Terms of Purchase

These terms of purchase apply to, and form a part of, all agreements on purchases and orders of training and workshops (jointly the “Trainings”) as well as branded templates and Ready-made 80% (jointly the “TicTac Products”) by a customer (the “Customer”) from TicTac (as defined below) (the “Agreement”).

Terms of service

The Client will have use of and access to the Trainings or TicTac Products for the time period specified in any applicable order. By using or ordering the Trainings or TicTac Products, the Client agrees to these terms of purchase.

Contracting TicTac entity

If the Customer has its registered place of business in Germany, the contracting party will be TicTac Learn GmbH, Reg. No. HRB 252252, having its registered office at Unter den Linden 40, D-10117 Berlin, Germany (“TicTac GmbH”).

If the Customer has its registered place of business in Denmark, the contracting party will be TicTac Learn Denmark A/S, Reg. No. 27057640, having its registered office at Dampfærgevej 9, 2100 Copenhagen, Denmark (“TicTac A/S”).

If the Customer has its registered place of business in any other country than Denmark and Germany, the contracting party will be TicTac Learn AB, Reg. No. 556567-7266, having its registered office at Dockplatsen 1, 211 19 Malmö, Sweden “TicTac AB”).

TicTac GmbH, TicTac A/S and TicTac AB are hereinafter jointly referred to as “TicTac” and individually as a “TicTac Entity”.

Cancellation of training (workshops, training sessions, virtual training, open enrolment)

• Anyone who only attends part of the Trainings is not entitled to a price reduction or partial refund.
• The location, content and sequence of the Trainings can be changed while maintaining the overall character, without any right for the Customer of price reduction or refund.
• TicTac reserves the right to cancel or postpone the Training date if the minimum number of participants is not reached. In the event of a cancellation, the registered persons or registrants will be refunded the invoice amount already paid. In the event of a postponement, the registered person can switch to another virtual date or a face-to-face date. In the event of a change to an in-person event, a surcharge may apply.
• Cancellations must be made in writing and are subject to certain restrictions: A requirement for receiving any refund, in full or partial, is that no part of the eLearning phase of the service/product has been utilized.
  • It is possible to provide a substitute participant up to 1 day before the start of the course.
  • If a cancellation is made earlier than 45 days before the start of the course, 100% of the participation fee will be refunded.
  • If a cancellation is made later than 45, but earlier than 30 days, before the start of the course, 80% of the participation fee will be refunded.
  • Cancellation is no longer possible from 30 days before the start of the course.

• Rebookings to another date must be made in writing and are subject to certain restrictions:
  • A rebooking made earlier than 45 days before the start of the course can be made free of charge. If a rebooking is made later than 45, but earlier than 30 days, before the start of the course, a rebooking fee of 15% of the training price will be charged;
  • If a rebooking is made later than 30 days before the start of the course, a rebooking fee of 20% of the training price will be charged.

Cancellation of TicTac products (branded templates, Ready-made 80%)

Cancellations are not permitted once an order has been confirmed, regardless of whether the product has been delivered or not. There is no option to cancel an order after confirmation under any circumstances.

Terms of payment

Payment for the Trainings and TicTac Products is made either by credit card or invoice, in connection with the order of such Training or TicTac Product. Unless otherwise stated in a separate invoice, payment terms are 30 days from the date of the invoice. In the event that the Customer should fail to make payment in full on the due date, TicTac shall be entitled to claim interest on the sum overdue until the payment is made at the interest rate of 8 percentage point exceeding the current Swedish reference rate at the time of the payment due date.

Limitation of liability (for non-German customers)

If the Customer has its registered place of business in any other country than Germany, TicTac’s maximum aggregate liability under the Agreement for any damage suffered by the Customer shall be limited to the purchase price paid by the Customer to TicTac for the Trainings and/or TicTac Products.

TicTac shall under no circumstances be liable to the Customer for any loss of profit or production, loss of use, loss of data, loss of contracts or any other consequential, economic or indirect loss whatsoever arising out of or in connection with the Agreement.

Limitation of liability (for German customers)

If the Customer has its registered place of business in Germany, TicTac’s liability for damages – irrespective of its legal basis – shall be limited to damages caused by willful intent or gross negligence. TicTac shall also be liable for simple negligence in case of damages which result from the breach of material contractual obligations (i.e. an obligation which is material for the performance of the contract and compliance with which the other party regularly expects and may expect) but, in this case, TicTac’s liability shall be limited to typical damages which TicTac could have foreseen as a possible consequence of such breach at the time of entering into the respective agreement.

The limitations of liability do not apply:

a. in case of damages to life, body or health,

b. if and to the extent TicTac has maliciously deceived a defect, or

c. if and to the extent TicTac has assumed a guarantee for the quality of goods.

For the avoidance of doubt, any liability without fault is expressly excluded.

Personal data

General. Each party undertakes to process personal data and other information under this Agreement in accordance with the EU General Data Protection Regulation ((EU) 2016/679) (if applicable to the Customer), and otherwise in accordance with local data protection legislation applicable in the country where the party is situated.

Governing law and disputes

The Agreement shall be governed by the substantive laws of Sweden.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute.

The seat of arbitration shall be Malmö, Sweden.

The language to be used in the arbitral proceedings shall be English.

In deviation from the above provisions, if both the customer and TicTac as direct contracting parties have their registered offices in Germany, the Agreement shall be governed by German substantive law. Furthermore, the seat of arbitration shall be Berlin, Germany, and the language to be used in the arbitral proceedings shall be German.