Our Terms & Conditions
Last updated: [2025-04-08]
1 BACKGROUND
1.1 HeadGain AB, reg.no. 559234-9616 (“HeadGain”) provides
access to online courses. HeadGain offers various course
packages, some of which include pre-recorded seminar videos
and some coaching calls, which are offered through the
HeadGain platform (the “Platform”) and which can be viewed
through the internet, computes and other equipment (“End
Devices”).
1.2 These terms and conditions (the “Terms”) shall apply when the
customer (the “Customer”) purchases a course package (the
“Product”) from HeadGain.
1.3 Please, note that these terms apply both to company or other
legal entity customers as well as customers which legally
qualify as consumers according to applicable consumer
legislation (“Consumers”). HeadGain complies with the
applicable Consumer legislation. Certain sections of these
Terms apply to Consumers only, as set forth below.
2 CONTACT INFORMATION
HeadGain AB, reg.no. 559234-9616
Varmvalsvägen 11, 72130 Västerås, Sweden
E-mail: support@davidjpphillips.com
Phone: +46 8-420 18 800
https://headgain.com/
3 PURCHASES
The Customer can select from the course packages offered om
HeadGain’s website and make an order directly through the
website. After the receipt of the order, the Customer will receive
an automatically generated summary of the order. This is a
non-binding confirmation of the receipt of the order. The
Customer’s order will be accepted only when HeadGain sends
a separate confirmation e-mail to the e-mail address provided
by the Customer (the “Order Confirmation”). A binding
agreement is formed only through the Order Confirmation
4 GRANT OF LICENSE
4.1 Subject to these Terms (including but not limited to the
payment of the fees as set forth in Section 7), HeadGain grants
to the Customer a personal, non-exclusive, non-transferable
right to access and view the Product. The Customer
acknowledges and agrees that the Product, or certain content
of the Product, is made available to the Customer for the period
of time as specified in the Order Confirmation (the “License
Period”).
4.2 By the expiry of the License Period, the Customer may extend
the License Period at the prices and terms applicable at the
date of such extension.
5 PRODUCTS
5.1 Save as expressly set forth in these Terms, the Product shall
be provided in accordance with the Product description made
available to the Customer prior to the purchase (the “Product
Description”).
5.2 The scope of the online courses is continuously updated and
expanded by HeadGain. Despite careful planning, changes in
content may become necessary in individual cases. HeadGain
therefore reserves the right to make necessary content and
methodological adjustments or deviations from the Product
Description, provided that these do not significantly change the
subject and the overall character of the Product.
6 ACCOUNT
6.1 The Customer must create an account to be able to access the
Product (the “Account”). If the Customer is a company or other
legal entity and the Customer’s agreement included one or
multiple licenses, each user (a “User”) shall create a separate
account. The Customer may only grant access to the number
of Users for which a license is acquired.
6.2 The Customer shall be responsible for each User and ensure
that each User only use the Product in accordance with these
Terms. Furthermore, the Customer shall be fully liable for, and
shall keep HeadGain fully indemnified against, any and all
losses, claims, liabilities or damages of every nature and kind
incurred or sustained by HeadGain resulting from any act or
omission of a User.
7 PRICE AND PAYMENT
7.1 The Customer shall pay the price indicated at the time of
purchase through the at the time presented offer.
7.2 Payment shall be made in advance in accordance with the
selected method and intervals for payments. Payment shall be
made by the Customer providing valid credit card information,
whereas HeadGain shall be entitled to charge the Customer in
advance.
7.3 HeadGain may, by its sole discretion, accept payment against
invoice. Payment terms thirty (30) days.
7.4 The Customer may not be granted access to the Product until
full payment therefore has been made.
8 CUSTOMER’S RIGHT OF WITHDRAWAL
8.1 The Customer has the right to withdraw from the agreement
within fourteen (14) days without giving any reason. The
withdrawal period will expire after fourteen (14) days from the
day of the Order Confirmation (the “Withdrawal Period”). To
exercise the right of withdrawal, the Customer must inform
HeadGain of its decision to withdraw from the agreement by an
unequivocal statement. The Customer may use the template
withdrawal form, as provided here:
https://davidjpphillips.typeform.com/withdrawal, but it is not
obligatory.
8.2 To meet the withdrawal deadline, it is sufficient for the
Customer to send the communication concerning the exercise
of the right of withdrawal before the Withdrawal Period has
expired.
8.3 If the Customer exercises its right of withdrawal, HeadGain
shall reimburse to the Customer all payments received from the
Customer without undue delay and in any event not later than
fourteen (14) days from the day on which HeadGain was
informed about the withdrawal. HeadGain will carry out such
reimbursement using the same means of payment as the
Customer used for the initial transaction, unless the Customer
has expressly agreed otherwise; in any event, the Customer
will not incur any fees as a result of such reimbursement.
9 AVAILABILITY OF THE PRODUCTS
9.1 The Products are made available through the Platform which
may primarily be accessed from an End Device in the country
from which the Customer made the purchase, as well as any
other countries in which the Product is offered.
9.2 HeadGain guarantees a 99 % availability of the Product over
the calendar year. This dos not include outages for which
HeadGain is not responsible due to necessary maintenance
work, Force Majeure Events, technical malfunctions of the
Internet, reasons attributable to the Customer or reasons for which HeadGain is not responsible. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorised access, theft, operating errors or likewise.
9.3 If the Product include so-called coaching calls, such calls will
be made available through Zoom or, at HeadGain’s discretion,
a comparable platform. The Customer will be provided with the
dial-in data prior to each coaching call.
9.4 To use the Product and access the Platform, the Customer will
need to use an End Device and a high-speed internet
connection. The Customer’s use of the Product may count
toward the Customer’s data usage, depending on the terms of
your agreement with your internet service provider.
9.5 HeadGain does not assume any liability for the reproduction
quality of the Product on the End Device. The Customer is
solely responsible to ensure that suitable hard- and software
and a broadband internet connection is available to the
Customer which is technically necessary to access and view
the Product.
10 THE USER’S OBLIGATIONS
10.1 The Customer may only use the Product and the Platform as
part of the Customer’s own activities and in accordance with
these Terms and any instructions of use provided, at each time,
by HeadGain.
10.2 The Customer must manage log-in details and passwords with
the necessary care to prevent unauthorised persons from
gaining access to them. The Customer must as soon as
practicably possible notify HeadGain in writing if the Customer
has reason to suspect that unauthorised persons have access
to or may be able to gain access to the Product.
10.3 The Customer shall not be allowed to publish illegal, or
offensive material (in HeadGain’s reasonable opinion) at
message boards, chat rooms, discussion forums or any other
community services (“Community Forums”) or to send to
such Community Forums viruses, trojans or other malicious
code.
10.4 The Customer may not allow the Product to be used by or for
the benefit of a third party, including but not limited to use the
contents of the Product for public presentation.
10.5 In case of any suspected abuse of or access to the Customer’s
account through third parties (particularly any suspected
hacking) HeadGain may suspend the Customer’s access to the
account until HeadGain has established the facts, or the
access data have been changed. Should the abuse and/or the
access to these data have been caused by willful misconduct
on the Customer’s side, HeadGain further reserve the right to
block the Customer’s access to the Product pursuant to
Section 11.
11 BLOCKING OF THE SERVICE
11.1 If the Customer unjustifiably fails to meet a due payment
obligation, HeadGain shall be entitled, after prior notice and
without prejudice to further statutory and contractual rights, to
temporarily block the Customer’s access to the Product until
the owed payment has been received.
11.2 Furthermore, HeadGain may temporarily or permanently, as
HeadGain’s sole discretion, block the Customer’s access to the
Product if the Customer is in breach, or HeadGain reasonably
suspects the Customer to be in breach, with these Terms.
11.3 The License Period shall remain unaffected by the temporarily
blocking in such case. Thus, the License Period will not be
prolonged.
12 COMPLAINTS
12.1 If the Product is not in conformity with these Terms, the
Products Description or otherwise considered defective
(“Defective Product”), the Customer may file a complaint
regarding to HeadGain (for contact information, please see
Section 2).
12.2 HeadGain shall be liable for a Defective Product if the defect
occurs or becomes apparent within the License Period.
13 DISCLAIMER
13.1 To the maximum extent permitted by law, and except as
expressly stated in these Terms, HeadGain’s liability shall be
subject to the following disclaimers.
13.2 HeadGain shall not be liable for any learning success of the
Customer. The results the Customer will be dependent on
many factors, including but not limited to the Customer’s level
of personal responsibility, commitment, and abilities. The
Customer acknowledges and agrees that HeadGain is not
responsible for the Customer’s success, or lack thereof.
13.3 Any information provided by HeadGain, including but not
limited to information provided through coaching calls, may
provide real-life examples and/or hypothetical examples of
possible outcomes, which are in no way guarantees of what
will occur in the Customer’s specific situation.
13.4 In no way is the information provided by HeadGain meant to be
a substitute for medical or psychological advice. HeadGain
and/or the Product does not serve to improve the mental health
of the Customer, diagnose, treat, or provide a cure for any
condition the Customer may be experiencing.
13.5 This disclaimer is not intended to limit the liability of HeadGain
in contravention of any requirements laid down in applicable
law nor to exclude HeadGain’s liability for matters which may
not be excluded under that law, including but not limited to
applicable consumer legislation.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 Any intellectual property relating to HeadGain, the Product and
the Platform, and to the Product or the Platform associated
software, equipment and know-how, and any updates and
modifications thereof (the “IPR”) shall be the sole property of
HeadGain or HeadGain’s suppliers and the Customer agrees
not to attempt to register, use or infringe, directly or indirectly,
or permit to be registered, used or infringed by any other
person, the IPR or any other intellectual property right
belonging to HeadGain.
14.2 HeadGain grants to the Customer a personal, non-exclusive,
non-transferable right to access and view the content included
in the Product. Any other use is explicitly prohibited. In
particular, the Customer is prohibited from recording,
reproducing, processing, duplicating, distributing, publicly
reproducing or otherwise processing the contents, videos,
texts or other content included in the Product, in any form
without the prior written permission of HeadGain.
15 LINKS TO OTHER WEB SITES
15.1 The Product or Platform may contain links to third-party web
sites or services that are not owned or controlled by HeadGain.
The governing laws of each individual country may restrict the
use of some of the linked content.
15.2 HeadGain has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third-party
web sites or services. The Customer further acknowledges and
agrees that HeadGain shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such
web sites or services.
16 PERSONAL DATA
By using the Product, HeadGain may use submitted or
generated personal data in accordance with our privacy policy
accessible here: https://www.presentermastery.com/privacy-policy
17 LIABILITY
17.1 To the maximum extent permitted by law, HeadGain shall,
under no circumstances, be liable for any indirect damage or
loss, including loss of income or profit, loss of goodwill or any
other special, consequential, incidental or exemplary damage
or claims by third parties. Furthermore, HeadGain’s total and
aggregate liability towards the Customer for any loss or
damage arising out of, connected with or resulting from the
Product and/or these Terms shall be limited to the price paid
for the Product by the Customer during the License Period.
17.2 The foregoing shall not apply in case of damage caused
intentionally or by gross negligence.
18 FORCE MAJEURE
18.1 HeadGain is entitled to postpone the performance of its
obligations and is relieved from the consequences of nonperformance
of its obligations under these Terms where such
performance is prevented, rendered significantly more
complicated, or unduly rendered more costly due to a
circumstance beyond the control of HeadGain, and which
HeadGain neither could nor reasonably should have foreseen
at the time of execution of these Terms. Such circumstance
(“Force Majeure Event”) can comprise, e.g., war or warlike
situations, civil war, military mobilisation or military conscription
of a similar scope, insurrection and riot, terrorism, sabotage,
fire, flood, natural disaster, epidemic, pandemic, break-down of
means of transport, discontinuation of the supply of energy,
strike, lock-out or other general or local industrial action
(notwithstanding that HeadGain itself is a party to the action),
requisition, seizure, public authority order, trade restrictions,
payment restrictions, or currency restrictions, or circumstance
comparable therewith.
18.2 Any Force Majeure Event on the part of any party assisting
HeadGain in the performance of the agreement, shall also
constitute grounds for discharge from liability.
19 MISCELLANEOUS
19.1 If any provision or provisions of these Terms shall be held to
be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full
force and effect.
19.2 Neither Party may assign these Terms or any of its rights or
obligations hereunder without the prior written consent of the
other Party.
20 GOVERNING LAW AND DISPUTES
20.1 These Terms shall be governed by the substantive law of
Sweden. For Consumers, however, these Terms will not
limit any consumer protection rights that the Customer
may be entitled to under the mandatory laws of the
Customer’s country of residence.
20.2 Any dispute, controversy or claim arising out of or in connection
with these Terms, or the breach, termination or invalidity
thereof, shall be finally settled by arbitration administered by
the Arbitration Institute of the Stockholm Chamber of
Commerce (the “SCC”). The Rules for Expedited Arbitrations
shall apply, unless the SCC in its discretion determines, taking
into account the complexity of the case, the amount in dispute
and other circumstances, that the Arbitration Rules shall apply.
In the latter case, the SCC shall also decide whether the
Arbitral Tribunal shall be composed of one or three arbitrators.
20.3 The seat of arbitration shall be Stockholm. The language to be
used in the arbitral proceedings shall be English.
20.4 As a Consumer, the Customer has the right to refer the
matter to a court of law where the Customer reside. The
Consumer may also choose to make a complaint to the
National Board for Consumer Disputes (Sw. Allmänna
Reklamationsnämnden, ARN) or any equivalent national
board/authority for consumer disputes. Furthermore, the
Consumer may also use the online dispute resolution
provided by the European Commission at
ec.europa.eu/consumers/odr .
