Terms and Conditions for AgileLeanHouse A/S

AgileLeanHouse A/S
Niels Finsensvej 20
DK-7100 Vejle
Denmark
Phone: +45 27836190
CVR/VAT: DK30279751

Terms of Trade

Company Information

  1. Agile Lean Shop (agilelanshop.com) is owned and operated in Denmark by AgileLeanHouse A/S (hereafter referred to as “ALH”).
  2. ALH helps organizations get more value from their efforts, through education, coaching and toolmaking.
  3. ALH is owned by employees and a network of interested stakeholders.

Products

  1. Agil eLean Shop has the following categories of products:
  2. (Product class 1) Courses and education in Scrum and Agile Lean Leadership inclusive of followup events.
  3. (Product class 2) Licenses and subscriptions for online tools, especially ALH’s Agemba online software solution.
  4. (Product class 3) Physical tools for the daily work of organizations; in particular those that work with Scrum and Agile.
  5. (Product class 4) Subscriptions with access to digital resources, discounts, tools and support hours.
  6. (Product class 5) Access to digital media and files.

Delivery and Shipment

  1. Physical products and tools (Product class 3), like Estimation poker etc. will be sent via mail to the supplied physical address.
  2. The delivery time for your order is 1-4 working days.
  3. ALH uses PostNord, GLS or Bring for shipment of your ordered items.
  4. Freight cost is calculated from the weight of the items.
  5. You can choose to have your shipment sent with delivery to your home address or the nearest package shop.
  6. You will receive a Track and Trace-id upon shipment, which allows you to track the shipment at all times.

Delivery (Non-Physical Items)

  1. When purchasing subscriptions for the Agemba software solution (Product classes 2 and 4) access codes etc. will be delivered to the supplied email address no later than 8 working hours after the purchase.
  2. For courses and education (Product class 1), a confirmation of participation is sent to the supplied email address no later than 8 working hours after the purchase. Material for preparation etc. is sent to the email address approximately one week before the start of the course.
  3. For subscriptions (Product class 4), a subscription ID etc. is sent to the supplied email address no later than 8 working hours after the purchase.
  4. When purchasing digital files (Product class 5) download information and potential password information is sent t

Return of Products and Withdrawal

  1. The purchase of a subscription to the Agemba software solution (Product class 2 and 4) cannot be rolled back, as Agemba is sold solely to officially registered organizations. Any subscription to Agemba can be cancelled with 30 days notice before the normal end of subscription.
  2. Participation in training courses (Product class 1) can be cancelled up to one month before the start of the course without penalty and the full paid course fee will be transferred back to the customer. For cancellations within a month and one week before the start of the course, ALH will reimburse the customer 50% of the paid amount. Cancellation less than a week before the start of the course is not possible. Cancellation shall be done in writing to info@agileleanhouse.com. Individual agreements for participation on a later course can be agreed to via email on info@agileleanhouse.com.
  3. Purchased subscriptions and digital products (Product Classes 4 and 5) cannot be returned or credited.
  4. When returning physical products and tools (Product Class 3), shipping to ALH is paid by the customer. Returned goods must be unused to be accepted as returned. Customers have 14 days from receipt to return goods upon delivery.
  5. The request for cancellation must be notified to us no later than 14 after the delivery, and be with us no later than 14 days after we are informed of your use of the right of cancellation/withdrawal. If you wish to make use of your right to withdraw the purchase, you must send us an e-mail om info@agileleanhouse.com. In your message, clearly make us aware that you want to use your right of withdrawal.

Warranty

  1. There is a 2 year warranty on physical products according to the Danish Sales Law (Product Class 3). The warranty applies to all errors in materials and fabrication.
  2. Complaints regarding errors and defects must be reported to ALH in a reasonable time after the goods have been received. We consider a maximum of 1 month as a reasonable time, unless otherwise agreed. We will refund reasonable shipping costs.
  3. The warranty does not apply if the items have been handled improperly or unusually.
  4. ALH covers return costs to a reasonable extent.

Payment and Security

    1. ALH accepts online payments with the following credit cards Visa and Mastercard via the payment gateway PensoPay.
    2. For physical products (Product class 3) the payment will only be deducted from your credit card when the product is shipped unless otherwise agreed or stated on your order.
    3. For courses (Product class 1) the payment will only be deducted from your credit card when a confirmation of participation is sent to the supplied email address and the order is completed.
    4. For online subscriptions (Product class 2 and 4) or access to digital files (Product class 5) the payment will only be deducted from your credit card when access to the online service or digital product has been granted and the order is completed.
    5. Payment will only be deducted from your credit card when (unless otherwise agreed or stated on your order): (Product class 1) the order for the course is completed or (Product class 3) the physical item is shipped or (Product class 2, 4 and 5) access to the online service or digital product has been granted.
    6. All prices on the website are exclusive of VAT.
    7. The website uses the following currencies for pricing: Denmark – Kroner (DKK), USA – Dollars (USD) and Euro (EUR)
    8. ALH uses a secure payment server that encrypts all information with SSL protocol, meaning your data is secure and cannot be read by other third parties.
    9. ALH’s own website also uses encryption with SSL protocol.
    10. Account information is stored in the ALH’s shop system (WooCommerce).
    11. Upon purchase of subscriptions the credit card information is stored securely in the payment gateway for recurring payments.

Data Processing and GDPR

  1. ALH registers names and email addresses of users and customers; read more about how compliance with GDPR is achieved here…
  2. Learn more about your consumer protection when paying online with PensoPay’s payment service solution here…

Contact

  1. AgileLeanHouse is available for Agemba support, complaints and other inquiries on normal Danish business days between 10:00 and 15:00 CET via tel. +45 27836190 or via mail on support@agileleanhouse.com.

Changes

  1. AgileLeanShop reserves the right to change these Terms of Trade from time to time without contact or warning to customers.

Governing Law and Venue

  1. All trade through the webshop AgileLeanShop is governed by the substantive law of Denmark.
  2. Any dispute arising from trade conducted through the webshop AgileLeanShop can be brought before the Danish courts.
  3. For citizens of Europe who reside outside of Europe, complaints must be submitted through the EU Commission’s Online Complaints Platform: ec.europa.eu
  4. Should any of the clauses in these Terms of Trade conflict with the governing law, this shall not cause the whole document to be regarded as defunct, only the offending clause shall be regarded as defunct, any topics covered by such a clause shall be covered by common governing law.

 

Subscription Terms

Term of Service

  1. These terms of service (the ”Terms”) apply to all online use of Agemba, the online collaboration and transparency workflow tool and accompanying services.
  2. Agemba is a software-as-a-service based on-line collaboration and transparency workflow tool brought to the market by Agile Lean House A/S, Niels Finsensvej 20, DK-7100 Vejle, Denmark. https://AgileLeanHouse.com. CVR/VAT No DK-30279751 (“ALH”).
  3. The product Agemba and its standard functionality is described here: https://agemba.com.
  4. This is referred to as Product Class 2 in the general Terms of Trade above.

Service ”As Is”

  1. Agemba is offered to online users (“Users”) on an “as it is” basis and with the standard functionality offered at https://agemba.biz . Users are solely liable for assessing whether Agemba suits their needs and for the results obtained by using Agemba.
  2. As any other software-based tool, Agemba may contain bugs. Such bugs will if possible be fixed during the continuing development and maintenance of Agemba, but ALH does not warrant any suitability for any particular purpose or assume any legal responsibility for the use of or follow-on effects of the use of Agemba.
  3. Agemba is accessed via the Internet.
  4. ALH intends that Agemba is available to the User without interrupts, but does not guarantee such availability. It is therefore recommended that the User plans his use of Agemba so that any downtime produces the least possible negative effects.
  5. Planned downtime is announced at least 48 hours in advance.
  6. Agemba is backed up daily. The backup is kept for 30 days before it is deleted.
  7. Agemba is updated on an ongoing basis. Such amendments may result in changed or perceived reduced functionality.
  8. The user holds the exclusive rights to the data that are input and generated using Agemba.

User Rights and Duties

  1. When having paid the appropriate fees, the User receives a non-perpetual, non-exclusive, non-transferable right to have a number of people (“End Users”) with different profiles depending on the actual licenses chosen, access and use Agemba.
  2. Agemba may only be used within the scope and guidelines stated by ALH.
  3. The Users and the End Users, respectively, are required to keep secret usernames and passwords used in Agemba. The Users shall indemnify ALH from any misuse of its usernames and passwords, whether such misuse is done by the User, the End Users, or any third party who has gained access to said usernames and password.

Fees and Commercial Details

  1. The Agemba site subscription and payment for it is managed by the Customer logging into Agile Lean Shop. This customer account is not the same as the end-user account used for logging into Agemba.
  2. The Customer can purchase a subscription and upgrade/downgrade a subscription from within the shop. Each change in the subscription is handled as separate orders.
  3. The subscription is prepaid in advance every month or year, depending on the chosen payment interval. The Customer is required to pay for the subscription through the means of payment methods offered by ALH on the website. The Customer commits to sign the necessary documents and to have sufficient funds available for payment through the chosen payment method at each payment date.
  4. ALH’s fees for Agemba and payment terms are found at https://agileleanshop.com/agemba
  5. Agemba is only offered for business entities, not consumers, and therefore Users have no right to regret a subscription.

GDPR and Privacy

  1. Personal information is treated in accordance with ALH’s privacy policy, which is found here…

Suspension and Termination

  1. ALH may unilaterally suspend the User’s access to Agemba for non payment of fees, misuse of the product, breach of confidentiality or any breach of the terms and conditions of use. In the event of a suspension ALH will immediately notify the User and provide a reasonable opportunity to rectify the situation. Suspension may be revoked when ALH has verified that the reason for suspension has been remedied and the appropriate fees paid see: https://agileleanshop.com/agemba
  2. A User’s subscription continues until terminated. After the initial period, the subscription may be terminated by either party by giving 30 days’ online or written notice to the end of a calendar month. 30 days after the expiry of the subscription, no matter the cause, the User’s data is automatically deleted, except for such data that ALH is required to keep according to Danish law.
  3. Prepaid subscription fees are not refunded.

Limited Liability

  1. The User is solely liable for any use of Agemba; ALH is not liable for either the content the User has stored or generated in Agemba or the User’s use of the same.
  2. Each party is liable for damages in accordance with the general rules of Danish law, with the following exceptions:
    1. ALH’s duty to pay compensation shall in no event exceed an amount equal to six months’ subscription fees.
    2. Neither party is liable for operational losses, unrealised savings, consequential losses or indirect losses. Loss of data and expenses used to reestablish or reinstall data shall be deemed indirect or consequential losses.

Force Majeure and Other Service Obstacles

  1. ALH shall not be liable to the customer, if ALH is prevented or delayed in performing its services by circumstances over which ALH has no control. For example, war, riots or acts of terrorism, strikes or lock-outs, epidemics, pandemics or effects thereof, natural disasters, computer virus, hacking, DoS- or DDoS-attacks, spamming, crypto attacks or other abnormal circumstances affecting ALH systems or networks, public orders or orders from rights holders or other circumstances over which ALH as no control.

Changes

  1. ALH may change these terms, including changing the price for using Agemba by giving a prior notice of three months.

Governing Law and Venue

  1. These Terms shall be governed by and construed in accordance with substantive Danish law and without regard to conflict of law provisions.
  2. Any dispute arising out of or related to these Terms, which cannot be settled peacefully, must be brought to the Danish Institute of Arbitration.
  3. The party initiating proceedings must pay the registration fee. The loser must pay the balance of the costs.
  4. The arbitration must take place in Copenhagen and the arbitration must be in English.
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