsible for any applicable fees and charges for any E-Learning Courses to which the Company continues to have access.

 

Mcleaned's right to suspend the Company or any End User’s right to access or use the E-Learning Courses is in addition to Mcleaned's right to terminate this Agreement pursuant to Section 13.2.

 

6 FEEDBACK

If the Company provides Mcleaned with feedback or ideas regarding the E-Learning Courses or other aspects of Mcleaned operations, the Company understands that Mcleaned may use the information provided without any obligation to compensate the Company for them. The Company grant Mcleaned a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from the feedback as Mcleaned choose.

 

7 INTELLECTUAL PROPERTY RIGHTS

The Site and the E-Learning Courses may be protected by copyright laws and other intellectual property rights. Any such intellectual property rights remain Mcleaned's property or the property of Mcleaned's licensors or licensees. All trademarks, service marks, trade names, and trade dress are owned by Mcleaned and/or Mcleaned's licensors (as the case may be). Mcleaned or Mcleaned's licensors reserves all right, title, and interest in and to the Site and the E-Learning Courses.

 

The Company may not, and undertakes to ensure that End-Users do not, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of intellectual property contained in the E-Learning Courses or the Site without having entered into an agreement with Mcleaned or Mcleaned's licensors regulating the right to use such rights, or as may be entitled to under applicable legislation.

 

The Company  may not, and shall ensure that the End-User do not, or may attempt to, (i) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Site or the E-Learning Courses; (ii) reverse engineer, disassemble, or decompile the Site or the E-Learning Courses or apply any other process or procedure to derive the source code of any software included in the Site or the E-Learning Courses, (iii) access or use the Site or the E-Learning Courses in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (iv) resell or sublicense the E-Learning Courses.

 

Infringement may result in charge and claim for damages.

 

8 INDEMNIFICATION

The Company will defend, indemnify, and hold harmless Mcleaned and its licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) the Company's or any End User's use of the E-Learning Courses (including any activities under the Company's or an End-User's account), or (b) breach of this Agreement or violation of applicable law or regulation by the Company or any End User.

 

9 LIABILITY

The Company shall ensure that any End-User shall comply with the terms of this Agreement to the extent that the provision applies to the End-User and shall be liable for the acts and/or omissions and the fulfillment of obligations of any End-User to the extent not fulfilled by such End-User.

 

The Company is deemed to acknowledge that the allocation of risk in this Agreement reflects the amount paid for the E-Learning Course and that it is not within Mcleaned's control as to how, and for what purposes, an E-Learning Course is used by the Company and its End-Users. In no event, therefore, will neither Mcleaned nor Mcleaned's suppliers or licensors be liable to the Company for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use, or data), even if a party has been advised of the possibility of such damages, however caused.

 

Further, neither Mcleaned nor Mcleaned's suppliers or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) the Company's inability to use the Site or E-Learning Courses, including as a result of any (i) termination or suspension of this Agreement or the Company's or End-User's use of or access to the Site or the E-Learning Courses, (ii) any unanticipated or unscheduled downtime of all or a portion of the Site or the E-Learning Courses for any reason, including as a result of power outages, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments made by the Company in connection with this Agreement or the Company's or End-User's use of or access to the Site or the E-Learning Courses; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of the Company's or End-User's content or other data.

 

If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Mcleaned or Mcleaned's suppliers or licensors becomes liable thereby for loss or damage that could otherwise be limited, such liability will not exceed the amount actually paid by the Company.

 

10 SUPPORT

Mcleaned will provide support to the Company and the End-Users regarding use of the Site and the E-Learning Courses by email, during business days and during Mcleaned's office hours. All support will be provided in the Swedish or English language.

 

11 FORCE MAJEURE

Mcleaned will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Mcleaned's reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

12 MISCELLANEOUS

 

12.1 Notices

Mcleaned may provide any notice to the Company under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with the Company's account.

 

The Company may provide any notice to Mcleaned under this Agreement by sending a message to sales@mcleaned.com.

 

12.2 Entire agreement

This Agreement is the entire agreement between the parties regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the parties, whether written or verbal, regarding the subject matter of this Agreement.

 

12.3 Modifications

Mcleaned shall be entitled to modify this Agreement by posting a revised version of this Agreement on the Site or by otherwise notifying the Company. The modified terms will become effective as stated in the posting or in the email message. By continuing to use the Site and the E-Learning Courses after the effective date of any modifications to this Agreement, the Company agrees to be bound by the modified terms.

 

12.4 Assignment

The Company may not assign or transfer its rights and obligations under this Agreement without Mcleaned's prior written consent.

 

12.5 No Waivers

The failure by either party to enforce any provision of this Agreement or rights provide for by law will not constitute a present or future waiver of such provision nor limit a party's right to enforce such provision at a later time.

 

12.6 Severability

If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

 

13 TERM AND TERMINATION

 

13.1 Term

The term of this Agreement will commence on the date on which the Company has accepted this Agreement by ticking on the "I agree" button, and will remain in effect until terminated by the Company or Mcleaned in accordance with Section 13.2.

 

13.2 Termination

13.2.1 Termination for Convenience

Either party may terminate this Agreement for any reason by providing the other party 30 days advance notice.

 

13.2.2 Termination for Cause

Either party may terminate this Agreement for cause immediately if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within a 10 day notice period.

 

Mcleaned may also terminate this Agreement immediately to the Company if:

 

(a)     any act or omission by the Company or any End-User results in a suspension described in Section 4.1;

 

(b)     if Mcleaned's relationship with a third party partner who provides software or other technology which Mcleaned uses to provide the E-Learning Courses expires, terminates or requires Mcleaned to change the way Mcleaned provides access to the E-Learning Courses and administration related thereto;

 

(c)     if Mcleaned believes providing the E-Learning Courses could create a substantial economic or technical burden or material security risk for Mcleaned or any of its suppliers;

 

(d)     in order to comply with the law or requests of governmental entities; or

 

(e)     if Mcleaned determines that use of the E-Learning Courses has become impractical or unfeasible for any legal or regulatory reason.

 

 

13.3 Effect of Termination

Upon any termination of this Agreement all of the Company's and End-Users' rights under this Agreement will immediately terminate and the Company will remain responsible for all fees and charges which the Company has incurred up until the date of termination.

 

14 GOVERNING LAW AND DISPUTE RESOLUTION

 

14.1 Governing law

(a)     This Agreement shall be governed by, and construed in accordance with the substantive laws of Sweden.

 

(b)     The United Nations Convention for the International Sale of Goods 1980 (CISG) shall in no event apply to this Agreement.

 

 

14.2 Submission to jurisdiction

(a)     In the event of any dispute, controversy or claim arising out of or in connection with this Agreement (each a "Dispute"), or the breach, termination or invalidity thereof, the parties shall aim to settle the dispute amicably through negotiations. If the parties have not been able to settle the dispute through such negotiations within 3 months following notice from a party to enter into such negotiations, the Dispute shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC"), unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of 1 or 3 arbitrators.

 

(b)     The place of arbitration shall be Stockholm, Sweden,where the award shall be made and the proceedings shall be conducted in the English language.

 

 

***

 

 

 

---

 

 

 

 

 

***

 

 

 

TERMS OF USE FOR END-USER