Terms and Conditions

Last updated 2024-04-12

SECTION 1 – INTRODUCTION AND SCOPE

Sesamy AB (“Sesamy”) provides you with website functions and other products and services when you visit and shop on Sesamy’s websites, mobile app or when you purchase or subscribe to content from our partners (the “Service”). In our Service and in these Terms, the words “we”, “us” and “our” refers to Sesamy. By using our Service and/or purchasing anything from us or our partners (“Partners”), you agree to be bound by these Terms and Conditions (“Terms”), including the additional terms and policies referenced herein and available by hyperlink. If you do not accept the Terms, you may not use the Service. See our Privacy Policy for information on how we collect and process your personal data via the Service.

Please read the Terms carefully before using our Service. By using the Service, you confirm that you agree to the Terms.

Sesamy acts as an agent and facilitator of payments for Content provided to you by our Partners. Sesamy is not a party to the sales or subscription agreement of Content between you and the Partner. Your purchase or subscription of Content from our Partners will be subject to additional terms and conditions provided by the Partners.

“Content” means any digital or physical product or services that can be purchased from a Partner using the Service, such as books, data, magazines, articles, websites, podcasts, videos, courses, events, consultations, etc.

SECTION 1 - LEGAL CAPACITY

You may only enter into these Terms if you are over the age of majority and able to enter into a legally binding contract in the country in which you reside. If you are acting or placing an order on behalf of an organisation, you represent that you are an authorised representative of that organisation.

SECTION 2 – SESAMY’S ROLE

Sesamy acts as an agent and facilitator of payments for Content and services provided to you by our Partners. Content is acquired by you from the third-party provider, the Partner, as displayed on the product page or during the acquisition process for the relevant Content. Sesamy is not a party to the transaction between you and the Partner.

The Partner, and not Sesamy, is responsible for the Content that you may purchase from the Partner using the Service. This includes, without limitation, any responsibility for delivery, quality, conformity, non-compliance, refunds etc that relates to the Content. Sesamy takes no responsibility and has no obligations with respect to the Content purchased by you from the Partner.

The Content and services may vary in format, duration, quality, and availability, depending on the Partner and the terms and conditions that apply to each such Content or service. You should read the information and description of the Content and service carefully before purchasing or subscribing to it.

SECTION 3 – ORDER AND WITHDRAWAL

When you place an order using the Service, we or the Partner will send you an email confirming that we have received your order and containing information about your order. The order confirmation is a confirmation that your order has been received, but it does not constitute an acceptance of your request to purchase the products ordered. Such acceptance of your request, and the making of a purchase agreement, is set out in the information provided to you by Sesamy or the Partner.

You agree to provide us with current, complete and accurate purchase and account information for all purchases made through our Service. You agree that as soon as your information changes, update it in your account so that we can complete your transactions and contact you as necessary. To the extent permitted by law, we and our Partner may verify your identity. Sesamy will use reasonable efforts to protect information submitted by you in connection with the Service, but you agree that your submission of such information is at your own risk. You must notify us immediately if you become aware of any unauthorised use of your credentials in connection with the Service. Prior to such notice to Sesamy, you are responsible for any actions taken through the use of your credentials.

By accepting these Terms, you consent to the commencement of the provision of the Service, and thus you agree that there is no right of withdrawal. However, you can withdraw your consent at any time.

Sesamy is not a party to the transaction between you and the Partner and any requests for withdrawal of a purchase or subscription of Content must be provided by you to the Partner.

You can pay for the Content using the payment methods that are available on the Service, such as credit card, debit card, or mobile payment. We will present your payment methods in a certain order based on various factors, such as if you have chosen a preferred payment method, if you have used a particular payment method in the past or if we are required by law to display payment methods in a certain order. This does not affect which payment methods are available to you, only the order in which we display them.

SECTION 4 – INTELLECTUAL PROPERTY

All Content included in or made available via the Service, e.g. text, graphics, logos, button icons, images, audio clips and data compilations, belong to Sesamy or a third party.

You may not extract and/or reuse any part of the Content without our express consent. In particular, you may not use data mining, robots or similar data collection and extraction tools to reuse and/or extract (whether once or repeatedly) any substantial portion of the Content without our express consent. You may not create and/or publish your own database containing substantial portions of the Content (e.g. our prices and product listings) without our express consent.

SECTION 5 – THIRD PARTY LINKS AND TOOLS

Some Content available through the Service may contain material from and links to third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for investigating or evaluating the Content or accuracy of these websites and we do not guarantee and will not be responsible for any material on third party websites, or for other materials, products or services of third parties or Partners.

We may provide you with access to third-party tools that we neither monitor nor control (such as streaming or playback platforms and applications). We take no responsibility for your use of such third-party tools. All your use of third-party tools (both independently and in combination with our products) is entirely at your own risk and you must ensure that you are aware of and agree to the terms of use of the tools provided by the relevant third-party providers.

SECTION 6 – USER-GENERATED CONTENT

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, send creative ideas, proposals, plans, product reviews or other materials, whether online, by email, by post or otherwise (hereinafter referred to as “Materials”), you agree that we may at any time and without limitation edit, copy, publish, distribute, translate and otherwise use in any medium any Material that you forward to us. We are not and will not be responsible for (i) treating Materials as confidential, (ii) paying compensation for Materials, or (iii) responding to Materials.

We reserve the right, but have no obligation, to remove or edit any Material that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise inappropriate or that infringes any party's intellectual property rights; or these Terms.

If you believe that any Material or other Content provided on our Service is inappropriate or if any information infringes your intellectual property rights, please notify us by sending us a message at [email protected].

You warrant that you own or otherwise control all rights to the Material you post and that it does not infringe the rights of any third party. You agree to indemnify, defend and hold Sesamy harmless from any claim or demand (including reasonable attorneys’ fees) brought against us by a third party arising out of or in connection with Materials you provide us.

SECTION 7 - PERSONAL DATA

Your personal data will be processed in accordance with applicable law and our Privacy Policy. See our Privacy Policy.

SECTION 8 - PROHIBITED USE

In addition to other prohibitions described in the Terms, you are prohibited from using the Service: (i) for any illegal purpose, (ii) to induce others to perform illegal acts, (iii) to violate rules, laws or local ordinances, (iv) to limit or violate our or third parties intellectual property rights, (v) to harass, defame, insult, harm, threaten or discriminate based on gender, sexual orientation, religion, ethnicity, age, nationality, disability or otherwise, (vi) to send false or misleading information, (vii) to transmit or send viruses or other types of malicious code that can be used in a way that affects the functioning or operation of the Service, (viii) to collect or track the personal information of others, (ix) for obscene or immoral purposes, or (x) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service and close your account if it involves prohibited use.

SECTION 9 - LIMITED LIABILITY AND ERRORS

Although we strive to ensure that the information available in our Service is always accurate and up-to-date, the Service may contain typographical errors or omissions in product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct such errors or omissions and to change or update the information or cancel orders not yet accepted by Sesamy if any information is incorrect, at any time and without notice to you.

The Service is provided “as-is” and without any representation or warranty, whether express or implied. We do not guarantee that your use of the Service will be uninterrupted, punctual, secure or error-free. Your access to the Service may occasionally be suspended or restricted to allow for repair, maintenance or the introduction of new services or features. We will try to limit the frequency and duration of any such suspension or restriction.

Sesamy has no responsibility to continue making Content available through our Service and Sesamy will not be liable to you if Content becomes unavailable for download, redownload or streaming.

Sesamy is not liable for any lack of conformity that you discover in the Content provided by our Partner. In particular, Sesamy makes no warranties and shall have no liability with respect to the Content provided by a Partner. Sesamy is not responsible or liable for claims (i) that the offer or sale of the Partner’s Content fail to conform to any applicable legal or regulatory requirements or claims; ii) relating to the Partner’s Content or practices arising under consumer protection laws or similar legislation; or iii) that the information provided by the Partner is inaccurate, incomplete or out of date.

In no event shall Sesamy be liable for (i) any loss not caused by a breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, data, goodwill or unnecessary expenditure), or (iii) any indirect or consequential losses.

We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is due to any cause beyond our reasonable control.

Sesamy’s total liability to you for any loss or damage arising in connection with your order for the Service is limited to the total amount of your order.

Your local laws may limit or prohibit disclaiming the warranties or responsibility referred to above or impose obligations that we cannot eliminate with these Terms. These Terms do not restrict, exclude or modify any consumer rights under any applicable law. Sesamy’s liability shall be limited to the extent such limitations are permitted by applicable laws.

If you are an organisation based in the EU, then these Terms don’t affect the rights you may have as a business user of online intermediation services under the EU Platform-to-Business Regulation (EU 2019/1150), to the extent applicable.

SECTION 10 – TERMINATION

These Terms are effective until terminated by either you or us. We may terminate these Terms, or limit, suspend, change, or remove your access to any Service, including any feature or aspect of the Service, at any time for any reason. You may terminate these Terms at any time by discontinuing use of the Service and closing your account. A termination by you of the Terms does not affect any terms and conditions you have entered into with a Partner concerning the purchase or subscription of Content.

If the Terms are terminated, you may no longer use the Service. The obligations and responsibilities of the parties that arose before the termination date shall continue to apply after the termination of these Terms. Termination does not relieve you of your obligations to pay amounts owed to Sesamy or a Partner.

Sesamy is not a party to the sales or subscription agreement of Content between you and the Partner. Contact the Partner for any questions regarding termination of subscriptions or refunds.

SECTION 11 – ENTIRE AGREEMENT

These Terms and any policies or terms linked herein or asserted in writing at the time of your purchase constitute the entire agreement between Sesamy and you and govern your use of the Service. They supersede all prior agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

If we do not exercise or exercise a right in these Terms, it does not constitute a waiver of such rights or Terms.

You agree that we may assign any or our rights or the agreement to any person or entity, provided that such assignment will not in any way limit your rights under consumer laws.

SECTION 12 – MODIFICATION OF TERMS

You can review the latest version of the Terms at any time on this page.

We reserve the right to make changes to the Service, policies and terms, including these Terms, at any time. You will be subject to the Terms, policies and other terms in effect at the time you use the Service. If we make any material changes, we will inform you at least 30 days prior to the change and remind you of your rights. You will retain the option to cancel your account with us at any time and stop using the Service if you do not agree to the changes. If any of these Terms is deemed to be invalid or for any reason unenforceable, that Term will be ineffective, however, without affecting the validity and enforceability of any of the remaining Terms.

Your continued use of or access to our Service, following the posting of changes to these Terms, constitutes acceptance of those changes.

SECTION 13 - APPLICABLE LAW AND DISPUTES

These Terms and any purchase of products shall be governed by and interpreted in accordance with Swedish law.

If you have any dispute or complaint regarding the Service, the Content, or the Partner, you should contact us at [email protected] and we will try to resolve it as soon as possible. Disputes arising from the Terms shall be finally settled by a general court with the Stockholm district court as the first instance. If you are a consumer and are domiciled within the EU, you can also take advantage of the protection you have under mandatory consumer law provisions in the country where you live. A consumer can also use the alternative dispute resolution process provided by the General Complaints Board (Allmänna reklamationsnämnden), Box 174, 101 23 Stockholm, Sweden, www.arn.se. In addition, the European Commission provides an online dispute resolution platform that you can access here.

SECTION 14 - CONTACT INFORMATION

If you have any questions about these Terms or want to get in touch with us, please send an email to [email protected].

Sesamy AB
Org. no: 559241–5227
Eriksbergsgatan 8 B
114 30 Stockholm
Sweden