Terms and Conditions of the service
- Headline: Steven Joseph Hunyi
- Registered office: Gran Via Carles III, 37-39. - 08028 - Barcelona (Barcelona)
- CIF / NIF: X4516878T
- E-mail: email@example.com
Through this text we make available to all users and customers the conditions of use and registration that are applicable to our online services platform www.englishdoctorbarcelona.com and the services we provide, all of which are reflected in it the rights and obligations of the parties.
Along with these conditions, each of the services provided may be regulated by conditions of use and registration of a particular nature, being mandatory in any case that the user expressly accept them before use and / or contracting.
ELECTRONIC CONTRACTING OF SERVICES
1. PREVIOUS INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 and following of Law 34/2002 on services of the information society and electronic commerce, contracts concluded electronically will produce all the effects provided by the legal system, provided that the consent of both parties and this can be accredited.
For these purposes, it will be understood that the monitoring of all phases of the registration process and its In this case, the payment of the corresponding economic amount necessarily implies the provision of the express consent required to contract the service.
Similarly, and in accordance with the provisions of article 27 of Law 34/2002 on services of the information society and electronic commerce, is made available to users, prior to the start of the contracting procedure, all the information related to it.
The contracting conditions indicated below are directly applicable to contracting of everybody the services posts to provision to through of the portal Web www.englishdoctorbarcelona.com, unless expressly provided otherwise.
2. PROCUREMENT PROCEDURE
The service contracting procedure is carried out completely electronically through our platform, without any physical presence of the parties and / or external physical transaction.
Anyone with Internet access can carry out the recruitment.
The phases of the contracting procedure are visible to users throughout the entire recruitment procedure. 3 phases can be differentiated:
- User identification.
- Service selection and payment method.
- Service confirmation.
The user must only select the service they wish to purchase and press the purchase button arranged for the purpose. In this way, the contracting procedure that will follow will begin always the steps indicated above for all available services.
Once the service, the quantity, the applicable taxes, the total price and the means of payment, the platform will show the user a summary of the contract made, along with the applicable contracting conditions, which in any case must be expressly accepted by the user to be able to follow the hiring process.
Once the acceptance box for the contracting conditions has been checked, if selected as a form of payment any of the electronic means, the user will be directly redirected to the corresponding external payment platform to make the payment, without www.englishdoctorbarcelona.com have the possibility of accessing at any time the data of credit cards and / or user payment systems.
The security of the payment procedure is guaranteed by the financial institution.
Once the service has been contracted, a summary screen of the contract will be displayed performed.
If payment by credit card has been selected, it will be carried out through of the bank's POS, a completely foreign platform independent from the provider.
Within the maximum period of 24 hours, the contracting party of the service will receive an email in which It will show all the information related to the contracted service. This document is confirmation of that the hiring has been carried out successfully, being valid as a means of accreditation for any type of claim, as long as the corresponding payment receipt is attached.
The provider informs the user that all the contracts made will be registered in a file for the control and management of contracts, in which they will be reflected together with the information on the contracted services, additional information to guarantee security and evidence of the correct performance of the procedure.
3. RIGHT OF WITHDRAWAL FROM THE CONTRACT AND CANCELLATIONS
In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, by the that the consolidated text of the General Law for the Defense of Consumers and Users is approved and other complementary laws, along with article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract during the period from the moment it has been hired the service.
To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating your request for exercise of the right of withdrawal:
- Postal Address: Gran Via Carles III, 37-39. - 08028 - Barcelona (Barcelona)
- Email: firstname.lastname@example.org
In any case, it is up to the consumer and user to prove that they have exercised their right to withdrawal pursuant to the provisions of this chapter.
Once the request to exercise the right of withdrawal is received, we will proceed to restore the economic amount paid (without shipping and handling costs being included in any case) that could have been paid initially) within a maximum period of 30 days from the moment of the receipt of the withdrawal and always through the means used to pay the service, or in its default by bank transfer.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. In case you had consumed any of these services, it will not be possible to exercise the right of withdrawal.
The cancellation of the service can be made 2 hours before the online consultation.
The user agrees during the term of this contract to:
- Do not use the platform or any of the elements that integrate it, to develop timeshare operations, become an application service provider software to the extent that they are aimed at making third-party access to the platform or any of its components, through rental operations, administrative services or any other of similar consideration, sharing or making them available to third parties.
- Do not subject the platform or any of its elements to targeted activities, directly or indirectly to the decompilation of your software, which implies your submission to operations of an inverse nature to those that determined its construction or that, ultimately term, constitute or may constitute reverse engineering, decompilation or disassembled. None of the sections of this contract may be understood as a authorization to access the source code of the platform.
- Do not publish the platform, nor use it as a management and information exchange system and / or illegal documentation, contrary to morality or public order, contrary to the rights of author and / or industrial property.
- Do not subject the platform to workloads aimed at destabilizing the same, being among these, denial of service attacks (DDoS) or situations alike. If this type of situation is detected, the agreed service level will not will be applicable, being considered an emergency situation, not assuming therefore Steven Joseph Hunyi is not responsible for the unavailability of the service.
- Do not carry out reverse engineering acts, take requirements and other activities aimed to develop an online platform identical or similar to that made available by from www.englishdoctorbarcelona.com, being able to consider this activity as an act of unfair competition and violation of intellectual and industrial property rights that the provider holds on the platform.
- Do not translate, adapt, improve, transform, modify or correct the platform or any of the elements that integrate it, not being able to incorporate it to other software or portals own or provided by third parties.
- Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into their intellectual or industrial property properties (such as copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
- Accept that www.englishdoctorbarcelona.com can introduce advertising on the website contextualized or not.
- Pay the economic amounts expressly indicated in this contract in time and form.
- Inform the provider of any event or situation that has occurred that could jeopardize the security of access by authorized users.
- It is prohibited to force failures or look for security breaches on the platform.
GUARANTEES AND RESPONSIBILITIES
We are deeply committed to ensuring that our services function properly and in accordance with the conditions agreed with our users. However, sometimes it is possible that occur, especially through the intervention of ill-intentioned third parties, situations that could provoke responsibilities.
In this sense, below we indicate those situations in which we do not responsible for the actions of users, assuming all responsibilities derivatives:
- In the event that information that has not been hosted appears on the platform by us or that in its case had been published by a third party outside the organization.
- In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and / or force majeure.
- In the event that the user stores or any third party, disseminates, publishes or distributes in the platform any type of defamatory, injurious, discriminatory material that incites the violence or that goes against morals, public order, fundamental rights, public liberties, honor, privacy or the image of third parties.
- In the event that the user or any third party uses the platform to enter data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and cause damage to other users' systems.
The services made available and marketed through www.englishdoctorbarcelona.com They are provided by third party companies that are completely independent of the lender. For this reason, www.englishdoctorbarcelona.com is not responsible in case of failures punctual in the continuity of the service or in its case in the lack of punctual availability of the same.
In the event that the services contracted by the user are not available during a period of more than 72 hours from the moment of notification of the incident, the user remains empowered to request the provider to terminate this contract and return the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means that the initial payment would have been made or if applicable by Bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we promise to proceed with its immediate withdrawal, as soon as we have knowledge and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
From www.englishdoctorbarcelona.com we are deeply committed to protection of intellectual property rights. That is why we have established the following conditions and policies:
1. RELATING TO THE ONLINE PLATFORM
The provider guarantees the user that he is the legitimate owner of the platform and that it does not is involved in any type of legal dispute prior to signing this contract.
The user expressly acknowledges that the provider holds all right, title and interest on the platform and the computer developments associated with the service, as well as on all its modules, modifications and updates and on any element and / or functionality that was developed on it, regardless of whether it has been requested by the user or not. To these effects, It includes without limitation, the recognition of the ownership of the provider of all copyright, intellectual property, and / or industrial, being able to exploit the platform, without any restriction of a temporary, territorial nature, relative to the means of dissemination or modalities exploitation and without more limitations than those established in the laws.
The structure, characteristics, codes, working methods, information systems and exchange of it, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and / or may constitute the platform, are the exclusive property of the provider, being duly protected by national and international property laws intellectual and / or industrial, not being subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior consent express by the provider.
Similarly, all user manuals, texts, graphic drawings, databases, which complement the platform and / or the materials associated with it, are the property of the provider, without that may be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision in service mode of the platform or the mere access by the user does not does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favor of the user other than the one expressed in these conditions.
In order for the user to be able to use the platform, the exclusive property of the provider, it transfers under this contract a non-exclusive use license in favor of the user, of temporal scope limited to each connection period, unlimited spatial scope insofar as which can be accessed from any computer with the Internet, non-transferable, revocable and not sublicensable.
In any case, any type of reproduction, imitation, is absolutely prohibited. transmission, translation, modification, elaboration of derivative work and / or public communication, with independence of the means used for it, assuming otherwise the offending user all the direct or derived responsibilities that may arise.
For any aspect that is not expressly recognized in this contract, will understand reserved all the rights in favor of the provider being necessary the authorization written by the latter in order to carry it out.
2. RELATING TO THE CONTENTS AND INFORMATION OF THE USERS
All content and information published or managed by users in the platform are the exclusive property of this, being www.englishdoctorbarcelona.com a mere information society service provider responsible for data storage.
The provider does not receive any type of intellectual property right due to the fact that the user host or manage them on your platform, so in no case may you treat them for different purposes those directly related to the provision of the services actually contracted.
CONFIDENTIALITY AND DATA PROTECTION
These conditions will come into effect on the date of contracting the service and will have a duration of one year, renewed tacitly for annual periods.
Either party may terminate this contract by communication express and written to the other party, at least 30 days before the beginning of the following period.
However, those services that are consumer and that are contracted in packages or promotions, may have a certain and specific duration less than that indicated, which in all case will be shown before hiring.
The rates applicable to each of the services offered through the platform will be unique and exclusively those that are published on the online platform, these being the only valid, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.
In case the payment method is by direct debit, the user accepts expressly that the provider periodically carry out the charges corresponding financial in the user's bank account.
The provider reserves the right to cancel the contracts made within 7 days from the moment of its realization in case it detects the existence of typographical errors or transcription in the price and / or taxes applied to the transaction.
The provider reserves the right to make any type of modification on the rates of each service, committing itself to publish them on the platform in a visible way for users. Unless otherwise provided, the rate modification will not be retroactive.
All contracted services will be duly invoiced and paid prior to the provision of services or month past due, depending on the type of contracting used.
The economic amounts can only be paid by direct debit or by credit card, the provider not having access to any data at any time bank or credit cards.
All rates will be increased with the amount corresponding to the taxes in force in the date of issuance of the invoice, being duly reflected in the summary of each purchase.
SERVICE OF ATTENTION TO THE USER AND TECHNICAL SERVICE
The provider offers the user a service of attention to the user and technical assistance according to the following characteristics:
Unless specifically provided otherwise, the customer service will be exclusively loaned in Spanish.
TERMINATION OF CONTRACT
This contract may be terminated whenever any of the following occurs circumstances:
- Breach of the obligations set forth in this contract.
- For the duration of its term, provided that one of the parties had expressly stated at least 30 days in advance your desire not to renew automatically contract.
- The declaration of bankruptcy of the other party, or the beginning of any of said procedures or equivalent before the competent authorities, and are not complied with repeatedly the obligations on the part of the latter, whether presented by any of the parts or by a third party.
- In the event that the amounts are not paid according to the agreed terms and form corresponding economic. The service will be automatically blocked the next day at the time of default. For its reactivation it will only be necessary make the payment of the corresponding economic amount.
- The dissolution, liquidation or loss of legal personality of any of the parties.
- Any change or substantial variation of the essential conditions that were indicated in this contract to carry out the conclusion of this contract.
Similarly, in order for the contract to be fully terminated, the user must pay all those economic amounts that were still pending, without the possibility of full termination without compliance with this obligation considered essential.
In the event that the contract is unilaterally terminated by the user, without cause duly proven and justified, this waives any type of claim for the amounts economic paid to date.
For any litigation or matter that concerns the platform or any of the services that it they depend, Spanish legislation will be applied, being competent for the resolution of all conflicts arising from or related to its use, the Courts and Tribunals of Barcelona, provided that the applicable legislation does not expressly provide that the competence corresponds to the courts or tribunals of another jurisdiction.