This Agreement applies to natural and legal persons and other entities, whether having an independent legal personality or not, including without limitation students, their parents and legal guardians, who use the Services defined below (such persons and entities together, “you”).
The Company provides the Platform and Contents (as each defined below) and facilitates connection and communication between users on the one hand, and teachers who join the Platform to teach students using the Content (collectively, “Mentors”) on the other.
Mentors are not employees of Company. They are independent contractors who use the Platform to offer their skills and knowledge to students, and they have a limited license (subject to relevant terms and conditions) to use the Content and applicable Services for the sole purpose of enhancing their educational material offered on the Platform (collectively, “Mentors’ Material”).
The codiska.com website and domain name and any other linked pages, features, content (other than Mentors’ Material solely developed by Mentors), or application and mobile application services offered from time to time by Company in connection therewith (collectively, the “Platform”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Platform (together with the Platform, the “Services”), solely for your own use, and not for the use or benefit of any third party. A reference to use of the Services in this Agreement includes, without limitation, use of the Platform, any other Services Company performs for you, any Mentors’ Material and the Content offered by Company or the Mentors (as the case may be) on the Platform. Company may change, suspend or discontinue any of the Services at any time, including the availability of any feature, database, Content or Mentors’ Material. Company may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE OF SUCH MODIFICATION ON THE PLATFORM, OR BY SENDING YOU SUCH NOTICE. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATION, AND YOU ARE DEEMED TO HAVE DONE SO. YOUR CONTINUED USE OF THE SERVICES FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
If you are parent or legal guardian of a child below the legal age of consent under applicable data privacy laws (an “Underage User”) whom you are signing up or have signed up to use the Services, you consent for that Underage User to use the Services and disclose personal information to us and to the Mentors you have chosen. If you are an Underage User, you must not send any personal information to us without first ensuring your parent or legal guardian has provided us the necessary prior consent.
In addition, you should not send us any personal information other than what we request from you in connection with the Services.
If we learn we have collected personal information from an Underage User without the requisite prior consent, or if we learn you have provided us personal information beyond what we request from you, we will delete that information as quickly as possible. If you believe that an Underage User may have provided us personal information in violation of the foregoing two paragraphs, please immediately contact us at email@example.com.
If you are signing up for the Services and creating accounts on behalf of an Underage User, you represent and warrant that you are their parent or legal guardian and that you have sufficient power and authority under applicable laws to enter into and be bound by this Agreement and to give consent to collection and use of the Underage User’s information.
If you are a natural person, you further represent and warrant that you are of legal age to form a binding contract or that you have received your parent’s or legal guardian’s permission to use the Services and have caused your parent or legal guardian to agree to this Agreement on your and their behalf. You also represent and warrant that you are legally permitted to access and use the Services and take full responsibility for the selection, access and use of the Services, including access to Mentors and use of Mentors’ Material. This Agreement is void where prohibited by law of a jurisdiction, and the right to access and use of the Services is automatically revoked in such jurisdiction.
The Services and its contents are intended solely for the personal, non-commercial use by users and may only be used in accordance with the terms of this Agreement. All materials displayed on the Platform or delivered via the Services (including without limitation any text, videos, audios, graphics, articles, photographs, images, illustrations and any User Submissions (as defined below)) (collectively, the “Content”) are protected by copyright pursuant to, as applicable, Swedish copyright laws, copyright laws of jurisdictions of relevant Mentors, and international conventions. You shall abide by all copyright notices, trademark rules and other intellectual property notices and restrictions contained in any Content or Mentors’ Material accessed through the Services, and you shall not, and shall not permit any person to, use, copy, reproduce, modify, translate, create derivative work based on, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, Mentors’ Material or third party submissions without the express prior written consent of the respective owners.
Notwithstanding the foregoing, you may download or copy the Content for personal, non-commercial use only on your personal device, provided that you maintain all copyright and other intellectual property notices contained in such Content. You shall not store any significant portion of any Content in any form. Company reserves the right to require prior written consent before linking to the Platform. If you link to the Platform, Company may at its discretion revoke your right to so link at any time.
For all User Submissions, you hereby grant Company a license to use, translate, modify (for technical purposes, for example making sure your content is viewable on Android, iPhone and desktop devices) and reproduce such User Submission, in each case to enable us to provide the Services including facilitating the Mentors’ teaching to you. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission in a public “community” on the Services or in a manner that more than just you can view (a “Public User Submission”), then you grant Company the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of displaying that Public User Submission to all Mentors and Company users. Also, you grant all Mentors and other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a project in a public community, you grant the other members of the community (including the relevant Mentors) the rights necessary to view that project and to create derivative works by reviewing, adding to and modifying it.
Any user, Mentor and Company may use, modify, reproduce, display, perform, distribute or create derivative works of a Public User Submission, provided that such user, Mentor or Company must provide attribution to the original author(s).
You agree that the licenses you grant herein are perpetual, royalty-free, irrevocable, sub-licenseable, transferable and worldwide. You further understand and agree that Company, in taking required or desirable technical measures to provide the Services to users (including you), may need to make changes to your User Submissions for conformity, consistency, aesthetic or other reasons.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such information originated and that Company will not be liable for any errors or omissions in any such information. You understand that Company cannot guarantee the identity of any Mentors or other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which Mentors or users may provide about themselves. While Company has a vested interest in ensuring Mentors deliver high quality educational material – and therefor it actively seeks, processes and publicizes (as applicable) users’ feedback on Mentors – Company will not be responsible for the quality of Mentors’ Martial or that of the services offered by Mentors on the Platform. You acknowledge that access and use of all Content and Mentors’ Material by you when using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content or Mentors’ Material, including, but not limited to, any errors or omissions in any Content or Mentors’ Material, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or Mentors’ Material posted, emailed, accessed, transmitted, or otherwise made available via the Services.
4.Other Representations, Warranties and Responsibilities
You represent, warrant and agree that you will not contribute any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities or sales without Company’s prior written consent such as advertising or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a malware, virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Services at any time, for any reason (including without limitation upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the provisions of this Section), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company and Mentors (where applicable) the rights to use such content in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to and actively using the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, reporting and paying all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
If you are a parent or legal guardian of an Underage User, you are responsible for ensuring the Underage User is attending the relevant mentorship sessions with the Mentors you choose and is completing the required coursebook or assignment. You are also responsible for communication with the Mentors you choose – for which the Platform provides you with the necessary tools – to schedule sessions and to address any issues or concerns that may arise during the course of using the Services.
You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have discretion regarding the course of action to take in connection therewith.
6.Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (together, “Company User ID”). If you are accessing the Services through a third-party site or service (such as “Facebook Connect”), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so may result in immediate termination of your account.
You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID ar its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third-party site or service, you will provide your third-party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
You shall ensure that your Company User are personal to you and you shall not transfer or otherwise make available them to any other individuals in violation of this Agreement. You shall promptly notify Company at firstname.lastname@example.org if you discover that your Company User ID has been transferred to or otherwise used by anyone other than you. You also acknowledge and agree that any transfer of your Company User ID or use thereof by anyone in violation of this Agreement is not permitted and Company may at its discretion discontinue your Company User ID in the event of such unauthorized transfer or use without any liability to you.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding any of the following: which users or Mentors gain access to the Services; what Content or Mentors’ Material you access via the Services; what effects the Content or Mentors’ Material may have on you; how you may interpret or use the Content or Mentors’ Material; or what actions you may take as a result of having been exposed to the Content or Mentors’ Material.
When choosing a Mentor, you (or your parent or legal guardian, where applicable) is deemed to have directly hired the Mentor, and you release Company from all liabilities arising from acts or omissions of Mentors, or in connection with use or content of Mentors’ Material.
You further release Company from all liability arising from you having acquired or not acquired Content or Mentors’ Material through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others. THE SERVICES, CONTENT, MENTORS’ MATERIAL, PLATFORM AND PRODUCTS OBTAINED THROUGH THE PLATFORM OR SERVICES, AND ANY SOFTWARE AND PROGRAM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE SUBJECT TO THE LAWS OF SUCH JURISDICTION.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, directors, officers or employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
9.Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE PLATFORM OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO COMPANY HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU ARE SUBJECT TO THE LAWS OF SUCH JURISDICTION.
10.Fees and Payment
You shall pay all applicable Company fees, as described on the Platform or your account settings in connection with the Services selected by you. You shall be responsible for directly paying fees of the Mentors you choose although we offer, at a fee, to act as payment conduit between you and those Mentors. Mentors shall set their own fees, in respect of which we have no control or responsibility. You and Mentors shall be responsible (as applicable) for all taxes and other governmental dues and fees associated with your use of Services, including without limitation any federal, state, local or foreign taxes or any sales, value add or use taxes. If you choose to pay Mentors’ fee via our intermediary payment services, we will process payment of those fees and the applicable taxes and governmental dues. Company reserves the right to change its price and fee lists, to institute new charges, and to stop offering payment conduit services between users and Mentors at any time upon notice to you, which may be sent by email or posted on the Platform or your account thereon. Your use of the Services following such notification constitutes your acceptance of such changes. Any fees or charges paid hereunder are non-refundable.
Service options–You can find a description of our Service options on our Platform. Certain options may be provided to you free-of-charge. Other options require payment before you can access them (the “Paid Subscriptions”). For options involving Mentors, you shall pay their fees separately – either directly to them, or if you choose via our intermediary payment services as descried above. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
Billing and cancellation–Your Paid Subscription will continue and automatically renew until terminated. To use the Service you must have internet access and a ready and compatible device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
The membership fee for Paid Subscription and any other charges you may incur in connection with your use of the Service, such as taxes, other applicable charges and withholdings, possible transaction fees and Mentors’ fees (if you chose to pay them via our intermediary payment services), will be charged to your Payment Method on the specific payment date indicated in your account on the Platform. The length of your billing cycle will depend on the type of Services you choose. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, or when you change your subscription plan. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
To use a Paid Subscription you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
You can update your Payment Methods by going to your account on the Platform. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you are deemed to have authorized us to continue to charge the applicable Payment Method(s).
You can cancel your Paid Subscription at any time via your account on the Platform, and you will continue to have access to the Paid Subscription Service through the end of your billing period.
We reserve the right to change our Paid Subscription plans or adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your Paid Subscription will take effect following notice on the Platform or to you.
Your payments are nonrefundable and there are no refunds or credits for partially used Paid Subscription periods. Following any cancellation of a Paid Subscription, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance
Trials–From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (each, a “Trial”). Company may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we will require you to provide your payment details to start the Trial. BY PROVIDING SUCH DETAILS YOU AGREE THAT WE MAY AUTOMATICALLY BEGIN CHARGING YOU FOR THE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL ON A RECURRING MONTHLY BASIS OR ANOTHER INTERVAL THAT WE DISCLOSE TO YOU IN ADVANCE. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE RELEVANT PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL.
The Services may contain links to third-party websites or services (“Third Party Services”) that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Service. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless Company and its directors, officers, employees and agents from any and all liability arising from your use of any Third Party Service.
Your interactions with other organizations or individuals (including Mentors) found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants in such dealings, or among you, Mentors, other users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more Mentors, other users or third parties, you hereby release Company, its directors, officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Platform, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without your consent. Both parties agree that this Agreement and the documents referred to herein are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not affect interpretation of this Agreement, and may not accurately reflect the content of the provisions they precede.
14.Dispute Resolution; Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by Swedish courts.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at by e-mail at email@example.com, or by mail to UniverKids AB, Ideon Science Park, Scheelevägen 15, SE 223 70 Lund.