- 1.1 These Terms and Conditions apply to all online training courses offered by PvL Partners AG through this website.
- 1.2 PvL Partners AG is registered in Switzerland, with its registered office at Stockerstrasse 47, 8002 Zurich, Switzerland.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that PvL Partners AG makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the PvL Partners AG proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at Stockerstrasse 47, 8002 Zurich, Switzerland;
"System": means any online communications infrastructure that PvL Partners AG makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by PvL Partners AG Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (pvlacademy.learnworlds.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means PvL Partners AG, a company incorporated in Switzerland , located at Stockerstrasse 47, 8002 Zurich, Switzerland.
- 2.1 You must be at least 18 years old to use this website and purchase training courses.
- 2.2 You agree to use the website only for lawful purposes and in accordance with these terms.
These Terms and Conditions also apply to customers procuring Services in the course of business.
-
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PvL Partners AG, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Swiss and International intellectual property and other laws.
-
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, sell, store or in any other fashion re-use material from the Website and its Services, whether owned by PvL Partners AG or third parties, unless otherwise indicated on the Website or unless prior written consent from the respective rights holder.
- 4.3 All Services' materials, including videos, slides, and documents, are the intellectual property of PvL Partners AG. Open sources are used under appropriate licenses from third-party sources. Any third-party content included in the courses remains the intellectual property of the respective owners and is subject to their own terms and conditions.
-
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
-
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter 5 of the Swiss Federal Act on Copyright and Related Rights (CopA, SR 231.1) apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of PvL Partners AG or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site pvlacademy.learnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@pvlpartners.com or call us in the following number: +41 44 202 52 52.
-
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
-
9.1.1 You must not use obscene or vulgar language;
-
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
-
9.1.3 You must not submit Content that is intended to promote or incite violence;
-
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
-
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
-
9.1.6 You must not impersonate other people, particularly employees and representatives of PvL Partners AG or Our affiliates; and
-
9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
-
9.2 You acknowledge that PvL Partners AG reserves the right to monitor any and all communications made to Us or using Our System.
-
9.3 You acknowledge that PvL Partners AG may retain copies of any and all communications made to Us or using Our System.
-
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
-
10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
-
10.1.1 all information you submit is accurate and truthful;
-
10.1.2 you have permission to submit Payment Information where permission may be required; and
-
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
-
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
-
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
-
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
-
11.1 Either PvL Partners AG or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
-
11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
-
12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from PvL Partners AG correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. PvL Partners AG reserves the right to update Services at any time.
-
12.2 Where appropriate, you may be required to select the required Plan of Services.
-
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 Upon purchase, you
will receive access to the training materials for a specified period, as
indicated on the Services page. Access to the purchased Services' materials
will be available for a maximum of six months from the date of purchase, unless
otherwise agreed. After this period, access will expire.
-
12.5 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
-
12.6 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.7 All prices are listed
in CHF and are exclusive of applicable taxes, unless stated otherwise.
-
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between PvL Partners AG and you.
-
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
-
13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
-
13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
-
13.2.3 Relevant times and dates for the provision of the Services;
-
13.2.4 User credentials and relevant information for accessing those services.
-
13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded.
-
13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
-
13.5 We aim to fulfill your Order within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so.
-
13.6 PvL Partners AG shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
-
13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 14.1 Due to the nature of
self-driven online courses, we do not offer refunds once access to the course
materials has been granted.
- 14.2 If you encounter issues accessing the course, please contact us at info@pvlpartners.com , and we will work to resolve them promptly.
- 15.1 Use of the Website is also governed by Our Privacy Policy (pvlacademy.learnworlds.com/privacy) which is incorporated into these Terms and Conditions by this reference.
- 15.2 By registering for a course, you agree to the collection and use of your
data for course administration purposes.
-
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the provisions of the Swiss Federal Act on Data Protection (FADP, SR 235.1) and, where applicable, the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).
-
16.2 We may use your personal information to:
-
16.2.1 Provide Our Services to you;
-
16.2.2 Process your payment for the Services; and
-
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
-
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
-
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
-
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
-
17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
-
19.1 The Website is provided “as is” and on an “as available” basis. PvL Partners AG uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
-
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
-
20.1 To the maximum extent
permitted by law, PvL Partners AG shall not be liable for any indirect,
incidental, special, consequential, or punitive damages, or any loss of profits
or revenues, whether incurred directly or indirectly, or any loss of data, use,
goodwill, or other intangible losses, resulting from: (a) your access to or use
of or inability to access or use the services; (b) any conduct or content of
any party other than PvL Partners AG, including, without limitation, any
defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or
alteration of your content or information.
- 20.2 In no event shall PvL Partners AG’s aggregate liability for
all claims related to the services exceed twenty Swiss Francs (CHF 20) or the
total amount of fees received by PvL Partners AG from you for the use of paid
services during the past six months, whichever is greater.
- 20.3 While we strive to
provide accurate and up-to-date information, we do not guarantee the
completeness or accuracy of course content.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and PvL Partners AG.
All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@pvlpartners.com.
These Terms and Conditions and the relationship between you and PvL Partners AG shall be governed by and construed in accordance with the Law of Switzerland and PvL Partners AG and you agree to submit to the exclusive jurisdiction of Zurich, Switzerland.
