Terms and Conditions

This agreement applies as between you, the User of this Website and Gurubeam ApS, the owner(s) of this Website. 
1. FORMATION OF CONTRACT
1.1. This website is owned and operated by Gurubeam Aps, Vesterhåb 64, 8300 Odder, Denmark, CVR No. 44444410 (“Gurubeam”).
1.2. These Terms and Conditions of Use (the “Terms”) are accepted by ticking “I have read and accept the Terms and Conditions of Use” on the order form, by using the application or the services or in any other way by expressing your consent thereof, and applies between Gurubeam and the customer (the “Customer”). If the Customer is a legal person, these Terms are accepted on behalf of the Customer.

2. INTELLECTUAL PROPERTY RIGHTS
2.1. The program and information provided by Gurubeam, apart from the Customer’s data, is protected by copyright and other intellectual property rights and belongs to or is licensed to Gurubeam Aps.
2.2. No intellectual property rights are transferred to the Customer.

3. GURUBEAM’S LIABILITY
3.1. Gurubeam waives any liability in relation to the Terms, services or use of the program, regardless whether this is contractual or non-contractual liability, including for operational loss, consequential loss or other indirect loss, loss of data, loss based on product liability or loss caused as a result of ordinary negligence.
3.2. Regardless of the type of loss or the basis of liability, Gurubeam’s total liability in terms of value is limited to the Customer’s payment during the period of twelve (12) months before the actionable event occurred.
3.3. The Customer accepts to indemnify Gurubeam ApS for any claim or loss caused by product liability, loss suffered by third parties or liability for third parties, to the extent such claim or loss results from the Customer’s use of the program.

4. CUSTOMER’S USE AND OBLIGATIONS
4.1. The Customer obtains access to Gurubeam pursuant to the extent of the subscription chosen.
4.2. Access to Gurubeam is limited only to customers of Gurubeam. The Program may only be accessed by customers. Any user of Gurubeam must have a Gurubeam account.
4.3. The Customer must ensure that the program is not used in any way that may impair Gurubeam’s name, reputation or goodwill or that is contrary to relevant legislation or other regulation.
4.4. If the Customer enters personal data (e.g. names, contact information) in the Gurubeam program, the Customer is fully responsible that he or she may lawfully do so. Gurubeam recommends that the special categories of personal data (sensitive personal data) are not used or are limited to the widest possible extent.



DATA PROCESSING AGREEMENT
1.0 Introduction and background
1.1 In order to ensure that Gurubeam and the Customer (hereinafter jointly referred to as the “Parties”) meet their obligations pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”) and the national data protection rules under the GDPR, the Parties have entered into this Data Processing Agreement. This Data Processing Agreement shall apply when the Customer adds personal data in the planning tool that is made available by Gurubeam and whereby Gurubeam processes personal data on behalf of the Customer.

2.0 Purpose
2.1 Gurubeam can only process personal data for the purposes necessary to provide its service to the customer.

3.0 Gurubeam’s obligations
3.1 Gurubeam will meet its obligations pursuant to applicable legislation on data protection in respect of the personal data covered by this Data Protection Agreement.

3.2 Gurubeam may only process personal data according to documented instructions from the Customer, including as regards transfer of personal data to a third party, unless this is required to ensure compliance with EU legislation or national legislation of the member states. In such case, Gurubeam must notify the Customer of that legal requirement before the processing is commenced, unless that law prohibits such notification on important grounds of public interest.

3.3 Gurubeam has no reason to believe that the applicable data protection legislation prevents Gurubeam from complying with the instructions in this Data Processing Agreement. If Gurubeam at a later time has reason to believe that the Customer’s instructions are contrary to applicable data protection legislation, Gurubeam must immediately notify the Customer thereof.

3.4 Gurubeam shall make the required technical and organisational safeguards, including such additional measures as may be required to prevent the processed data from being accidentally or illegally destroyed, lost or deteriorated and to prevent information from being disclosed to unauthorized persons, misused or otherwise processed contrary to the provisions of Danish legislation on data protection, cf. Article 32 of the GDPR.

3.5 Gurubeam must notify the Customer without undue delay if Gurubeam becomes aware of a security breach, and Gurubeam must immediately notify the Customer of any request for disclosure of personal data from a law enforcement agency, unless this is prohibited according to applicable legislation.

3.6 If the Customer requests information or assistance regarding security measures and documentation or information on how Gurubeam processes personal data, and such request includes information that exceeds what is considered reasonable and necessary according to applicable data protection legislation, Gurubeam may request payment for such additional services.

4.0 Duration and termination
4.1 The Data Processing Agreement comes into force by the Customer’s electronic box ticking or another acceptance of the agreement.

4.2 The Data Processing Agreement applies as long as Gurubeam processes personal data on behalf of the Customer in connection with the Customer’s use of the platform. 

4.3 This Data Processing Agreement will automatically expire upon termination of the Customer’s subscription to the platform. By termination of the subscription, Gurubeam will delete or return all personal data in the relevant format, which Gurubeam has processed on behalf of the Customer. If the Customer requires assistance in relation to the return of data, costs related thereto will be fixed jointly between the Parties and must be based on i) hourly rates for Gurubeam’s time spent, ii) the complexity of the requested process and iii) the format chosen.

5.0 Amendment of terms
5.1 This Data Processing Agreement is binding upon the Parties and may only be amended by entering into a new data Processing Agreement.

5.2 Regardless of the provision in clause 5.1, Gurubeam may amend the Data Processing Agreement in order to ensure compliance with the applicable data protection regulation in force from time to time. In such case, Gurubeam will notify the Customer of any amendments of the Data Processing Agreement.

6.0 Liability
6.1 Gurubeam is not liable towards the Customer for any accrued loss as far as such loss has been caused by circumstances outside Gurubeam’s control.

6.2 Gurubeam is under no circumstances liable in damages towards the Customer for any indirect loss of the Customer, including, but not limited to, loss of turnover and loss of reputation. In addition, Gurubeam’s total liability in damages towards the Customer is limited to an amount corresponding to the subscription payments paid by the Customer during the most recent twelve (12) months.

7.0 Governing law and venue
7.1 This Data Processing Agreement shall be governed by Danish law.

7.2 Any claim and dispute arising out of or in any other way related to this Data Processing Agreement shall be settled by the Aarhus City Court.

Appendix 1
This Appendix is an integral part of the Data Processing Agreement and represents the Customer’s instructions to Gurubeam in connection with Gurubeam’s processing of personal data on behalf of the Customer.

Processing of personal data
1. Purpose of the processing:

Gurubeam processes the Customer’s personal data to the extent the Customer add such personal data in the platform that is made available and hosted by Gurubeam. The processing of personal data is necessary in order for Gurubeam to comply with its obligations pursuant to the subscription agreement.

2. Categories of data subjects:

Gurubeam processes personal information about the categories of data subjects which the Customer adds to the platform, including the Customer’s employees, customers, clients, cooperation partners, service recipients.

3. Categories of personal data:

Gurubeam processes the personal data which added to the platform by the Customer, including name, title, contact information.
The Customer is encouraged to limit the entry of sensitive personal data.

4. Separation of data
The platform is separated in two, the course platform and the survey platform. 

Course platform – only contains data about name and contact information. This platform is hosted on Learnworlds, on servers in Europe.

The survey part of the platform contains answers of the surveys. This data could be critical data. The survey is hosted by Survey Sparrow on EU AWS servers - https://surveysparrow.com/legal/dpa/


5. Sub-processors and the physical location of the processing
Gurubeam uses Learnworlds as a sub-processor as the Gurubeam software is hosted in Learnworlds data center in the EU.

Gurubeam uses Survey Sparrow on EU AWS servers. 



1. Definitions and Interpretation

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 Gurubeam ApS 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 Gurubeam ApS 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 [ADDRESS];
"System": means any online communications infrastructure that Gurubeam ApS 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 Gurubeam ApS Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (gurubeam.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 Gurubeam ApS, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 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 Gurubeam ApS, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 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.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Gurubeam ApS 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.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site gurubeam.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 hi@gurubeam.com or call us in the following number: your_number.

9. Use of Communications Facilities

  • 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 Gurubeam ApS 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 Gurubeam ApS reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Gurubeam ApS 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. Accounts

  • 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. Termination and Cancellation of Accounts

  • 11.1 Either Gurubeam ApS 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. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Gurubeam ApS 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. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 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 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.
  • 12.5 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.

13. Orders and Provision of Services

  • 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 Gurubeam ApS 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 within 14 calendar days.
  • 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 2-3 working days or if not, 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. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Gurubeam ApS 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. We will ensure that any necessary corrections are made within five (5) working days.
  • 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.
  • 13.8 Gurubeam ApS provides technical support via our online support forum and/or phone. Gurubeam ApS makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Gurubeam ApS. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at hi@gurubeam.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Gurubeam ApS and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: hi@gurubeam.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (gurubeam.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 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 Data Protection Act 1998 and your rights under that Act.
  • 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 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 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.

18. Changes to the Facilities and these Terms and Conditions

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. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Gurubeam ApS 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. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Gurubeam ApS's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 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.

21. No Waiver

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.

22. Previous Terms and Conditions

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.

23. Third Party Rights

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 Gurubeam ApS.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to hi@gurubeam.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Gurubeam ApS shall be governed by and construed in accordance with the Law of England and Wales and Gurubeam ApS and you agree to submit to the exclusive jurisdiction of [COUNTRY].