GENERAL TERMS AND CONDITIONS
1. Intro
This contractual document will govern the General Conditions of contracting courses or contents in “www.hurtyworld.com” (hereinafter, “Conditions”), property of Jorge Vidal Méndez under the commercial brand of Hurty, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Web.
These Conditions will remain published on the website at the USER’S disposal to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing the order will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
The USER declares to have read, understood and accepted in its entirety the terms and conditions set forth herein. Likewise, he/she declares that he/she has sufficient legal capacity to enter into this contract, and agrees to comply with all obligations and responsibilities arising from it.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
2. Identity of the contracting parties
On the one hand, the PROVIDER of the training courses contracted by the USER is Jorge Vidal Méndez, with registered office at Avenida Menéndez Pelayo 44 BC 28007 (Madrid), DNI 50207155H and with e-mail address for customer service USER: [email protected] and tfn +34 679665020.
On the other hand, the USER, registered on the website through a user name and password, which has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
3. Object of the contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific content.
4. Intellectual property rights
The USER is not permitted in any way to transfer, change and 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 in writing with the PROVIDER.
However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in the present contract -or general conditions of sale-.
Access to and use of the classes, material and other content is personal and non-transferable, and its partial or complete use or distribution is prohibited. The USER agrees to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party.
In the event of improper use, the PROVIDER will proceed to immediate blocking and possible legal action.
5. Contracting procedure
In order to access the services offered by the PROVIDER, the USER must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will 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 notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, in accordance with Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses
- Activation of services
- Right of withdrawal
- Claims and online dispute resolution
- Force majeure
- Jurisdiction
- Generalities of the offer
- Access to content
- After-sales services
- Obligations and responsibility of the client
- Price and period of validity of the offer.
- One payment
- Transportation costs.
- Payment methods, charges and discounts
- Security measures
- Purchasing process
- Orders
- Dissociation and suspension or termination of the contract.
- Applicable law and jurisdiction.
1. General contracting clauses
Unless otherwise stipulated in writing, the placement of an order with the PROVIDER implies the acceptance by the USER of these legal conditions.
2. Activation of services
The PROVIDER shall not assume any responsibility when the activation of the course does not take place, due to false, inaccurate or incomplete information provided by the USER.
The provision of the service shall be deemed to have been carried out at the moment the USER has accessed the content.
3. Right of withdrawal
The USER has a period of fifteen calendar days from the conclusion of the contract to exercise the right of withdrawal, provided that he/she has not accessed the training course.
If the PROVIDER has not complied with the duty to provide information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the date of expiration of the initial withdrawal period (Article 71 of Law 3/2014 of March 27).
The right of withdrawal may not be exercised in the following cases:
Once the content has been accessed.
Any return must be communicated to the PROVIDER, requesting a return number using the form enabled for this purpose, or by email to [email protected], indicating the corresponding order number.
4. Claims and online dispute resolution
Any claim that the USER considers appropriate will be dealt with as soon as possible, at the following contact addresses:
Address: Jorge Vidal Méndez, Avenida Menéndez Pelayo 44 BC Madrid (28007)
E-mail: [email protected]
Telephone: +34 679665020
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 USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called the 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
The parties shall not be liable for any default due to force majeure. The performance of the obligation shall be delayed until the force majeure case ceases.
6. Competence/Jurisdiction
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares that he/she has read, knows and accepts these conditions in their entirety.
7. Generalities of the offer
All sales made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Jorge Vidal Méndez or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered, which shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. Access to content
The PROVIDER reserves the right to interrupt the content through its server, in order to carry out essential maintenance, to improve the performance of the network, or for any other operational reason in connection with maintenance. It will also inform the USER of the date on which it intends to carry out the maintenance.
The PROVIDER shall not be liable for the inability of the USER to access the training in the event of network service interruption, viruses or the like.
The PROVIDER disclaims any liability for unauthorized access to computer systems, or for the theft of any data as a result thereof. The PROVIDER applies appropriate means to prevent illegal intrusions. The PROVIDER shall in no case be liable for any damages related thereto, such as loss of exploitation, loss of profit, loss of value, damages or expenses.
The PROVIDER 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.
The Parties agree that the PROVIDER has the right to modify the services without prior notice.
9. After-sales services
The customer can contact the PROVIDER for any request related to the content of Hurtyworld.com at: [email protected].
Prolonged non-use of the website
The PROVIDER reserves the right to delete the information concerning the USER in case of prolonged non-use of these services, corresponding to a period exceeding 365 days.
10. Obligations and responsibility of the client
The USER expressly agrees to have verified the compatibility between his/her request and the offer of services and fully acknowledges having received all the necessary information and advice from the PROVIDER, so that the present agreement can enter into force with the knowledge and binding certainty.
The USER undertakes to verify the identity of the PUPIL, if applicable, prior to his/her appointment to the PROVIDER’s content.
The USER guarantees to act within his/her sole responsibility if, as a result of accessing the content, it is not carried out in accordance with what can be considered reasonable acts of use performed by the USER, who is in possession of his/her access and password and who does not respect the general guide and instructions for correct use, initially provided by the PROVIDER.
The USER, if applicable, shall inform the PUPIL about these terms and shall be liable in this regard.
The relevant parties to the contract also acknowledge that the PROVIDER has the ability to modify with full transparency the provision of the service without any prior notice, other than to inform the USER that the level of provision of services already provided will be adjusted.
The USER acknowledges that he/she is aware of the provisions of the regulations relating to security (safety or security) and operational safety. The USER shall be solely responsible for the consequences of non-compliance with these regulations and these Terms.
11. Price and period of validity of the offer
The prices indicated for each service can include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: training courses, quantities, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Particular conditions of the services according to the different payment methods:
12. One payment
The USER pays by subscription or content at once and thus will have immediate access to the content indicated according to subject.
For any information about the order, inconvenience or unforeseen event, the USER can contact via e-mail to the address [email protected].
13. Transport Costs
Since the order does not involve the physical delivery of any product, there are no shipping and transport costs.
14. Payment methods, charges and discounts
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
Paypal
15. Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
16. Purchasing process
Shopping cart (quotation simulation)
Any content from the catalog can be added to the shopping cart. In the cart, only the selected services, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative linkage, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order following the next steps for its correct formalization:
– Verification of the invoicing data.
– Verification of the method of delivery of the training course (download, activation…).
– Selecting the payment method.
– Place the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.
In case of disputes concerning the nature of the PROVIDER’s services or the USER’s use of the website, the information stored in the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between the two parties.
17. Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER/USER confirming the status of the order and the approximate download and/or activation date.
Service activation procedure (access to training)
The USER will receive his/her access data (username/password). Access to online training, granted by the PROVIDER, is strictly private. The transmission of the access data (username/password) to a third party is strictly forbidden.
The USER accepts not to give, under any circumstances, either free of charge or for a fee, access to third parties in any form whatsoever. If the USER is a company and if the Student leaves the company, the USER agrees to deactivate his/her account or contact the PROVIDER to delete obsolete profiles, just as the USER expressly agrees to pay for any registration initiated by the designated Student.
The USER agrees to diligently follow the training. As part of the evaluation, in order to complete the training, the USER expressly agrees not to benefit from any help or assistance from any other person. Likewise, the PROVIDER asks each USER to commit to this fact prior to each assignment.
18. Dissociation and suspension or termination of the contract
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’S access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
Misuse by the USER will lead to immediate blocking of access to the PROVIDER’s platform and appropriate legal action.
When the PROVIDER 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 remedy that may be available to the PROVIDER.
19. Applicable law and jurisdiction
These Terms and Conditions shall be governed by or construed in accordance with Spanish law to the extent not expressly provided for. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’S domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER / O expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.
Date of publication: 31/12/2024