GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of services through the website discenslearning.com, owned by ALICIA MONTERO SCHIEMANN under the trademark of ALICIA MONTERO SCHIEMANN.
The acceptance of this document implies that the Client:
• Has read, has understood, and agrees with this text.
• Is a person with sufficient capacity to contract.
• Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the ALICIA MONTERO SCHIEMANN website.
The content of these terms and conditions of contract, as well as any information contained in this website, is subject to changes and updates without prior notice. These modifications take effect as soon as the update of the terms and conditions is published on the website. The Client / Student will be subject to the current terms and conditions, at the time they register / make purchases from the website.
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the Client is ALICIA MONTERO SCHIEMANN, hereinafter ALICIA MONTERO SCHIEMANN, with registered office C /. Tord 15, house 6, 2º, A, – 07609 Llucmajor (Balearic Islands, Spain), NIF 05435667P, telephone 644917505 and email firstname.lastname@example.org.
And on the other hand, the Client, registered on the website through a username and password, over which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to ALICIA MONTERO SCHIEMANN.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale between ALICIA MONTERO SCHIEMANN and the Client at the moment in which the latter accepts the corresponding check box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery of a specific service in exchange for a certain price, publicly displayed on the website.
In the framework of these terms and conditions, as well as on the ALICIA MONTERO SCHIEMANN website, the following words are defined as follows:
• Client: The contracting party with ALICIA MONTERO SCHIEMANN. The Client can be both a natural person, an adult and over 18 years of age, and a legal entity.
• Student: Natural person designated by the Client in ALICIA MONTERO SCHIEMANN, as the beneficiary of the online courses of ALICIA MONTERO SCHIEMANN. The Student could be the Client him/herself if he/she reaches the legal age.
• Website: virtual learning platform available to the Client / Student by ALICIA MONTERO SCHIEMANN, within the framework of these terms and conditions. The URL dedicated to this website is as follows: www.discenslearning.com. This website is the property of ALICIA MONTERO SCHIEMANN, located at C /. Tord 15, house 6, 2º, A, – 07609 Llucmajor (Balearic Islands, Spain).
• Training: distance learning tool provided to the Student by ALICIA MONTERO SCHIEMANN.
The Client / Student will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to inform ALICIA MONTERO SCHIEMANN of the loss or theft of them or of possible access by an unauthorized third party, so that they can be immediately blocked.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Dispatching orders.
3. Right of withdrawal.
5. Force majeure.
7. Obligations and responsibility of ALICIA MONTERO SCHIEMANN.
8. Obligations and responsibility of the Client.
9. Validation of the training.
10. Financial arrangements.
12. Intellectual property
13. Protection of personal data
15. Suspension or termination of the contract
16. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically provided in writing, access to the service will mean acceptance by the Client / Student of all these legal conditions. Any condition that is not expressly accepted in advance and in writing by ALICIA MONTERO SCHIEMANN, remains unappealable with respect to ALICIA MONTERO SCHIEMANN, regardless of when or at what particular moment any commercial significance for the party could have been made known or realized.
All the 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 causing a resignation by ALICIA MONTERO SCHIEMANN taking into account the conditional clauses that constitute the agreement mentioned below (null and void conditions).
2. DISPATCHING ORDERS
ALICIA MONTERO SCHIEMANN will not send any proof of order until it is verified that payment has been made.
As the order does not entail the physical delivery of any product, the contracted services being used or downloaded directly from the website, ALICIA MONTERO SCHIEMANN will previously inform the Client / Student regarding the procedure to be followed for its use or download.
3. RIGHT OF WITHDRAWAL
In accordance with the provisions of article 103 letter m) of the General Law for the Defense of Consumers and Users (RDL 1/2007 of November 16, modified by Law 3/2014 of March 27), when delivering digital content that is not provided on a physical medium, the exception stated in said article applies, regarding the right of withdrawal on the side of the Client.
Unless there is an agreement between ALICIA MONTERO SCHIEMANN and the Client, the Client will not be able to exercise the right of revocation referred to in this paragraph once the acquired training has begun.
ALICIA MONTERO SCHIEMANN reminds that this right does not apply to the legal person.
Any claim that the Client / Student considers appropriate will be addressed as soon as possible, and can be made at the following means of contact:
Address: ALICIA MONTERO SCHIEMANN, C /. Tord 15, house 6, 2º, A, – 07609 Llucmajor (Balearic Islands, Spain)
In the event of a claim or dispute of any nature, ALICIA MONTERO SCHIEMANN and the Client / Student will try to resolve the complaint or conflict amicably.
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the Client / Student and ALICIA MONTERO SCHIEMANN, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Agency, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
5. FORCE MAJEURE
ALICIA MONTERO SCHIEMANN will not be responsible for any breach due to unforeseen circumstances or causes beyond the control of ALICIA MONTERO SCHIEMANN, including but not limited to cases of force majeure, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortage of transportation, facilities, fuel, energy, labor or materials.
In the event of delay, ALICIA MONTERO SCHIEMANN may be excused from the benefits, to the extent that it is delayed or prevented by said causes, and throughout the period of time in question.
The Client / Student may not assign, transfer, or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The Client / Student declares that they have read, that they know and accept these General Conditions in their entirety.
7. OBLIGATIONS AND RESPONSIBILITY OF ALICIA MONTERO SCHIEMANN
7.1 Continuity and consistency of the service
ALICIA MONTERO SCHIEMANN expressly agrees to provide all its resources in the delivery, availability and in the provision of services in general and in this document, is committed to fulfilling the obligation as a service provider to the best of her ability.
ALICIA MONTERO SCHIEMANN is compromised to act with the greatest diligence and care as possible and proceeds to provide a quality service in accordance with generally recognized practices, except in the hypothetical case that the service is suspended by virtue of required special circumstances.
Consequently, ALICIA MONTERO SCHIEMANN will be contractually obliged to offer access daily (24/24) and weekly (7/7), and conditioned to be able to guarantee its services given the supply conditions (subsequent performance of the network).
ALICIA MONTERO SCHIEMANN 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 related to maintenance.
ALICIA MONTERO SCHIEMANN, without affecting any of its rights and responsibilities, promises to inform the Client / Student, within a reasonable period of time, of the date on which it intends to carry out the maintenance, so that the Client / Student can make other arrangements.
The Client / Student acknowledges that the training may not be available in the event that he/she is unable or unable to access the Internet or this website. ALICIA MONTERO SCHIEMANN will not be responsible for the Client’s inability to access the training, under these circumstances.
In particular, it is the Client / Student who must maintain his/her own protection against viruses, as well as the version of their browser. ALICIA MONTERO SCHIEMANN will not be responsible for any virus transmitted through her website.
Similarly, ALICIA MONTERO SCHIEMANN disclaims any responsibility for unauthorized access to computer systems, or for the looting of any data as a result of it. However, ALICIA MONTERO SCHIEMANN uses the appropriate means to prevent illegal intrusions. ALICIA MONTERO SCHIEMANN will not be in any way responsible for the damages and losses related to it, such as loss of exploitation, loss of profit, loss of value, damages, or expenses.
7.2. Quality of service
ALICIA MONTERO SCHIEMANN undertakes to exercise its offer with due diligence and care, providing a quality service, in accordance with normal practices in the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.
If the training established by the Client / Student is suspended following a decision of a competent authority, ALICIA MONTERO SCHIEMANN will refund the Client or offer him/her a credit valid for one year, equal to the amount of said training offer.
The Parties agree that ALICIA MONTERO SCHIEMANN has the right to modify the services without prior notice.
7.3. After-sales services
ALICIA MONTERO SCHIEMANN undertakes to provide the Client with the necessary technical assistance (problems to access the course, navigation through the platform, etc.), regarding the training acquired online. The Client can
contact ALICIA MONTERO SCHIEMANN for any related request with the training (except for those requests that by their nature require tutoring) at: email@example.com.
8. OBLIGATIONS AND LIABILITY OF THE CLIENT
The Client / Student expressly accepts having verified the compatibility between his/her demand and the offer of services and fully acknowledges all the information and advice necessary provided by ALICIA MONTERO SCHIEMANN, so that this agreement can enter into force with the knowledge and certainty binding.
The Client agrees to verify the identity of the Student before the registration at ALICIA MONTERO SCHIEMANN.
The Client guarantees to act within his exclusive responsibility if, as a result of accessing the service, this is not carried out in accordance with what can be considered reasonable acts of use made by the Student, who is at the disposal of his/her access and password and that does not respect the general guide and instructions for correct use, initially provided by ALICIA MONTERO SCHIEMANN.
The Client, if the conditions are fulfilled, must inform the Student about these terms and will be responsible regarding this matter.
The parties to the contract also acknowledge that ALICIA MONTERO SCHIEMANN is capable of modifying the provision of the service with total transparency without the need to carry out any prior communication process, other than to inform the Client / Student that the level of service provision is already supplied will be adjusted.
The Client / Student acknowledges being informed of the provisions of the regulations related to security (protection or physical security) and operational security. The Client / Student will be solely responsible for the consequences of non-compliance with these rules and these Terms.
8.2. Training development
The Client / Student agrees to check beforehand that they have the necessary conditions to attend the training. The access to the platform is done directly from a computer connected to the Internet. ALICIA MONTERO SCHIEMANN is not responsible in the absence or deficiency of such connection.
The Client / Student will access the services offered from ALICIA MONTERO SCHIEMANN, by creating a user account that includes username and password designated and created by the same client. The access to online training, granted by ALICIA MONTERO SCHIEMANN, is strictly private. The transmission of access data (username / password) to a third party is strictly prohibited. The Client / Student agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties in whatever form. If the Client is a company and if the Student leaves the company, the Client agrees to deactivate his/her account, or to contact ALICIA MONTERO SCHIEMANN to remove obsolete profiles.
8.3. Responsibility of the Client towards the Client / Student
The Client, by creating a Client / Student profile on the website, expressly agrees to pay for any registration initiated by the designated Client / Student.
9. VALIDATION OF THE TRAINING
The training is validated when the student has passed all the evaluations that are presented in the development of the course. In this case, the Client / Student will be able to download from the platform itself a diploma of validation of the acquired knowledge.
10. FINANCIAL ARRANGEMENTS
10.1. Prices and billing
ALICIA MONTERO SCHIEMANN is committed to displaying its course prices in the most transparent manner. The applicable prices are those shown on the website at the time of the placement of the order. Prices are expressed in Euros. Prices can be modified at any time without prior notice.
All orders are made in Euros and are paid in Euros. The Client is solely responsible for the payment of invoices addressed to him/her.
Due to the educational nature of the courses, they are exempt from VAT [artículo 132.1.i de la Directiva 2006/112/CE, recogido en el artículo 20.Uno.9º de la Ley 37/1992 de 28 de diciembre del Impuesto sobre el Valor Añadido].
The student can benefit from discounts for the purchase of the course. If you have a discount coupon, simply enter the coupon code when prompted for that information during the course purchase process.
To find out how to obtain a discount for the purchase of the course, get in touch.
10.2. Payment method
The payment can be made by credit or debit card, or PayPal.
The students have two payment methods. They can make a single payment, or they can pay in three installments, without interest. Payment in three installments can only be made by card, not PayPal.
In paying for courses, the Client can pay with his/her bank card or PayPal account. The Client guarantees ALICIA MONTERO SCHIEMANN that he/she has all the rights to use this form of payment when validating the order. The Client acknowledges that by filling in the appropriate fields, he/she provides the payment information with his/her full acceptance to make this payment to ALICIA MONTERO SCHIEMANN for the entire amount owed.
By acquiring the training on the website, the Client / Student is redirected to the entity in charge of the payment, the gateway Stripe. At this stage, the Client / Student will be asked to fill in the corresponding fields with their bank card number, expiration 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 without encryption on the Internet. The card number is not printed on documents, invoices, credit card receipts, or other proof. In addition, ALICIA MONTERO SCHIEMANN never accesses the payment information of the Client / Student. The payment gateway does not save the card numbers once the payment operation has been transmitted to ALICIA MONTERO SCHIEMANN.
If the student chooses to pay in three installments, they must be up to date with their payment. That is, the student has lifetime access to the course as long as they have made the corresponding payments. In case there are pending payments, the student will be notified by email with two additional reminder emails if necessary. The student has a period of seven calendar days to pay the amount due and, if they do not do so, their account will be deleted from the teaching platform for non-payment. The student will not be able to continue the course. The can re-enroll if they want, but they will have to pay full price and start from scratch.
10.3. Ordering process and validation
The registration can only be done online through the website. The registration in the training by the Client constitutes an irrevocable act of acceptance of these conditions and can only be contested in limited cases provided for in this agreement of conformity. Consequently, ALICIA MONTERO SCHIEMANN can in no case be held responsible for the non-execution or bad execution of the contracted services, due to the entry of the data of the individual Client.
10.4. Acknowledgment of receipt
The receipt is sent to the Client as soon as the Client’s order is processed. In combination with the original invoice, it is a legally binding proof of the order.
In the event of disputes regarding the nature of ALICIA MONTERO SCHIEMANN’s services or the Client / Student use of the website, the information stored in the electronic payment device and in the framework of the automatic collection of information by ALICIA MONTERO SCHIEMANN could be used as evidence between both parties.
ALICIA MONTERO SCHIEMANN may, under certain circumstances, use printed commercial documentation resulting from specialized publications or trade fairs for advertising. ALICIA MONTERO SCHIEMANN may use the name of the Client / Student and / or their opinion for advertising purposes, but this could 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 and exchange the license rights and obligations that affect this contract, unless the form and content can be altered under the condition that the changes are pre-agreed and are presented in written form from ALICIA MONTERO SCHIEMANN. However, this transfer of property from ALICIA MONTERO SCHIEMANN to the Client / Student is expressly excluded in this contract or terms and conditions of business.
ALICIA MONTERO SCHIEMANN is the person in charge of the treatment of the personal data of the Client / Student and informs that these data will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Organic Law 3/2018, of December 5 (LOPDGDD), so the following treatment information is provided:
Purpose of treatment
Provision of distance training through the ALICIA MONTERO SCHIEMANN platform.
In addition to the data collected in the registration form, the system may record other data that will offer important tools to offer a quality service to the Client / Student, such as the login data, Student connection time, etc.
ALICIA MONTERO SCHIEMANN uses a secure payment system to protect Client / Student payment information and guarantees that she never collects or accesses payment information.
Possible processing operations
- Sending important notices, such as communications about purchases and changes in the terms, conditions and policies of ALICIA MONTERO SCHIEMANN. Because this information is essential for the interaction with ALICIA MONTERO SCHIEMANN, the Client / Student cannot choose not to receive these communications.
- Sending of commercial advertising communications by email, fax, SMS, MMS, social networks or any other electronic or physical means, present or future, that make commercial communications possible.
- Processing of orders, requests or any type of query that are made by users through any available channels.
- Conducting statistical studies.
- Forwarding the newsletter of the website.
Data retention criteria
They will be kept as long as there is a mutual interest to maintain the purpose of the treatment and, when it is no longer necessary for that purpose, they will be suppressed with adequate security measures to guarantee the pseudonymisation of the data or the total destruction of the same.
Communication of data
Personal data will not be disclosed to third parties as recipients, except if it is essential by law, legal processes, litigation and / or requests from public and governmental authorities inside or outside your country of residence, national security or other issues of public importance.
Rights that assist the Client / Student
- Right to withdraw consent at any time without affecting the legality of the treatment carried out until now.
- Right of access, rectification, and deletion of his/her data, and of limitation or opposition to its treatment.
- Right to file a claim with the Control Authority (www.aepd.es) if he/she considers that the treatment does not comply with current regulations.
Contact information to exercise your rights
Postal address: ALICIA MONTERO SCHIEMANN. C /. Tord 15, house 6, 2º, A, – 07609 Llucmajor (Balearic Islands, Spain). Email: firstname.lastname@example.org
Mandatory or optional nature of the information provided by the Client / Student
The Client / Student guarantees that the personal data provided to ALICIA MONTERO SCHIEMANN is truthful and is responsible for communicating any changes in them. If all the data is not provided, there is no guarantee that the information and services provided are completely adjusted to his/her needs.
That in accordance with the provisions of the current regulations on personal data protection, ALICIA MONTERO SCHIEMANN is complying with all the provisions of the RGPD regulations for the treatment of personal data of her responsibility, and manifestly with the principles described in article 5 of the RGPD, by which they are treated in a lawful, loyal and transparent manner in relation to the interested party and adequate, pertinent and limited to what is necessary in relation to the purposes for which they are treated.
ALICIA MONTERO SCHIEMANN guarantees that she has implemented appropriate technical and organizational policies to apply the security measures established by the RGPD in order to protect the rights and freedoms of Clients/Students and has communicated the appropriate information so that they can exercise them.
ALICIA MONTERO SCHIEMANN uses current standard technology to maintain confidentiality and to protect Client / Student personal information and has taken due precautions to safeguard information against loss, theft, and misuse, as well as against unauthorized access and disclosure.
ALICIA MONTERO SCHIEMANN is subject to periodic security evaluations in order to improve security. However, she cannot guarantee that the Client / Student information will be kept safe from unauthorized access. As a result, ALICIA MONTERO SCHIEMANN will not be accountable or legally responsible for any loss of privacy, disclosure of information, damage or harm that may result from such intrusion.
If any of these terms and conditions is considered illegal, void or for any unenforceable reason, this condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.
15. SUSPENSION OR TERMINATION OF THE CONTRACT
ALICIA MONTERO SCHIEMANN may without prior notice suspend or terminate Client / Student access to its services and training, in whole or in part, for any valid reason, including, without limitation, if:
- The Client / Student does not fulfill or follow any of the obligations established in this document or any legal provision, license, regulation, directive, code of practice or applicable use policies.
- If, for any reason, ALICIA MONTERO SCHIEMANN suspends or discontinues the service or is unable to provide a Service (or any part thereof) to the Client / Student.
If ALICIA MONTERO SCHIEMANN exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or resource that may be available to ALICIA MONTERO SCHIEMANN.
16. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. ALICIA MONTERO SCHIEMANN and the Client / Student agree to submit any controversy that may arise from the provision of the services considered in these Conditions to the courts and tribunals of the Client / Student domicile.
If the Client / Student is domiciled outside of Spain, ALICIA MONTERO SCHIEMANN and the Client / Student expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of Llucmajor (Spain).