Terms of Service

Terms and Conditions

WEBSITE TERMS OF USE

These Terms of Use (“Terms”) govern your access, browsing or registering for use of https://www.simonhaglundsounds.com (“Website”), sound design courses and other related materials (each a “Course” and collectively, the “Courses”) and online forums, such as the English with Lucy community currently hosted on Circle.so (the “Community”) whether as a guest or as a registered user of the Website.

The Website is operated by SimonHaglundSounds AB. We are registered in Sweden under company number 165594633280 and have our registered office at Pershyttan Lindgården 132, 71391, Nora, Sweden.

Please read the Terms carefully before purchasing any Course and print off a copy for your records.

It is your responsibility to keep a copy of the Terms in case you wish to refer to them at a later date. We will not file or otherwise keep a copy of the agreement concluded between us and a copy of the concluded agreement will not be available from us at a future time and date.

Please carefully read these Terms and our Privacy Policy, which applies to any personal data collected from you when you use any of our Courses, and contact us if you have any questions, requests for information or complaints.

As some of our Courses may require or include software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.

By using our Courses, you agree to be bound by these Terms, including the policies referenced in these Terms.

ACCESSING AND USING SimonHaglundSounds courses.

Any use or access by anyone under the age of 16 is strictly prohibited.
Additionally, you may use our Courses only if you:

can form a binding contract with us;
comply with these Terms, all applicable laws, and our policies (including the Acceptable Use Policy, the Privacy Policy, Course-specific eligibility requirements, and any other policies that may be applicable from time to time (“Policies”)); and
are over the age at which you can provide consent to data processing under the laws of your country. Certain regions may have additional requirements and/or different age restrictions in connection with our Courses.

Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Courses and/or Website being suspended, disabled, or terminated.
When you create your account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
You are strictly prohibited from sharing any login details for the Website and/or the Course with another person or share or publish Course content, we may, at our discretion, suspend or terminate your access to the Course.

If you do not accept these terms

Access to and use of any Course provided by us is subject to your acceptance of the Terms. By using any Course, you are acknowledging you have read and accepted the Terms. You should not use any of the Courses if you do not accept the Terms.
If you are using any of the Courses from outside the Sweden then other laws may apply to your use of such Courses. We are not subject to local laws applicable in your country and any of the Courses may not be compliant with those local laws. You should not use any of the Courses unless you are happy with this position.

Updates to these Terms

We may change the Terms from time to time by updating these Terms. You should review our website regularly. Your continued use of the Courses after changes or updates have been made to the Terms will be taken to indicate that you have read and accepted those changes. You must not use the Courses if you do not accept these changes or updates.

PURCHASING SIMONHAGLUNDSOUNDS COURSES

In order to purchase any Course, you must register for an online account via the Website. If you already have an online account, you can log onto your account using the username and password that you were provided with when you registered.
When purchasing any Course via the Website, you can change your order at any time up to the point at which you click the “Buy Now” button.
When you place an order for any Course, you are offering to purchase that Course on these Terms. We reserve the right to decline or cancel your order, or any part of your order.
Following receipt by us of your order for a Course via the Website, you will receive a Confirmation Email. Your order will be subject to acceptance by us of your offer to purchase in accordance with Clause 2.5 below.
Your access to the Course is not confirmed unless and until you have received a Confirmation Email and registered for an online account in order to access the Course via the Website.
If you have not received a Confirmation Email, we recommend that you check all of your email folders for the Confirmation Email, including junk/spam folders, and if you are unable to locate the Confirmation Email then please email us at [email protected].
We reserve the right to withdraw at any time any Course advertised for sale on the Website.

COURSE CONTENT AND ACCESS TERMS

Please read the description of each Course on the Website carefully for details of the contents of the available Courses. Except as set out in the description of the Course on the Website, no additional materials and/or online tuition will be provided by us.
We grant you a non-exclusive, non-transferable, and revocable license right to use and access our Courses. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise.
We may at our reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Course to any student and may refuse to admit to, and may remove from any of our online learning environments, any student whose participation in any Course would, in our reasonable opinion, be undesirable or whose behaviour we consider is or may be in breach of these Terms.
Upon receipt of a Confirmation Email from us, you will be notified of when you will have access to the Course purchased. The length of time that you will have access to the Online Course will be in perpetuity subject to these Terms.
You may incur charges to your internet service provider while you are accessing and/or downloading a Course. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course. You are responsible to pay these charges.

MODIFICATIONS TO THE CONTENT OF EXISTING COURSES

From time to time, we may make modifications, enhancements or issue clarifications to the audio-visual, interactive or written Courses.
You will have access to the changes set out above free of charge only to the extent that such changes relate to the Course purchased by you.

PAYMENT TERMS

The fee for any Course at any given time will be displayed on the Website and/or will be notified to you by us. Fees are quoted in US Dollars ($), inclusive of applicable taxes, levies and charges.
If you purchase a Course on the Website:

the fee including applicable taxes, levies and charges, if applicable, will be shown prior to completion of the online transaction; and
we will debit the fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. At the time of collection of these details you will be asked if you would like to register these card details with us to facilitate future orders. If you have agreed to your card details being stored, they will be stored securely by us and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for payments in connection with this and any future order you may place with us. Your order will be confirmed only upon receipt of the fee in cleared funds by us and will be subject to acceptance of your offer to purchase by us in accordance with Clause 2.6.

In the event a credit or debit card transaction is declined by your bank, funds will not be deemed to have cleared. We shall not be liable for any bank charges that may apply.
In the unlikely event that due to a technical error, the Fee amount displayed on the Website is incorrect, we will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website, then you will be given the opportunity to cancel your order of the Course and receive a full refund at the time you are notified of the higher Fee in respect of any amount you have already paid in accordance with Clause 6. If the correct Fee is lower than displayed on the Website, then you will be refunded the difference between the lower Fee and the amount which you have paid.
Any refund will be made in accordance with Clause 6.

CANCELLATION

You may cancel your purchase of the Course within a period of 30 calendar days (“Cancellation Period”) from the date of your Confirmation Email subject to Clause 6.3.
You must inform us of your decision to cancel by using one of the following methods within the Cancellation Period by emailing [email protected].
Your right to cancel and obtain any refund will be lost if you have given us express consent to supply the Course to you during the Cancellation Period and/or if you access more than 20% of the Course’s digital content before the expiry of the Cancellation Period.
Refunds will be made using the same method of payment as you used for the purchase. We will not make refunds using alternative payment methods nor make refunds into an account other than the account from which the payment originated. Refunds will be paid within 30 calendar days of you informing us of the cancellation. The period for refund will increase to 60 calendar days if we are unable to credit a UK bank account. We shall not be liable for any refund for currency conversion fees incurred by you in connection with the purchase of a Course.
We reserve the right to cancel a Course at any time. If we cancel a Course, you will be entitled to a refund of any fees paid in accordance with Clause 4.4.

TECHNICAL SUPPORT

We will provide technical and content support to individuals who have purchased a Course in respect of the Course purchased, in accordance with the provisions referred to below.
If you report a fault to us, we will use reasonable endeavours to provide a solution, but we do not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from us then we will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
We are not obliged to offer you any technical support in relation to your use of any of the free Courses or demonstrations available on the Website, but we may elect to offer technical support and the extent of any such technical support is entirely at our discretion.
You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Courses and Website and that technical support may not be available during such periods of downtime. Further, you agree that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
We will use reasonable endeavours to make the Courses and Website available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. We reserve the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access to the Course or Website as a result of such suspension or any of the following:

the operation of the internet and the World Wide Web, including but not limited to viruses;
any firewall restrictions that have been placed on your network or the computer you are using to access the Course and/or Website;
failures of telecommunications links and equipment; or
updated browser issues.

THIRD-PARtY IMAGES AND VIDEOS USAGE:

Third-Party Images Usage:

In certain parts of the course, students may have access to third-party images provided by Midjourney for the purpose of practicing sound design.
These images are provided solely for educational use within the context of the course and may not be used for any commercial projects outside the scope of the course.
Students are responsible for ensuring they have the necessary permissions to use the images provided in the course for their intended educational purposes.
SimonHaglundSounds AB does not own the rights to these images, and their use is subject to the terms and conditions set forth by Midjourney in their Terms of Service.
By accessing and using the course materials containing third-party images from Midjourney, students agree to comply with Midjourney's Terms of Service regarding the use of such images.

Third-Party Video Clip Usage:

Similarly, students may have access to third-party video clips provided by Blender Studios for practicing sound design techniques.
These video clips are intended for educational purposes only and may not be used for any commercial projects outside the scope of the course.
It is the responsibility of students to obtain proper permissions before using the video clips in any other context.
SimonHaglundSounds AB's use of the video clips is subject to the terms and conditions set forth by Blender Studios.
By accessing and using the course materials containing third-party video clips from Blender Studios, students agree to comply with Blender Studios' terms and conditions regarding the use of such video clips.

Indemnification Clause:

By accessing and using the course materials, students agree to indemnify and hold SimonHaglundSounds AB harmless from any claims, damages, or liabilities arising out of their misuse of the third-party images and video clips provided in the course.

Disclaimers:

SimonHaglundSounds AB does not endorse or guarantee the accuracy or quality of the third-party images and video clips provided in the course.
Any use of these third-party materials outside the scope of the course is at the student's own risk.

WARRANTIES

We will use our reasonable endeavours to deliver the Course in accordance with the description which is set out on the Website.
We expect you to take reasonable care to verify that the Course and materials in question will meet your needs and any specific requirements that you have and will not be responsible for any failure to do so.
In order to qualify into certain professions, you may need to meet the requirements of the relevant professional body. Participating in a Course will not automatically result in your acceptance by the relevant professional body. It is your responsibility to ensure that you meet the eligibility requirements of the relevant professional body. We will not be liable for any failure for you to be accepted into your desired profession.
Unless otherwise explicitly indicated by a professional body, participation in or completion of any Course does not confer any academic credit. We do not grant academic credit for the completion of any Course.
We do not make any representation, guarantee or commitment to you that the Course will be error free.
All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

LIMITATION OF LIABILITY

The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
Nothing in these Terms shall exclude our liability under s.57 of the Consumer Rights Act 2015.
Except as set out in these Terms, we shall not be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

unforeseeable losses; loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, either party knew it might happen;
loss of income or revenue;
loss of business;
loss of anticipated savings; or
loss or corruption of data.

We cannot accept responsibility for damage to or loss of property howsoever caused.
We are not responsible to you for any data that you lose either (a) as a result of accessing the Course, or (b) as a result of accessing the Website, or (c) during completion of any Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course or the Website, and (ii) all data that you are inputting when completing the Course.
Save as to Clause 9.1, our maximum aggregate liability to you for any claims that you may have against us for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and any IT technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
You may use third party websites and products whilst undertaking your Course (“Third Party Products”). Such Third Party Products may include other learning platforms and products to assist your educational learning. Such links may be provided for your convenience.
You may be required to agree to third party terms and conditions, and a privacy policy, in order to use such Third Party Products. In such cases, in relation to the Third Party Products:

you hereby agree and acknowledge that any provision of access or linking to Third Party Products to you via our Website or Courses is on an “as is” and “as available” basis and that we give no warranties, guarantees, representations or endorsements in relation to any Third Party Products.
We will not be held responsible for any damage to your computer or loss of data that may arise from your use of the Third Party Products and we recommend that, as a matter of good practice, you back up your computer periodically to minimise the risk of losing important files and data.
you may be trained in the use of Third Party Products as part of your Course. Any such utilisation of a Third Party Product during a Course does not constitute or imply endorsement, recommendation or affiliation by us. While we will use reasonable skill and care when choosing appropriate Third Party Products to be used for training purposes, we are not liable for any loss or damages caused by your use of the said Third Party Products in connection with your Course.
you hereby agree and acknowledge that these Terms do not authorise you to (and you will not) reproduce, distribute, make available, create derivative works or otherwise exploit any Third Party Products and nor will you use the Third Party Products for any purpose other than in connection with the Course and/or in breach of their terms of use. We will have no liability in such circumstances, and you acknowledge that the owners of the Third Party Products may have the right to seek damages for any unauthorised use from you.
you hereby agree and acknowledge that as we have no control or input into the Third Party Products, we are not responsible for any loss or damage incurred as a result of your using the Third Party Products.
use of the Third Party Products may result in your personal data being transferred by you directly to third parties. We will not be liable for any losses arising from a third party’s treatment of any of your data in such circumstances.
sny liability in such cases will be between you and the provider of the Third Party Product, as governed by their terms of use.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
We require that users seek to resolve any complaints informally in the first instance. In the event that the informal complaints process is unsuccessful. You are required to exhaust our complaints procedure before seeking to bring any legal action against us.
Each provision in this Clause shall be construed separately as between you and us. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

INTELLECTUAL PROPERTY

The Website, Courses and all of the materials contained on or within them are protected by intellectual property rights. Website and Course content include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website or in our Course learning materials, as well as all other content on the Website such as (but not limited to) articles and other text, and other content of Courses such as presentations, videos, exercises, tests and diagrams.
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) subsisting in the design of, or materials on or within the Website and each Course is either owned by us, licensed to us or we are entitled to use it. All such rights are reserved.
Except as provided below, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Website or Course content without our written permission (including, but not limited to “caching” any material and “mirroring” any material).
You may print or download any Course materials from the Website for your own personal and non-commercial use provided that:

no materials are modified in any way;
no graphics are used separately from accompanying text;
our copyright and trade mark notices appear in all copies; and
you acknowledge English with Lucy as the source of the material.

If you have our written permission to provide these Course materials to another person, you must ensure that they are made aware of these restrictions. You may be responsible to us for that person’s non-compliance with these restrictions contained herein.
You may also permit your computer to make an electronically stored, transient copy of the content on or within the Website only for the purpose of viewing it while connected to the internet (but you may only make one copy of any such content).
We reserve the right to monitor your usage of the Course and Website content. In the event that you violate these Terms (including but not limited to in the event that you share your login details for the Course and/or Website with another person or share or publish Course content), we may, at our discretion, suspend or terminate your access to the Course. We will not provide any refund for Fees where it terminates your access to the Course in accordance with this Clause 10.7.

CONFIDENTIALITY

Information regarding your attendance online and academic performance on the Course will be kept confidential, unless you agree otherwise or you take steps to waive its confidential nature, save for information required to be disclosed by law, to a relevant regulatory body or professional body for the Course or as otherwise permitted by our Privacy Policy.
If you request a reference from us, you agree to waive your right to confidentiality for the purposes of providing the reference and for us to process your personal data for that purpose and disclose it to the third party.

DATA PROTECTION

You agree that we may process your personal data in order to perform our obligations and enforce our rights under this agreement and in accordance with our Privacy Policy.

GENERAL

We may update or amend the Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. In addition, your Course (including any apprenticeship) may require you to sign additional written terms and conditions which will apply to your place on the Course, in addition to the Terms.
These Terms constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under the Terms to any third party at our discretion and without further notice to you.
No delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any provision in these Terms is found to be invalid or unenforceable, then that provision will (so far as it is invalid or unenforceable) be given no effect and will be deemed not to be included in these Terms, but without invalidating any of the remaining provisions of these Terms.
Any notices required to be served by us under these Terms will be deemed properly served if sent via prepaid postage to the postal address on file, or emailed to the email address, notified by you to us, at our discretion.
Any notices required to be served on us by you will be deemed properly served if sent via the Website or by post using the contact details set out in these Terms or on the Website.
A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email or via the Website is deemed to be given on the day it was sent.
We reserve the right to recover any reasonable debt collection costs in connection with these Terms.
The agreement between you and will be conducted and concluded in English only.
The agreement between you and us which is contained in these Terms is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of Sweden. You agree to submit to the exclusive jurisdiction of the Swedish courts to settle any disputes which may arise out of or in connection with these Terms.

Last Updated: 22nd April 2024

Terms and Conditions

WEBSITE TERMS OF USE

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