Culture By Design

Who we are and how to contact us 1.1 We are With Company Lda ("With Company", "our", "us" and "we") of Rua General Farinha Beirão 20, 2º Andar 1150-172 Lisboa, Portugal. We are a registered company in Portugal with company registration number 513 410 295. 1.2 You can contact us by sending an email to go@with-company.com. When we contact you we will use the contact details that you have provided us. These Terms

2.1 The following terms and conditions, along with our Privacy Statement and our Cookies Policy (collectively, these "Terms"), govern your access to and use of http://learning.with-company.com (the "Website"), any and every one text, graphics, images, audio, video, information and other materials available through the web site (together "Content"), functionality, and therefore the services offered on and thru the web site, other than our subscription services, which are covered in our Subscription Terms. These Terms are entered into by and between you and With Company Lda.

2.2 To enjoy the services provided on our Website (“Services”), you need to read and accept these Terms. By clicking I accept, you indicate your acceptance of those Terms. If you do not want to agree to these Terms, you should not access or use the Website or Services. 2.3 If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. In such a scenario, the words "you" and "your" when used in these Terms will apply to the person on whose behalf you are acting as well as you as an individual as appropriate.

2.4 If you are using our Services on behalf of a corporate entity or organisation, then you agree to these Terms on behalf of that corporate entity or organisation and its affiliates and you represent that you have the authority to do so. In such a scenario, the words "you" and "your" when used in these Terms will apply to your or organisation and its affiliates as well as you as an individual as appropriate.

2.5 We may modify these Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our posting of the revised Terms on the Website. You agree to be bound by and changes to these Terms when you use our Website and Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

2.6 These Terms apply to the order and supply of Services by us to you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Interpretation 3.1 Section headings and captions in these Terms are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms. 3.2 References to a statute or statutory provision includes any consolidation, re-enactment, modification or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment or replacement of and any subordinate legislation in force under any of the same from time to time. 3.3 References to a document include a reference to that document as amended. 3.4 Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons. 3.5 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 3.6 A reference to a regulator or to a regulatory board shall include any replacement or successor bodies from time to time. 4. Your use of our website and services 4.1 Your use of our Services is governed by these Terms. We may at our absolute discretion refuse your access to the Services and/or cancel/terminate your registration or use without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your use/registration. 4.2 You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website. 4.3 You must be 18 years of age or over to use the Website and/or our Services. 4.4 Use of the Website and/or Services requires a connection to the internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such. 4.5 You agree to act in a responsible and legal manner when using the Website and Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Website and Services for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user. 4.6 In consideration of the Fees, we agree to provide the Services to you in accordance with these Terms and we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Content for the performance of the Services (the "Licence"). 4.7 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that: 4.7.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; 4.7.2 facilitates illegal activity 4.7.3 depicts sexually explicit images; 4.7.4 promotes unlawful violence; 4.7.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or 4.7.6 in a manner that is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this section 4.8 We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this section, including, without limitation, reporting you to appropriate law enforcement authorities. 4.9 We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this section, or which we suspect to be in breach of this section at our absolute discretion. We shall be entitled to terminate your Account or use for breach of this section. 4.10 Save as expressly set out in these Terms or as otherwise permitted by law, you may not make any communication, display or performance to the public of the Content or otherwise disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the Content. 4.11 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Content and, in the event of any such unauthorised access or use, promptly notify With Company Lda. 4.12 The Content and the Services are provided “as is” and With Company Lda hereby disclaims all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Content and the Services. We do not warrant or undertake that the Services or any other materials provided pursuant to these Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bug or error or completely secure. Except as expressly provided in these Terms, the entire risk as to the products, the Services and any other materials provided by With Company Lda is with you, including for quality and performance and for accuracy or quality of any information transmitted, received or otherwise delivered via the Services. 4.13 All information provided to you through the Services, Content or on the Website is provided only as of the date published, and may be superseded by subsequent events or for other reasons. 4.14 Information provided through the Services or on the Website is subject to change. We may amend, update, suspend or delete any information in the Content without notice at any time and at our sole discretion. 5. Third Party Providers 5.1 You acknowledge that the Website and the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not With Company Lda. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Website or the Services. 6. Your Obligations 6.1 Pursuant to these Terms each party may be given information which is expressly marked as confidential or which is manifestly of a confidential nature ("Confidential Information"). A party's Confidential Information shall not be deemed to include information that: 6.1.1 is or becomes publicly known other than through any act or omission of the receiving party; 6.1.2 was in the other party's lawful possession before the disclosure; 6.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; 6.1.4 is independently developed by the receiving party, which independent development can be shown by written evidence; or 6.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body. 6.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of these Terms. 6.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms. 6.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party. 6.5 This section 5 shall survive termination of these Terms, however arising. 7. Intellectual Property 7.1 All Intellectual Property Rights in the Website, the Content and the Services, are and shall remain the sole property of With Company Lda and/or our licensors. Other than the Licence, nothing in this Agreement shall be construed as granting to you any rights in any Intellectual Property Rights comprised in the Website, the Content or the Services. 7.2 We warrant that we have the right to licence the Content under these Terms and that there are no agreements between us and any third party that conflict with these Terms. 8. Data Control & Processing 8.1 In respect of any personal data ("Personal Data", as defined in the General Data Protection Regulation (EU) (2016/679) and the Data Protection Act 2018 (together the "Data Protection Legislation")) that you provide to us which we process under these Terms, you are informed that we shall be the controller and Tito shall be the data processor. 8.2 As the controller, we are solely responsible for establishing the lawful basis for the processing of Personal Data by us under these Terms and will ensure that all necessary appropriate consents and notices are in place to enable lawful transfer of the Personal Data to us for the duration and purposes of these Terms. 8.3 To the extent that Tito process Personal Data pursuant to these Terms, we shall: 8.3.1 inform you if it comes to our attention that any instructions received from you in relation to the processing of the Personal Data infringe the provisions of Data Protection Legislation, but for clarity it is acknowledged that we shall have no obligation to review the lawfulness of any instruction received from you; 8.3.2 ensure that Tito personnel who are authorized to process the Personal Data are subject to appropriate confidentiality obligations in respect of the Personal Data; 8.3.3 Assure that Tito implements and at all times maintains appropriate technical and organisational measures to ensure the security of the Personal Data taking into account: (i) the state of the art; (ii) the costs of implementation; (iii) the nature, scope, context and purposes of the processing; and (iv) the risks posed to data subjects by the processing activities; 8.3.4 cooperate as reasonably requested by you (at your sole expense): 8.3.5 with our obligations to comply with any exercise of rights by a data subject under the Data Protection Legislation in respect of Personal Data, where the relevant data is held by With Company Lda and is not readily available to you through the Services; and 8.3.5.1 where we conduct a data protection impact assessment; 8.3.5.2 notify you if With Company Lda receives a request from a data subject to exercise his or her rights under the Data Protection Legislation. With Company Lda shall not respond directly to such a data subject unless you instruct us to do so; 8.3.6 notify you without undue delay after becoming aware of any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data; and 8.3.7 cooperate with the Office of the Data Protection Commissioner (or, to the extent you reasonably require, any other supervisory authority) in the performance of its tasks where required. 8.4 To the extent that Tito process Personal Data on our behalf, we will make available such information as is reasonably necessary to demonstrate compliance with the obligations of processors under Data Protection Legislation and, not more than once in any period of twelve months, and at your cost and on 14 days' prior written notice, allow for and contribute to an audit, including an inspection, by you for that purpose. 8.5 Nothing in these Terms shall entitle you to access or inspect any records which contain information relating to any other customer of With Company Lda and we shall be entitled to restrict or prevent access to any part of our premises which we considers in our sole discretion could compromise the security of any information or data relating to such other customers. 8.6 By accepting these Terms you accept our use of the sub-processors listed in our Privacy Policy. 9. Termination 9.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Terms with you with immediate effect by giving written notice to you if: 9.1.1 you commit a material breach of any of these Terms and (if such a breach is remediable) fail to remedy that breach within [10] days of you being notified in writing to do so; 9.1.2 you fail to pay any amount due under the Terms on the due date for payment; 9.1.3 you become insolvent or bankrupt or make an arrangement for, or composition with, your creditors or make an application to a court for protection from your creditors (otherwise than voluntarily for the purposes of a bona fide amalgamation or reconstruction) or if a receiver, examiner, administrator or administrative receiver is appointed over any part of that party’s business or if anything analogous occurs in relation to that party under the laws of another jurisdiction; 9.1.4 Termination of the Terms will not affect your or our rights and remedies that have accrued as at termination. 9.1.5 Any provision of the Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect. 9.2 On termination of the Terms with you: 9.2.1 the Licence will immediately cease to have effect and you will no longer be able to receive the Services or the Content; 9.2.2 we shall, upon prior written request and at your option and cost, destroy or return the Personal Data you have provided us. For the avoidance of doubt, you shall not require us to return or destroy Personal Data that we are required to retain under Data Protection Legislation, or by any regulatory authority or body of competent jurisdiction to which With Company Lda is subject; 9.2.3 we shall return all of your Confidential Information, equipment, documentation, information, materials, reports and data. Until they have been returned or repossessed, we shall be solely responsible for their safe keeping. 9.2.4 Any termination of these Terms pursuant to this section shall be without prejudice to any other accrued rights or remedies a party may be entitled to hereunder or at law. 10. Liability 10.1 We shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: 10.1.1 any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings); 10.1.2 any loss of goodwill or reputation; or 10.1.3 any special or indirect or consequential losses, in any case, whether or not such losses were within contemplation at the date you accepted our Terms, or were suffered or incurred by you arising out of or in connection with any matter arising under these Terms. 10.2 If our performance of our obligations under these Terms is prevented or delayed by any breach of these Terms or by your negligent act or omission, we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay. 10.2.1 you are given prompt notice of any such claim; 10.2.2 we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and 10.2.3 you are given sole authority to defend or settle the claim. 10.3 You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for and you shall defend, indemnify and hold us and our officers, directors, representatives, agents and employees harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) suffered or incurred by us or for which we may become liable in relation to or arising from use and processing of the Personal Data, including and in particular such arising from: 10.3.1 civil claims where a final award of damages has been granted or which are subject to a court approved settlement; and/or 10.3.2 administrative fines imposed by a supervisory authority and approved by a court of competent jurisdiction, in each case, except to the extent that such arises due to the failure by With Company Lda to comply with any of its obligations under this Agreement or for breach of the Data Protection Legislation. 11. No Waiver 11.1 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 12. Severability 12.1 If any provision of these Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions. 13. Assignment and sub-licensing 13.1 You may not assign, novate, sub-contract or otherwise transfer part or all of these Terms or any rights or obligations under these Terms without our prior written consent. 13.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

1. No partnership or agency 14.1 Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and With Company Lda. 14.2 We shall not be liable for delay or failure to perform any of our obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond our reasonable control. 14.3 Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post to you at the address you supplied to us or to us at our registered office.

2. Force Majeure 15.1 We shall not be liable to for any delay or non-performance of its obligations under these Terms arising from any cause beyond our control including without limitation: 15.1.1 acts of God, flood, drought, earthquake or other natural disaster; 15.1.2 epidemic or pandemic; 15.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; 15.1.4 nuclear, chemical or biological contamination or sonic boom; 15.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; 15.1.6 collapse of buildings, fire, explosion or accident; or 15.1.7 interruption or failure of utility service, or any other act or omission whether similar to the foregoing or not.

3. Publicity and announcements (no fake news) 16.1 You shall not make, or cause to be made at any time any statement that you know to be factually untrue which directly or indirectly disparages, is inimical, critical or derogatory to or damages the reputation of With Company Lda, whether such statement is in relation to the Services or otherwise.

4. Governing Law 17.1 These Terms shall be governed by and construed in accordance with Portuguese law and you agree to submit to the exclusive jurisdiction of the Portuguese courts.

5. Entire Agreement 18.1 These Terms and any notices raised by us on our Website from time to time constitute the entire agreement between you and With Company Lda regarding the use of this Website and our Services.

Privacy Policy for With Company At With Company, accessible from https://with-company.com, one of our main priorities is the privacy of our visitors. This Privacy Policy page contains types of information that is collected and recorded by With Company and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in this website. This policy is not applicable to any information collected offline or via channels other than this website. For more general information on cookies, please read “What Are Cookies”. How We Use Cookies We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use. Disabling Cookies You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies. The Cookies We Set Forms related cookies When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence. Third Party Cookies In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site. This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page. From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most. GDPR Data Protection Rights We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure – You have the right to request that we erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. Children’s Information Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. With Company does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. More Information Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the Cookies Policy Template Generator and the Privacy Policy Template Generator. However if you are still looking for more information then you can contact us through one of our preferred contact methods: Email: internal@with-company.com