Terms & Conditions

This agreement applies as between you, the User of this Website and LEVITATE , the owners of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that LEVITATE makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the LEVITATE proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located In denmark

"System": means any online communications infrastructure that LEVITATE makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by LEVITATE Ltd and acting in the course of their employment;

"Website": means the website that you are currently using (LEVITATE ) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means LEVITATE , a company incorporated in Denmark.

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of LEVITATE , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Denmark and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of LEVITATE or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that LEVITATE reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that LEVITATE may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from LEVITATE correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between LEVITATE and you.
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
13.6 LEVITATE shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.8 LEVITATE does not provides technical support. If you have issues with a course you need to contact the course owner / Instructor and they will help you. The INSTRUCTORS makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

We want you to be completely satisfied with the Products or Services you order from LEVITATE . If you need to speak to us about your Order, then please contact customer care on hi@LEVITATE.nu. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between LEVITATE and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: hi@levitate.nu . Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
OBS. if you have your course on LEVITATE, you can cancel you order but wont get your money back

14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.

17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

19.1 The Website is provided “as is” and on an “as available” basis. Levitate uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, whether foreseeable or not, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. You use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts LEVITATE’s liability for death or personal injury resulting from LEVITATE’s own negligence or fraud. However, all responsibilities related to the courses, including any claims for death or personal injury caused by course content or the actions of course providers, are the sole responsibility of the course providers. LEVITATE shall not be liable for any such claims or damages resulting from the course providers' actions or omissions.
20.3 Nothing in these Terms and Conditions excludes or restricts LEVITATE’s liability for any direct or indirect loss or damage arising from LEVITATE’s own negligence or fraud. However, LEVITATE shall not be liable for any loss or damage arising out of the incorrect provision of Services or reliance on incorrect information provided by course providers. Course providers are solely responsible for the accuracy of the information they provide and any resulting issues.
20.4 If any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This provision applies only in jurisdictions where a particular term is illegal.
20.5 You acknowledge and agree that LEVITATE functions solely as a platform for course providers. LEVITATE does not assume any responsibility for the content or quality of the courses offered by course providers or any related issues. The course providers are solely responsible for all aspects of their courses, including but not limited to the accuracy of the information provided, the quality of the services, and any interactions with their clients. This responsibility includes, without limitation, any claims for death, personal injury, or other damages that may arise from the course provider’s actions or omissions. LEVITATE is not liable for any such claims or damages.

24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

1. Acceptance of Terms

By purchasing access to LEVITATE, the Client (a business entity) acknowledges and agrees to be bound by these Terms and Conditions. Any purchase of services on the LEVITATE platform constitutes acceptance of these Terms and Conditions.

2. Definitions and Interpretations

For the purposes of this contract:

“LEVITATE” refers to the digital platform providing online course management services.

“Client” refers to the business entity purchasing access to LEVITATE.

“Content” refers to any materials, including but not limited to, course content, documents, and media uploaded to LEVITATE by the Client.

3. Scope of Services

LEVITATE provides a platform for managing and delivering online courses. The services include access to the digital platform for course creation and management but do not include content creation, client communication, or data backup.

4. Payment Terms

The Client agrees to pay the subscription fees as outlined in the invoice or agreement. Payment is due upon receipt of the invoice. If payment is not made within the stipulated period, LEVITATE will issue a reminder email. The Client must settle the outstanding amount within 3 days of the reminder to avoid service disruption.

5. Cancellation and Refund Policy

For B2B purchases, there is no right of withdrawal as per Article 16 of the EU Consumer Rights Directive (2011/83/EU), which excludes B2B transactions from withdrawal rights. Once a subscription is purchased, it is non-refundable for the current month. The subscription will be canceled immediately upon request or non-payment, and no further charges will be incurred. The Client will have until the end of the current month to remove their course content.

6. Intellectual Property Rights

The Client retains ownership of all intellectual property rights in their content. LEVITATE does not claim ownership of, nor does it retain copies of, any content uploaded by the Client. LEVITATE grants the Client a limited, non-exclusive, non-transferable license to use the platform for managing their content.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information received during the term of this contract. Confidential information will not be disclosed to any third party without prior written consent.

8. Data Protection and Privacy

LEVITATE complies with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). This includes:

Data Processing: LEVITATE processes personal data in accordance with GDPR principles, including data minimization, accuracy, and security.

Data Subject Rights: The Client and their users retain rights under GDPR, including access to, correction of, and deletion of personal data.

Data Security: LEVITATE implements appropriate technical and organizational measures to ensure the security of personal data.

The Client is responsible for ensuring that their use of the platform complies with all relevant data protection regulations and that they have obtained any necessary consents from data subjects for processing their data.

For more detailed information on how LEVITATE handles personal data, please refer to our Privacy Policy.

9. Limitation of Liability

LEVITATE will not be liable for any indirect, consequential, or punitive damages arising out of the use or inability to use the platform. The maximum liability of LEVITATE is limited to the amount paid by the Client for the subscription in the last 12 months preceding the claim.

10. Responsibility for Clients’ Customers

LEVITATE shall have no responsibility or liability for the Client’s customers or their interactions with the Client’s courses or content. The Client is solely responsible for managing their customer relationships, providing support, and handling any issues or disputes that arise with their customers. LEVITATE does not engage with or maintain backups of the Client’s content and is not responsible for the Client’s data or customer experience.

11. Termination Conditions

Either party may terminate the contract with immediate effect if the other party breaches any material term of this agreement. In the event of termination, the Client will not be entitled to any refund for the current month, and access to the platform will cease immediately.

12. Force Majeure

Neither party will be held liable for any failure to perform their obligations under this contract due to circumstances beyond their reasonable control, including but not limited to, natural disasters, wars, or strikes.

13. Dispute Resolution

Any disputes arising out of or in connection with this contract shall be resolved in accordance with Danish law and brought before the competent courts in Denmark.

14. Indemnification

The Client agrees to indemnify and hold harmless LEVITATE from any claims, losses, or damages arising out of or in connection with the Client’s use of the platform, including any claims by third parties.

15. Amendments

Any amendments to this contract must be made in writing and signed by authorized representatives of both parties.

16. Assignment and Subcontracting

The Client may not assign or subcontract their obligations under this contract without the prior written consent of LEVITATE.

17. Governing Law

This contract shall be governed by and construed in accordance with the laws of Denmark. Any legal actions or proceedings arising under this contract shall be brought in the courts located in Denmark.

Terms and Conditions

1. Definitions and Interpretation

2. Age Restrictions

3. Business Customers

4. Intellectual Property

5. Third Party Intellectual Property

6. Fair Use of Intellectual Property

7. Links to Other Websites

8. Links to this Website

9. Use of Communications Facilities

10. Accounts

11. Termination and Cancellation of Accounts

12. Services, Pricing and Availability

13. Orders and Provision of Services

14. Cancellation of Orders and Services

15. Privacy

16. How We Use Your Personal Information (Data Protection)

17. Disclaimers

18. Changes to the Facilities and these Terms and Conditions

19. Availability of the Website

20. Limitation of Liability

21. No Waiver

22. Previous Terms and Conditions

23. Third Party Rights

24. Communications

25. Law and Jurisdiction

B2B Contract Terms and Conditions for LEVITATE

LEVITATE

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