Last Update: 24.01.2022

 

General Terms and Conditions for the use of CheckMyDeck.™

 

These terms and conditions (the "Terms") are the terms and conditions upon which Kavanders GmbH ("Kavanders & Co./we/us") make this website at the domain name www.kavanders.com and other related subdomain websites and services (collectively, the "Website") available to you. In the version valid at the time of the placement of your order, these Terms govern your use of the Kavanders & Co. Website and services together with the Privacy Policy.

By sending your pitch deck in the format described under section 1 and making the payment accordingly to section 2, you agree to be bound by these Terms and our Privacy Policy.

 

1. Services

 

1.1 We provide an online service called CheckMyDeck.™ ("the Service"), available at www.kavanders.com/checkmydeck, focused on subjectively evaluating the pitch deck that you submit, and based on the Service level you choose to contract, it might include other services such as sparring, pitch training, coaching sessions and pitch simulations. 

You can choose to contract the Service among the levels available at the time of your order, as described on the Website.

1.2 To contract any of the different levels of the Service, you shall follow the instructions available on our Website and use the available form (the "Form") on www.kavanders.com/checkmydeck, indicating the chosen level. By means of the Form, you shall send us your pitch deck in a PDF file format as described on the Form. To complete your Service order, you shall make the payment following the indications described in section 2.

1.3 Once the uploaded pitch deck, in PDF format, together with the payment has been received by us, we will start working on your request, and the Service delivery will begin. We will deliver a feedback report on the pitch deck to you within the timeframe specified in the level of Service you have contracted on the Website. For some level of Service, as specified on the Website, the response time and delivery will be flexible and customized according to your needs and decided from time to time between you and us.

1.4 The Service will be delivered manually by means of a report, sent via e-mail to the designated e-mail account you provided in the Form. 

1.5 In case the Service level you have contracted includes one or more sparring sessions, we will send you an invite via e-mail to book a slot in our online calendar for the first sparring session. This meeting will be held by means of a video conference call, via virtual meeting software at our discretion. We reserve the right to use any tool of our choice for the video conference call to be held. Once the first sparring session has been completed, any date and time for subsequent sparring sessions or training sessions will be agreed upon between you and us, based on availabilities.

1.6 In the event that we are unable to supply all or part of the Service we shall notify you as soon as possible and in accordance with section 3.

1.7 You must ensure that the details you provide on the Form are at any time correct and complete.

 

2. Orders/Payments and Prices

 

2.1 At the moment of proceeding with payment, you will be redirected to a payment page, the processing and facilitation of all payments for our Service are provided on our behalf by an online payment service provider.

2.2 You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details and all necessary payment details. Remember to use the same e-mail account, which was used in the Form, also in the payment form.

2.3 A valid credit or debit card is required for contracting the Service.

2.4 We accept payments by all major credit and/or debit cards, we reserve the right to reject some cards typology, credit and/or debit cards as we may specify from time to time.

2.5 By clicking on the "Pay" button at the end of the order process, you are consenting to be bound by these Terms, appearing on our website.

2.6 Submitting your order is subject to our acceptance. We will send an e-mail confirmation of your order details to advise that we are processing your order. We will not consider ourselves bound by a contract with you until we have issued this e-mail confirmation.

2.7 Once the payment has been processed, downgrading or switching to another level of Service is not possible, unless specifically authorized by Kavanders & Co.

2.8 All prices indicated on the Website include the applicable VAT rates. The VAT rate applicable to a particular transaction will depend on your billing information. You are responsible for all the payment of VAT rates and taxes as they might apply to you or your business.

2.9 Once the payment has been confirmed, you will receive the invoice and a welcome e-mail with further information, on your e-mail account provided on the Form.

2.10 Each Service level is offered at a different price accordingly to the table available at www.kavanders.com/checkmydeck.

2.11 Service prices are based on remote service delivery, and they exclude any physical delivery.

2.12 Please note that from time to time, Service prices and delivery timing may vary. Service prices might change without notice based on our discretion.

2.13 By submitting an order you declare you are eighteen years of age or over.

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3. Delivery

 

3.1 To avoid problems or delays with delivery, you must ensure that you have included all the required details in the Form as per clause 1.7 together with your correct e-mail address so that in the event of any delivery problems being encountered, we may contact you to enable delivery to be made.

3.2 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that in very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or reimburse your payment in full or partially.

3.3 We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

3.4 Our offices are open from 9 am to 5 pm CET. Deliveries are not available on bank holidays of the Kanton Nidwalden in Switzerland. Orders received on a bank holiday or over the weekend will be processed the next workday. 

3.5 Our Service is not available for same-day delivery or other special delivery services. Further information regarding services availability and delivery options may be presented when placing your order.

 

4. Cancellation/Amendments and Refund policy

 

4.1 If for any reason you wish to change or cancel your order, subject to clause 4.2, please contact us via e-mail: hello@kavanders.com and provide the following information:

• E-mail 

• Phone number

• First name

• Last name

Please give 48 hours notice before the requested delivery date.

4.2 You may not cancel an order of a Service if, at the time you seek to cancel, our work process has begun.

4.3 In the event you are not satisfied with our Service, please contact us and we will do all we can to improve the situation. In order to assist us in resolving any complaints quickly and successfully, we advise you to make any complaints within one working day of the date of delivery or intended delivery of your purchase.

4.4 Any complaints should be addressed in the first instance to:

• By e-mail: hello@kavanders.com

• By post: Kavanders GmbH, Dorfplatz 9, 6052 Hergiswil, Switzerland

4.5 To request a refund, you need to contact us via e-mail, see e-mail details under 4.4, detailing the reason for your request within one working day of the date of delivery or intended delivery of your order. We will review your refund request and we will send you a reply on its approval or rejection.

4.6 If your refund request is approved, the refund will generally be done using the same payment method that you used to make the payment in question. 

 

5. Disclaimer

 

5.1 Whilst we agree to use all reasonable endeavours to ensure that our Website and the Service is fully operational and error-free, we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of our Website or Service and we shall be released from our obligations under these Terms in the event of any cause beyond our reasonable control which renders the provision of the Service impossible or impractical.

5.2 Our Service is not intended to be used as the sole basis for any decision-making and is based upon data which is provided by you and any third parties, the accuracy of which it would not be possible for us to guarantee. We do not take any steps to verify the adequacy, accuracy or completeness of any information submitted by you. You are solely responsible for the accuracy of the data submitted to Kavanders & Co. 

5.3 Kavanders & Co. does not give investment advice, endorsement, analysis or recommendations with respect to any fundraising opportunity. Neither Kavanders & Co. nor any of its officers, directors, agents and employees makes any warranty, express or implied, of any kind whatsoever related to the adequacy, accuracy or completeness of any information on this Website or the use of information on this Website. 

5.4 We give you no warranty or assurance about the contents of the Service and fundraising success. Whilst we do endeavour to maintain the accuracy and the quality of the Service, the information contained may be incorrect or out of date. Therefore, any use of the Service is at your own risk and responsibility.

5.5 We exclude all our liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access our website and/or the Service, whether arising in contract, tort (including negligence), under statute or otherwise. 

5.6 Where any matter gives rise to a valid claim against us, its liability shall be limited to a sum equal to the sum paid for the Services supplied under these Terms.

5.7 We shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

5.8 You shall fully indemnify and defend us against any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by us in connection with your use of the Service and as a consequence of any breach of rights (included third parties rights) you might have breached during the Service order.

5.9 We understand that it is under a legal duty to supply services that are in accordance with these Terms.

 

6. General

 

6.1 We reserve the right to supplement and amend these Terms from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms on each occasion you access our Service or website. All subsequent collaboration between you and us shall be on the new terms and conditions.

6.2 We reserve the right to suspend, restrict or terminate access to the Service for any reason at any time.

6.3 The Service must be used only for the scope described in these Terms and not be used for the following purposes: disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, gaining unauthorized access to other computer systems, interfering with any other person's use or enjoyment of our website or Service.

6.4 We reserve the right to refuse to provide you with the Service. 

6.5 Your access to the website and Service may be occasionally restricted to allow for routine maintenance.

6.3 Your purchase will be deemed to have occurred in Switzerland. These terms and conditions shall be governed by and construed in accordance with Swiss Law and the parties agree to submit to the exclusive jurisdiction of the Swiss courts. 

 

7. Data Protection

 

7.1 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Federal Act on Data Protection ("FODP"), the General Data Protection Regulation (EU) 2016/679 and other applicable data protection laws (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these terms and conditions and as stated in our Privacy Policy. The Privacy Policy available on our Website describes the conditions under which we process personal data. The Privacy Policy constitutes an integral part of these Terms. If you agree to these Terms, you also agree to our Privacy Policy.

 

8. Confidentiality

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8.1 Both you and us, undertake that shall not at any time disclose to any person any reciprocal confidential information concerning the business, services, affairs, customers, clients or suppliers except as permitted within the scope of these Terms.

8.2 We can disclose your confidential information: (i) to our employees, officers, representatives or advisers who may need access to it for the purpose of carrying out the Service; (ii) as may be required by law, court order or any governmental or regulatory authority.

8.3 We shall not use your confidential information for any purpose other than to perform our services under these Terms.

 

9. Intellectual Property and Trademarks

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9.1 All rights, including copyright, in our Website are owned by us. Any use of our Website, Service or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use in scope with the Service is prohibited without our written permission. 

9.2 Access to the Service does not grant you any database rights or rights in the copyright, trademarks or any of our other intellectual property rights or any third party.

The Service and everything on our website is protected by copyright and other intellectual property rights. You are not permitted to adapt, alter, modify, reverse engineer, decompile or otherwise interfere with any element of the Service.

We hold various mark registrations which you shall not use without our prior written authorization.

9.3 All objects and details appearing on the report we send you, sparring/training live seasons or received by any other means, including but not limited to the content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either us, a user or a third party, whom we might have entered into an agreement with. You may not use the above-mentioned for any purpose whatsoever other than the scope as permitted by the Service.