Terms and conditions
PROVIDER IDENTIFIER
• Owner: Isaac Moreno Fernández
• Registered office: C/ Sevilla, 36. Cc Puerta de Sevilla – Fernando Moreno Guitar School. – 11402
– Jerez De La Frontera (Cádiz)
• CIF/NIF: 31699504F
• Public Registry: Registered in the Commercial Registry of Volume , Folio , Section ª, Page , Entry ª.
• Telephone: 956342243
• E-mail: info@escuelaguitarrajerez.es
PURPOSE
Through this text we make available to all users and clients the conditions of use and registration that apply to our online services platform https://escuelaguitarrajerez.es and to the services we provide, reflecting in it all the rights and obligations that assist the parties.
All users who visit or access our platform and/or use any of the services we make available accept the terms of use and the privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
In addition to these conditions, each of the services provided may be regulated by specific conditions of use and registration, and it is mandatory in all cases that the user expressly accepts them before using and/or contracting them.
USER REGISTRATION AND ACCESS
1. REGISTRATION PROCEDURE
Any user, provided that they are over 18 years of age and have sufficient power to act on behalf of and represent a third party, whether a natural person or legal entity, may register on our platform.
To do so, you only need to access the form provided for this purpose, enter the requested data and accept the conditions of use and registration, as well as the privacy policy that will govern the relationship between the user and the provider.
Using the username and password entered during the registration process, the user will be able to access the platform to contract and manage their services and information, as well as complete their user profile.
ELECTRONIC CONTRACTING OF SERVICES
1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically will produce all the effects provided for by law, provided that the consent of both parties is present and can be accredited.
For these purposes, it will be understood that the monitoring of all phases of the registration process and, where applicable, the payment of the corresponding financial amount, necessarily implies the provision of the express consent required for the contracting of the service.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all information relating to the contracting process is made available to users prior to the start of the contracting procedure.
The contracting conditions indicated below are directly applicable to the contracting of all services made available through the web portal https://escuelaguitarrajerez.es, unless expressly stated otherwise.
2. CONTRACTING PROCEDURE
The contracting procedure for services is carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.
Anyone with access to the Internet can carry out the contracting process, with the only prerequisite being to have registered as a user, which is essential to be able to start the contracting process.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. There are three phases:
• Identification of the user.
• Selection of the service and payment method.
• Confirmation of the service.
The user only has to select the service he/she wishes to purchase and press the purchase button provided for this purpose. This will start the contracting process, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price and payment method have been selected, the platform will show the user a summary of the contract made, together with the applicable contract conditions, which in any case must be expressly accepted by the user in order to continue the contracting process.
Once the box accepting the terms and conditions has been checked, if any of the electronic means have been selected as the payment method, the user will be directly redirected to the corresponding external payment platform to make the payment, without https://escuelaguitarrajerez.es having the possibility of accessing the user’s credit card data and/or payment systems at any time.
The security of the payment procedure is guaranteed by the financial institution.
Once the service has been contracted, a summary screen of the contract made will be displayed.
If payment by credit card has been selected, this will be carried out through the bank’s POS terminal, a platform that is completely separate and independent from the provider.
Within a maximum period of 24 hours, the service contract holder will receive an email containing all the information relating to the contracted service. This document is confirmation that the contract has been successfully completed, and is valid as a means of accreditation for any type of claim, provided that proof of payment is included.
The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, in which they will be reflected together with the information of the contracted services, additional information to guarantee security and evidence of the correct execution of the procedure.
3. RIGHT TO WITHDRAW FROM THE CONTRACT
Pursuant to the provisions of art. 103 of the General Law for the Defense of Consumers and Users, the right to withdraw is excluded for the following reason:
– Service already started and loss of the right of withdrawal once fully executed.
– Goods or products made to consumer specifications or customized.
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 the event that any of these services have been consumed, it will not be possible to exercise the right of withdrawal.
USER OBLIGATIONS
The user agrees during the term of this contract to:
• Not to use the platform or any of its components to develop time-sharing operations, or to become a provider of software application services to the extent that
they are aimed at enabling third party access to the platform or any of its components, through rental operations, administrative services or any other services of similar consideration, sharing them or making them available to third parties.
• Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at decompilation of its software, which imply its submission to operations of a reverse nature to those that determined its construction or which, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. None of the sections of this contract may be understood as an authorization of access to the source code of the platform.
• Do not publish the platform, nor use it as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not to subject the platform to workloads aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If such situations are detected, the agreed service level will not apply, and will be considered an emergency situation, and Isaac Moreno Fernández will not assume any responsibility for the lack of availability of the service.
• Not to carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to that made available by https://escuelaguitarrajerez.es, this activity may be considered an act of unfair competition and violation of the intellectual and industrial property rights that the provider holds over the platform.
• Not to translate, adapt, improve, transform, modify or correct the platform or any of its components, and not to incorporate it into other software or portals, whether owned or provided by third parties.
• Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc.) whether on the platform itself or in the associated material.
• Accept that https://escuelaguitarrajerez.es may introduce contextualized or non-contextualized advertising on the website.
• Pay the financial amounts expressly indicated in this contract in a timely manner.
• Inform the provider of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
• It is prohibited to force failures or search for security breaches in the platform.
WARRANTIES AND RESPONSIBILITIES
We are deeply committed to ensuring that our services operate correctly and in accordance with the conditions agreed with our users. However, sometimes situations may arise, especially due to the intervention of malicious third parties, which could give rise to liability.
In this regard, we indicate below those situations in which we are not responsible for the actions of users, who assume all responsibilities arising from them:
• In the event that information is published on the platform that was not hosted by us or that was 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 on the platform any type of defamatory, insulting, discriminatory material, which incites violence or goes against morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties.
• In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.
The services made available and marketed through https://escuelaguitarrajerez.es are provided by third-party companies that are completely independent of the provider. Therefore, https://escuelaguitarrajerez.es is not responsible in the event of occasional failures in the continuity of the service or, where appropriate, in the lack of occasional availability of the same.
In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and return the amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means as the initial payment was made or, where appropriate, by bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to proceed with its immediate removal as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://escuelaguitarrajerez.es we are deeply committed to the 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 it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all right, title and interest in the platform and the software developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality that may be developed on it, regardless of whether it has been requested by the user or not. For these purposes, the following is included, without limitation, the recognition of the provider’s ownership of all copyrights, intellectual and/or industrial property, and may exploit the platform without any restriction of a temporal, territorial, media-related or exploitation-modality nature and with no limitations other than those established by law.
The structure, characteristics, codes, working methods, information systems and their exchange, 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 intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.
Likewise, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive license of use, with a temporal scope limited to each connection period, with an unlimited spatial scope to the extent that it can be accessed from any computer with Internet, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, creation of derivative work and/or public communication is absolutely prohibited, regardless of the means used for this purpose, and the offending user will otherwise assume all direct or derivative responsibilities that may arise.
For any aspect that is not expressly recognized in this contract, all rights will be deemed reserved in favor of the provider, and written authorization from the latter will be necessary in order to carry it out.
2. RELATING TO USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform are the exclusive property of the latter, with https://escuelaguitarrajerez.es being a mere provider of information society services responsible for data storage.
The provider does not receive any type of intellectual property rights due to the fact that the user hosts or manages them on its platform, so in no case may it process them for purposes other than those directly related to the provision of the services actually contracted.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the platform and during the provision of services will be processed in accordance with the provisions of the Privacy Policy, which all users must expressly accept in advance to be able to register.
Any user who accepts these terms of use, expressly and unequivocally accepts our Privacy Policy, assisting them in this regard with the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported in the aforementioned Privacy Policy.
TEMPORARY CONDITIONS
These conditions will come into effect on the date of contracting the service and will last for one year, being tacitly renewed for annual periods.
Either party may terminate this contract by giving express written notice to the other party at least 30 days prior to the start of the following period.
However, those services that are for consumption and that are contracted in packages or promotions, may have a specific and determined duration that is less than that indicated, which in any case will be shown before proceeding to the contract.
ECONOMIC CONDITIONS
The rates applicable to each of the services offered through the platform will be solely and exclusively those published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.
In the event that the payment method is by direct debit, the user expressly accepts that the provider will periodically make the corresponding economic charges to the user’s bank account within the indicated periods.
The provider reserves the right to cancel contracts made within 7 days from the time of their execution if it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the rates of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise provided, the modification of rates will not be retroactive.
All contracted services will be duly invoiced and paid prior to the provision of services or at the end of the month, depending on the type of contract used.
The amounts may only be paid by direct debit or by credit card, and the provider will not have access to any bank or credit card details at any time.
All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, duly reflected in the summary of each purchase.
CUSTOMER SERVICE AND TECHNICAL SERVICE
The provider makes available to the user a customer service and technical assistance according to the following characteristics:
• Hours: Monday to Friday: 10 a.m. to 2 p.m. – 5 p.m. to 8 p.m.
• Telephone: 956342243
• Email: info@escuelaguitarrajerez.es
Unless otherwise provided, customer service will be provided exclusively in Spanish.
TERMINATION OF THE CONTRACT
This contract may be terminated whenever any of the following circumstances occur:
• Failure to comply with the obligations set forth in this contract.
• By the expiration of its term, provided that one of the parties has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
• The declaration of bankruptcy of the other party, or the initiation of any of said procedures or equivalent before the competent authorities, and the repeated failure to comply with its obligations by the latter, whether filed by one of the parties or by a third party.
• In the event that the corresponding amounts are not paid in accordance with the agreed terms and in the agreed manner, the service will be automatically blocked the day after the non-payment occurs. To reactivate the service, it will only be necessary to pay the corresponding amount.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any substantial change or variation of the essential conditions that were indicated in this contract to carry out the execution of this contract.
Likewise, in order for the contract to be fully terminated, the user must pay all outstanding amounts of money, with no possibility of full termination without compliance with this obligation considered essential.
In the event that the contract is terminated unilaterally by the user, without duly proven and justified cause, the user waives any type of claim for the amounts paid to date.
DISPUTE RESOLUTION
For any contentious issue or matter that concerns the platform or any of the services that depend on it, Spanish legislation will apply, and the Courts and Tribunals of Cádiz will be competent for the resolution of all conflicts arising from or related to its use, provided that the applicable legislation does not expressly provide that jurisdiction corresponds to the courts or tribunals of another jurisdiction.