TERMS AND CONDITIONS

Step Beyond Oy (Business ID: 2335953-4, a limited liability company established in Finland (hereinafter “Company”), provides personal development coaching services and related learning material (hereinafter “Product” or “Products”) available for purchase to the customer using the Company’s website (hereinafter “Customer”).

The Company and the Customer are hereinafter also referred to collectively as the “Parties” and individually as “Party”.

By using the Company’s website and/or purchasing Products, the Customer warrants having read and understood these terms and conditions (hereinafter “Agreement”), and the Customer accepts this Agreement as legally binding. If the Customer has not read, understood, or does not agree to this Agreement, the Customer cannot purchase Products from the Company.

1. DELIVERY OF THE PRODUCTS

• The Company offers different Products available for purchase to its Customers on the Company’s website. The Products available to the Customer include e.g. personal development coaching services, live coaching sessions with a professional, learning material and literature. A complete list of all the Products and their content, available from time to time, is visible here https://www.stepbeyond.eu/shop/.
• After completing the purchase of a Product, the Customer is given access to the Product electronically via an URL link sent to the Customer / in the Company’s website portal with a personal access code for a fixed period of time pursuant to Section 4.
• The delivery method may vary depending on the Product, and the Product-specific delivery method is visible to the Customer before they purchase a Product.
• The Company may in addition offer for purchase Products that contain elements partially delivered by a third party (hereinafter “Third-Party Product”).
• After completing the purchase of a Third-Party Product according to the terms set forth in section 2, the Customer gains access to the Third-Party Product as described in section 1.2. In addition, the Customer may receive an URL link to the email address they have given in connection with the purchase that allows them to access and use the content of the Third-Party Product that is provided by a third party.
• The use of all content of a Third-Party Product may require that the Customer gives personal and other information to the third party. The information (including personal data) given to the third party is retained on the third party’s servers.
• The Company may receive the Customer’s information given to the third party in connection with the fulfilment of Third-Party Products.
• The Customer understands and agrees that, in order to use Third-Party Products, they have to accept and agree to the applicable terms and conditions and data privacy statements of the third party powering the Product.
• The digital Products are provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.

2. PRICING AND PAYMENT TERMS

• The price of each Product, as applicable from time to time, are presented to the Customer prior to purchasing a Product. All prices presented to the Customer include VAT but not shipping costs, unless otherwise is expressed in writing by the Company. The Company reserves the right to update prices and/or the content of each Product. Current Product pricing is visible at the Company’s website.
• The Company reserves the right to disable or remove access to any content for which the Company has not received adequate payment. We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.
• The Company does not provide any payment services to the Customer or third parties. Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the Company. For reclamations, please contact the Company.

• Unless otherwise expressly agreed upon by the Parties, payment for Products shall be made by using direct payment, debit/credit card or by any other payment methods available on the Company’s website. The Company cannot guarantee that all payment methods are available at all times, and some payment methods may be temporarily unavailable or restricted from time to time. The Company reserves the right to offer additional and/or remove existing payment methods at any time at its sole discretion. With the Customer’s consent, their payment information may be stored with PayTrail Plc. The Company does not store the Customer’s payment information.

3. LIABILITIES AND INDEMNITY

• The Company shall not be responsible for, and shall not pay, any amount of indirect damages, regardless of whether the Company was advised of the risk of such damage in advance.
• The Company is responsible for addressing any issues related to the Products and must promptly correct, at its own expense, any correctable defects within 30 days of receiving written notice from the Customer specifying the identified issue.
• Notwithstanding anything to the contrary contained herein, the Company’s liability to the Customer for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Customer to the Company for the Product(s) within the three (3) months preceding the date of bringing a claim.
• The limitations set forth herein are not applicable to damage caused by breach of the intellectual property rights and confidentiality clauses set forth in sections 4 and 5.
• Furthermore, the limitations set forth herein are not applicable to damages arising as a direct result of a Party’s own gross negligence or willful acts or omissions in conjunction with the performance of this Agreement.
• The Customer agrees to defend, indemnify and hold harmless the Company and the Company’s affiliates, and respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) the Customer’s use of, or inability to use, the Product; (ii) the Customer’s violation of this Agreement; and (iii) the Customer’s violation of any third party right, including without limitation any intellectual property rights.

4. INTELLECTUAL PROPERTY RIGHTS

• The Company owns and retains all proprietary rights in the Products and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Products contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. The Customer agrees to not, in any possible situation, copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Products. The Customer agrees to not remove, obscure, or otherwise alter any proprietary notices appearing on any Product, including copyright, trademark and other intellectual property notices.
• Subject to the terms and conditions of this Agreement, the Company grants to the Customer a worldwide, term based (time limited, as solely decided by the Company), royalty-free, non-exclusive, non-transferable, non-assignable and non-sublicensable license (hereinafter “License”) to use the Products for the Customer’s own personal purposes.
• The Company reserves the right to revoke the License and restrict access and the use of any Product at any point in time in the event where the Company decides so or is obligated to do so due to legal or policy reasons. Notwithstanding the aforementioned, the Company may not revoke the License of tangible Products, if applicable at all, such as physical books. For clarity, if the Customer prints or otherwise converts non-tangible Products (including digital content, electronic books, documents, or any other form of digital media provided under this License) into a physical format (hereinafter “Printed Material“), such Printed Material shall be considered a direct derivative of the original non-tangible Product. The creation of Printed Material from non-tangible Products does not confer upon the Customer any additional rights, nor does it alter the non-exclusive, non-transferable, non-assignable, and non-sublicensable nature of the License granted herein for the use of the Company’s Products. As such, the Company retains the right to govern, restrict, or revoke the License in accordance with the terms set forth for non-tangible Products. The Customer agrees to immediately cease use and destroy any Printed Material derived from non-tangible Products upon the termination or revocation of the License to the original non-tangible Product.
• A breach of this section 4 shall be considered a material breach of this Agreement by the Customer, and the Customer agrees to pay the Company a contractual penalty of EUR 5000 for any such material breach.

5. CONFIDENTIALITY

• Unless necessary for fulfilling the Party’s obligations under this Agreement, the Parties shall not, during this Agreement’s validity or at any time following their termination, use, or disclose any confidential or proprietary information or data (hereinafter “Confidential Information”) for its own benefit or the benefit of others, without prior written consent from the other Party. This includes any information, regardless of format (e.g., written, electronic, drawings, specifications, code, samples, prototypes), that the Party has received or accessed during the term of this Agreement, and which is marked or identified as confidential.
• The restrictions in Section 5.1 does however not apply to:
• information already known to or accessible by the public (other than through unauthorized disclosure), and
• any use or disclosure authorized by the Company or its customer or required by law.

6. GOVERNING LAW AND DISPUTES

• This Agreement, and any dispute, claim, or controversy arising from or related to this Agreement, its breach, termination, or validity, are subject to the laws of Finland, irrespective of its principles and rules on conflict of laws.
• If the Customer is a legal person, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki. Finland. The language of the arbitration shall be English. However, evidence may be submitted, and witnesses may be heard in Finnish, to the extent the arbitral tribunal deems it appropriate.
• If the Customer is a consumer, the Customer has the right to recourse the matter for admissibility to the Consumer Dispute Board (the Consumer Dispute Board, Hämeentie 3, P.O. Box 306, 00531 Helsinki, Finland, kril@oikeus.fi, kuluttajariita.fi). Before recoursing the matter to the Consumer Dispute Board, a consumer shall be in contact with the consumer advice of the magistrates (www.kuluttajaneuvonta.fi).

7. REFUNDS AND RESCHEDULING

• When purchasing a Product that is digital content (e.g. Products that are accessible via URL link), the delivery to the Customer is electronic and immediate. By proceeding with the purchase, the Customer gives an explicit prior consent to the immediate delivery of the Product and expressly waives their right to withdraw from the purchase of the Product. Therefore, the purchase of the Product that is digital content does not contain the 14-day withdrawal period in the European Economic Area.
• Notwithstanding section 7.1, if the Product is a physical item delivered to the Customer via mail, the Customer has a 14-day right of withdrawal and the right to cancel the order during that time. The Customer is responsible for paying any return costs. The Company will refund the Customer once the Company has received the returned item.
• When a Product includes a coaching session between the Company and the Customer, the following conditions apply to rescheduling:
• The Customer is entitled to request a rescheduling of the coaching session, provided that such request is made at least 48 hours before the initially agreed start time of the coaching session.
• This right to reschedule is limited to one (1) instance per purchased Product that includes a coaching session.
• Regardless of any rescheduling, the coaching session must be conducted no later than three (3) months from the date of purchase of the Product.

8. DATA PROTECTION

• The Company processes personal data according to the Company’s Privacy Notice, which is visible here: https://www.stepbeyond.eu/privacy-notice/

9. MISCELLANEOUS

• The Company operates as an independent entity when providing Third-Party Products to the Customer.
• The Company may unilaterally assign, delegate, subcontract, or transfer its rights and obligations under this Agreement to a third party. The Customer may not transfer this Agreement, along with its associated rights and obligations, to a third party.
• All communications and notifications to the Company related to this Agreement must be in writing.
• This Agreement constitutes the entire and only legally binding agreement between the Parties, and supersedes any previous understandings, arrangements, representations, negotiations, or agreements between the Parties.
• Would any part of this Agreement be found illegal, invalid, or unenforceable, the legality, validity, and enforceability of any other part of this Agreement shall not be affected.
• Sections 3, 4, 5 and 6 shall remain in force even after the termination of this Agreement.