Terms and conditions
This contractual document will govern the contracting of services through the website maspirineo.com, property of JOSE MARIA CARRERA PONS under the trademark MASPIRINEO.
Acceptance of this document implies that the client has read, understands and comprehends what is set forth herein.
You are a person with sufficient capacity to contract. Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the MASPIRINEO website. The content of these terms and conditions of hire, as well as any information contained on this website, is subject to change and update without notice. These modifications come into effect as soon as the updated terms and conditions are published on the website. The Customer/Student will be bound by the terms and conditions in force, at the time they register/purchase from the website.IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods or services contracted by the Client is JOSÉ MARÍA CARRERA PONS, hereinafter MASPIRINEO, with registered office at C/La Fuente nº7 – 22465 Chía (Huesca), NIF 73201030B, mobile (+34)606991200 and e-mail escuela@maspirineo.com.
And on the other hand, the Client, registered in the web site by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to MASPIRINEO.CONTRACT OBJECT
The purpose of this contract is to regulate the contractual purchase and sale relationship between MASPIRINEO and the Customer at the moment the Customer accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery of a specific service in exchange for a specific price publicly displayed on the website.
DEFINITIONS
Within the framework of these terms and conditions, as well as on the MASPIRINEO website, the following words are defined as follows:
Client: The contracting party with MASPIRINEO. The Client can be either a natural person, adult and over 18 years old, or a legal entity. Student: Natural person designated by the Client in MASPIRINEO, as the beneficiary of MASPIRINEO’s online courses. The student could be the Client himself/herself if he/she reaches the age of majority. Web Site: Virtual learning platform made available to the Client/Student by MASPIRINEO, within the framework of the present terms and conditions. The URL dedicated to this website is as follows: https://maspirineo.com/condiciones-de-contratacion/ This website is owned by JOSE MARIA CARRERA PONS, (registered in the Register of active tourism under reference number TA-HU-94 and located at C/La Fuente nº 7 – 22465 Chía (Huesca). Training: Distance learning tool provided to the student by MASPIRINEO.RECRUITMENT PROCEDURE
The Client, in order to access the services offered by MASPIRINEO and formalize the contract, must register through the website by creating a user account and checking the “Accept” box located at the bottom of the corresponding page. Therefore, the Customer must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on personal data protection detailed in section 13 of this document, Privacy Policy.
The Client/Student shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform MASPIRINEO of the loss or theft of the same or of possible access by an unauthorized third party, so that the latter may proceed to block them immediately. Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps: 1. General contract clauses Unless otherwise stipulated in writing, access to the service implies the acceptance by the Client/Student of all these legal conditions. Any condition that is not expressly accepted in advance and in writing by MASPIRINEO, remains unappealable with respect to MASPIRINEO, regardless of when or at what particular time it may have come to the knowledge or realized any commercial significance for the party. All paragraphs that make up the whole of this contract are relevant even if they are not applicable, it is not possible to selectively interpret or oppose a clause without giving rise to a waiver by MASPIRINEO taking into account the conditional clauses that constitute the agreement mentioned below (null and void conditions). 2. Shipping orders MASPIRINEO will not send any proof of order until it has verified that payment has been made. As the order does not entail the physical delivery of any product, being the contracted services used or downloaded directly from the website, MASPIRINEO will previously inform the Client/Student regarding the procedure to follow for its use or download. 3. Right of withdrawal The Client/Student has the same rights and deadlines to make the return and/or claim the possible vices or defects that the service presents, both in online and offline mode. If the Customer/Pupil is a natural person and in accordance with Regulation 6 of the European Communities (Protection of Consumers in Respect of Contracts Concluded by Means of Distance Communication) Regulations 2001, the Customer benefits from a period of 14 working days to cancel the contract made by such means of distance communication, without giving a reason, and, if the Customer/Pupil makes use of that right of cancellation, he or she will not incur any charge or penalty. Notwithstanding this provision, the 14 day period shall begin to run on the day on which the Client/Pupil accepts these terms and conditions. Unless otherwise agreed between MASPIRINEO and the Customer, the Customer may not exercise the right of revocation referred to in this paragraph once the training purchased has begun. MASPIRINEO reminds that this right does not apply to the legal entity. 4. Claims Any complaint that the Client/Student considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses: Direction: JOSÉ MARÍA CARRERA PONS, C/La Fuente nº 7 – 22465 Chía (Huesca) Mobile: (+34)606991200 email: escuela@maspirineo.com In the event of a complaint or dispute of any nature, MASPIRINEO and the Client/Student agree to try to resolve the complaint or dispute friendly. Online Dispute Resolution (Online Dispute Resolution) Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the Client/Student and MASPIRINEO, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ 5. Force Majeure MASPIRINEO shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond MASPIRINEO’s control, including but not limited to cases of force majeure, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of delay, MASPIRINEO may be excused from performance, insofar as it is delayed or prevented by such causes, and for the entire period of time in question. 6. Competition The Customer/Student may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale. Should any provision of these terms and conditions be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way. The Client/Student declares that he/she has read, knows and accepts these General Conditions in their entirety. 7. MASPIRINEO’s Obligations and Responsibilities 7.1 Continuity and consistency of service MASPIRINEO expressly agrees to provide all its resources in the delivery, availability and in the provision of services in general and in this document, undertakes to fulfill its obligation as a service provider to the best of its ability. MASPIRINEO undertakes to act with the utmost diligence and care as possible and proceed to supply a quality service in accordance with generally recognized practices: except in the hypothetical case that the service is suspended, under special instructions required. Accordingly, MASPIRINEO will be contractually obliged to provide access (24/24) and weekly (7/7), and conditioned to be able to guarantee its services given the conditions of supply (subsequent network performance). MASPIRINEO reserves the right to interrupt the service through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason in connection with maintenance. MASPIRINEO, without affecting any of its rights and responsibilities, promises to inform the Customer/Pupil, within a reasonable time, of the date on which it intends to carry out maintenance, so that the Customer/Pupil can make other arrangements. The Client/Learner acknowledges that the training may not be available in the event that the Client/Learner is unable or incapable of accessing the Internet or this website. MASPIRINEO shall not be liable for the inability of the Client to access the training under these circumstances. In particular, it is up to the Client/Pupil to maintain his or her own virus protection and browser version. MASPIRINEO will not be responsible for any virus transmitted through its website. Likewise, MASPIRINEO disclaims any liability for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, MASPIRINEO applies the appropriate means to prevent illegal intrusions. MASPIRINEO shall in no case be liable for any damages related to it, such as loss of operation, loss of profit, loss of value, damages or expenses. 7.2. Quality of Service MASPIRINEO undertakes to exercise with due diligence and care its offer, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities. If the training provided by the Client/Pupil is suspended as a result of a decision by a competent authority, MASPIRINEO will reimburse the Client or offer him/her a credit valid for one year, equal to the amount of said training offer. The Parties agree that MASPIRINEO has the right to modify the services without prior notice. 7.3. After Sales Services MASPIRINEO undertakes to provide the Customer with the necessary assistance with regard to the training acquired online. The customer can contact MASPIRINEO for any request related to the training at: escuela@maspirineo.com. 7.4. No prolonged use of the website MASPIRINEO reserves the right to delete the information related to the Client, in case of prolonged non-use of these services, corresponding to a period longer than 40 days. 8. Customer Obligations and Responsibilities 8.1 Introduction The Client/Student expressly agrees to have verified the compatibility between his/her request and the offer of services and fully acknowledges receiving all the necessary information and advice from MASPIRINEO, so that this agreement can enter into force with the knowledge and binding certainty. The Client undertakes to verify the identity of the student, prior to his or her appointment at MASPIRINEO. The Client guarantees to act within its sole responsibility if, as a result of access to the service, it is not carried out in accordance with what can be considered reasonable acts of use performed by the Pupil, who is in possession of its access and password and who does not respect the general guide and instructions for correct use, initially provided by MASPIRINEO. The Client, if the conditions are met, shall inform the Student about these terms and shall be responsible with respect to this matter. The relevant parties to the contract also acknowledge that MASPIRINEO, is able to modify with total transparency the provision of the service without the need for any prior communication, other than to inform the Customer / Student that the level of provision of services already provided, will be adjusted. The Client/Learner acknowledges that he/she is aware of the provisions of the regulations relating to safety (security or physical safety) and operational safety. The Customer/Learner shall be solely responsible for the consequences of non-compliance with these regulations and these Terms. 8.2. Training development The Client/Student undertakes to check in advance that he/she has the necessary conditions to attend the training. Access to the platform is done directly from a computer connected to the Internet. MASPIRINEO is not responsible in case of absence or deficiency of such connection. The Client/Student will receive his/her access data (username/password) from MASPIRINEO. Access to online training, granted by MASPIRINEO, is strictly private. The transmission of access data (username/password) to a third party is strictly forbidden. The Client/Student agrees not to give, under any circumstances, either for free or for a fee, access to third parties in any form whatsoever. If the client is a company and if the student leaves the company, the client agrees to deactivate your account, or contact MASPIRINEO to remove obsolete profiles. The Client/Learner agrees to follow the training diligently. As part of the evaluation, in order to complete the training, the Client/Student expressly agrees not to benefit from any help or assistance from any other person. In the same way, MASPIRINEO asks each Client/Pupil to commit to this fact before each task. 8.3. Client’s Responsibility to the Client/Pupil The Customer, by creating a Customer/Pupil profile on the Website, expressly agrees to pay for any registration initiated by the designated Customer/Pupil. 9. Training validation The training is validated when the student has passed all the evaluations presented during the course. In this case, a diploma validating the knowledge acquired will be sent to the Client/Student. 10. Financial arrangements 10.1 Pricing and Billing MASPIRINEO is committed to display its course prices in the most transparent manner. The applicable prices are those shown on the website at the time of the order. Prices are expressed in euros and do not include taxes. They can be modified at any time without prior notice. All orders are placed in Euros and are payable in Euros. The customer is solely responsible for the payment of invoices addressed to him. All training is payable in full at the start of the course purchased. 10.2. Payment method When paying for courses, the customer can only pay by credit card. All payments must be made at the same time and at the moment of the purchase of the course. The accepted bank cards are VISA, MASTERCARD and AMERICAN EXPRESS. The Customer guarantees MASPIRINEO that he/she has all the rights to use this payment method when validating the order. The Customer acknowledges that by filling in the appropriate fields he/she provides the payment information with his/her full acceptance to make this payment to MASPIRINEO for the full amount due. When purchasing the training on the website, the Customer/Pupil is redirected to the entity in charge of the payment gateway. At this stage, the Client/Student will be asked to fill in the corresponding fields with his/her bank card number, expiry date and control number. The various stages of the payment process are fully encrypted and protected. The information related to the order and the card number does not circulate unencrypted on the Internet. The card number is not printed on documents, invoices, credit card receipts or other receipts. In addition, MASPIRINEO never accesses the payment information of the Customer / Student. The payment gateway does not store card numbers once the payment transaction has been transmitted to MASPIRINEO. 10.3. Order processing and validation Registration can only be done online via the website. Registration for training by the customer constitutes an act of irrevocable acceptance of these conditions, and can only be challenged in limited cases provided for in this contract of conformity. Consequently, MASPIRINEO can in no case be held responsible for the non-execution or poor execution of the contracted services, due to the entry of the particular customer’s data. 10.4. Acknowledgement of receipt The receipt is sent to the customer as soon as the customer’s order is processed. It is legally binding proof of the order when combined with the original invoice. 10.5. Proof In case of disputes regarding the nature of MASPIRINEO’s services or the use of the website by the Client/Student, the information stored in the electronic payment device and in the framework of the automatic collection of information by MASPIRINEO, could be used as evidence between both parties. 11. Advertising MASPIRINEO may, under certain circumstances, use for advertising, printed commercial documentation resulting from specialized publications or trade fairs. MASPIRINEO may use the name of the Client/Pupil and/or his/her opinion, for advertising purposes, but this may only be validated with the express authorization of the client. 12. Intellectual Property The Client/Student is not allowed in any way to transfer, change or exchange the license rights and obligations under this contract, except that the form and content may be altered under the condition that the changes are pre-agreed and in writing from MASPIRINEO. However, it is expressly excluded in this contract – or terms and conditions of sale – any transfer of ownership from MASPIRINEO to the Client/Pupil. 13. Privacy policy (protection of personal data) JOSÉ MARÉA CARRERA PONS is the Data Controller of the personal data of the Client/Pupil and informs that these data will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and the Organic Law 3/2018, of 5 December (LOPDGDD), for which the following processing information is provided: End of treatment Provision of distance training through the MASPIRINEO platform. Data processing In addition to the data collected in the registration form, the system will be able to record other data that will provide the Client/Student with important tools to offer a quality service, such as login data, student connection time, etc. MASPIRINEO uses a secure payment system to protect Customer/Pupil payment information and ensures that it never collects or accesses payment information. Planned processing operations- Sending important notices, such as communications about purchases and changes in the terms, conditions and policies of MASPIRINEO. Because this information is essential for your interaction with MASPIRINEO, the Customer / Student may not opt out of receiving these communications.
- Sending commercial communications related to new courses and news by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enable commercial communications.
- To process orders, requests or any type of request made by the Client/Student through any of the forms of contact made available to them.
- Conduct statistical studies.
- Forward the newsletter of the website.
- The right to withdraw consent at any time without affecting the lawfulness of the processing carried out up to this point.
- Right of access, rectification and deletion of your data, and limitation or opposition to its processing.
- The right to lodge a complaint with the supervisory authority (www.aepd.es) if you consider that the processing does not comply with the regulations in force.
