GENERAL TERMS AND CONDITIONS – MOA TRAINING SERVICES
The purpose of these General Conditions of Contract (hereinafter, “General Conditions”) is to regulate the terms and conditions applicable to the provision of training services (hereinafter, the “Services”), in accordance with the training offered by LEARNING BY DOING ACADEMY, S.L., with registered office at Avda. de Europa n.º 1, Edificio B, 28108 Alcobendas, Madrid, provided with Tax ID No. B05333869 (hereinafter, “MOA”).
In particular, these General Conditions regulate (i) the procedure to formalize the reservation of a place and/or the payment of the corresponding price, and (ii) the provision of the Services in accordance with the contracted training program.
For the purposes of these General Conditions, the following terms are established as defined concepts:
– Training Program(s), (“Program(s)”): Refers to the training courses or programs available from time to time on MOA’s website: www.marketingonline.academy
– User/s: Any individual or legal entity requesting information and/or interested in contracting the Programs and/or Services offered by MOA.
– Website: Shall mean, both MOA’s home page www.marketingonline.academy, as well as any other address -URL- provided to the user to access MOA’s Services and/or, if applicable, the functionalities specified in the corresponding Program.
– Reservation of place (“Reservation”): Refers to both the form that MOA provides to the User to manage the reservation of a place in the requested Program, as well as the amount paid by the User for the same concept. MOA will inform in the information corresponding to each Program whether or not it requires the payment of the Reservation and its amount.
– Program Price (“Price”): amount to be paid by the User to MOA for the Services corresponding to the delivery of the contracted Program. The Price shall include all the services provided by MOA.
– Start Date: refers to the start date of classes indicated in the information dossier of each Program.
– Virtual Classroom: Refers to the virtual space provided by MOA or by a third party used to facilitate the User’s access to MOA’s Services. In particular, in order for the User to have access to the Program and/or the functionalities that are available at any given time; among others, access to the recording of classes (sessions), programs, calendars, didactic material and/or any other content related to the edition of the Program contracted by the User.
– Contract: These General Conditions together with the [Reservation] form duly completed by the User and confirmed by MOA.
The Services may be contracted by any natural person (of legal age) and/or legal entity interested in the Programs offered by MOA. MOA reserves the right to cancel the requests or Reservations of Users who do not comply with the age/capacity requirements established in this clause and/or these General Conditions.
4. CONTRACTING PROCEDURE
MOA will establish contact with the Users who request additional information about its training offer through the forms provided on the Website, by sending an email, telephone conversation and/or through any other channel provided by MOA for such purposes. Once contact is established, MOA will provide the User by email (to the email address provided by the User) a summary of the information related to the requested Program and an application form that the User must return to MOA by email, duly completed, and expressly indicating the acceptance of these General Conditions (by checking the corresponding box provided for this purpose on the form), and attaching, if applicable, a document proving payment of the Reservation.
Once this process is completed, MOA will send the User a confirmation of the contracted Services to the email address previously provided. Such confirmation will include the details of the corresponding Program (including the corresponding dossier and the duration of the Program), Reservation, Price and payment method, as well as a copy of these General Conditions.
Once the contracting of Services has been confirmed, the User’s access to the Virtual Classroom will be enabled and/or the necessary data for the User’s authentication on the Website will be provided.
The Services that are the object of the Contract shall come into force at the moment in which the contracting thereof is confirmed in accordance with the provisions of the preceding clause and shall terminate when the corresponding Program ends.
Notwithstanding the foregoing, the provision of the Services may be terminated early in the cases and under the conditions set forth in Clause 14 below.
6. PRICE, METHOD OF PAYMENT, AND INVOICING
The User shall pay MOA, both for Reservation and Services, the corresponding amounts for the Program requested by the User in the contracting procedure.
6.2 Form of Payment
All payments will be made by credit or debit card, bizum or bank transfer to the following account owned by MOA: BBVA Bank – IBAN ES4901827594300201775249
6.3 Payment in instalments
MOA, depending on the characteristics of the Program offered, may offer Users the possibility of splitting the corresponding price into several payments. In such case, MOA shall establish both the number of partial payments and the dates on which each payment shall be made.
MOA will issue the corresponding invoice to the User upon payment of the Price corresponding to the contracted Program. The User hereby accepts that MOA may send the invoice by e-mail to the address indicated by the User in the application form.
7. MOA’S OBLIGATIONS
MOA’s obligations are as follows:
– Provide training on the specific subject matter in accordance with the Program contracted by the User.
– To make available to the Client the necessary didactic or training material that is essential, in MOA’s opinion, to be able to adequately follow the contracted training.
– In accordance with the training modality offered and contracted by the User, to allow the appropriate technological connection to the terms and characteristics of the training object of the Services, so that the User may have access to the Services during the training period foreseen for each Program.
– Inform the User of any modification or cancellation that the contracted Services may undergo.
8. OBLIGATIONS OF USERS
The User agrees to comply with the following obligations:
– To pay the agreed Price in the terms indicated in Clause 6.
– The use of the teaching materials or any other content included in the Services and/or made available to the User in a fraudulent manner, or for illicit purposes or that involve a violation of intellectual or industrial property rights, of the protection of personal data or any other third party rights, or is used in any other unfair and/or inappropriate manner.
– To safeguard and keep secret any identifier and/or password to access the Services provided and/or authenticated by MOA, to use them diligently, and not to transfer in any case its use to third parties. By virtue of the foregoing, the User shall be responsible for unauthorized access to the Services and/or use of the Website or the Virtual Classroom by third parties and whose illegitimate action is due to the loss or non-diligent use of credentials or passwords by the User.
9. WARRANTY AND DISCLAIMER OF LIABILITY
MOA will make every effort to ensure that the User has access to and can enjoy the Services. However, except as expressly set forth in these General Terms and Conditions or as required by applicable law, MOA makes no specific warranties about the information, content and/or functionality made available to the User. Any commercial warranty is expressly excluded. Additionally, any warranty regarding the operation of the Website or the Virtual Classroom on any device and/or browser (except in cases where otherwise expressly indicated), its reliability, permanent availability, or the absence of errors or failures is excluded.
In no event shall MOA be liable to Users for any damages, directly or indirectly arising from the use of the Virtual Classroom and its functionalities (including loss of data, or misuse by any person).
MOA shall not be held liable for the interruption of access to the Website and/or its functionalities or to the Virtual Classroom, due to force majeure. The exemption from liability will be extended as long as the event that gave rise to it persists in time, without prejudice to make reasonable efforts to minimize as far as possible the effects of the interruption or failure caused by such event.
Finally, MOA shall not be liable for the User not having the necessary technical means to access the Services, or for the provision of the supply service or connection to the Internet or fixed or mobile telephony that allows the User to access the Services.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
MOA reserves all intellectual property rights over the content and any element that is an integral part of the Website and/or the Services accessible through the Virtual Classroom (hereinafter “Content Services”) which includes, but is not limited to: texts, images, photographs, headers, customized graphics, color schemes, or structure, selection, arrangement, and presentation of content, teaching materials, audio and/or video recordings, and any other digital content related to the training provided). The right of use of the Website and/or the Content Services accessible through the Virtual Classroom by the Users is limited to the access to the same through the Internet under the terms provided for in these General Conditions. Consequently, beyond the aforementioned right of use, Users are expressly prohibited from reproducing, distributing, publicly communicating, making available and transforming the Services Content.
All trademarks, names, domain names, anagrams or graphics identifying the Website and its functionalities are the exclusive property of MOA, without these General Conditions conferring any right to Users over them.
Likewise, with respect to the content published, shared, or uploaded by Users as a result of access to the Services (hereinafter “User Content” which includes, but is not limited to, texts, photographs, graphics, projects or presentations related to the training provided and/or the objectives of the Program), they grant MOA a non-exclusive, non-transferable, non-territorial and temporary right of use for internal use (of the organization itself) for the reproduction, availability, public communication, transformation, modification or translation of the “User Content”, unless such use is not permitted by law.
By virtue of the foregoing, Users agree to hold MOA harmless from any civil, criminal or any other liability that may arise from claims based on the infringement of rights to the protection of personal data or image, industrial or intellectual property rights of third parties (e.g. in case of publishing, sharing, or uploading protected content without prior authorization from their legitimate owners).
11. PROTECTION OF PERSONAL DATA
In accordance with the provisions of the applicable regulations, we hereby inform you of the processing by MOA of the User’s personal data collected by virtue of the Services that are the object of the Contract.
BASIC INFORMATION ON DATA PROTECTION
Responsible: LEARNING BY DOING ACADEMY, S.L. (hereinafter “MOA”) NIF B05333869
Purpose and Legitimation: The implementation of pre-contractual measures or the execution of the legal relationship established between MOA and the User (Art. 6.1, letter “b” of the GDPR).
– To manage the User’s Reservation in the requested Program.
– For the provision of the contracted Services/Program, including billing, payment management, and any other service derived from such relationship (access to classes, sessions, tools, documentation and/or any other content included in the requested Program).
Rights: Access, rectify or delete data, as well as other rights, as explained in the additional information (+ info).
If, after contracting the Services, the User is unable to participate in the edition of the Program (from beginning to end, according to the scheduled dates), he/she may postpone his/her attendance to the next edition of the Program, maintaining in such case the Reservation and the Price already paid, provided that the User requests MOA in writing such postponement at least 21 calendar days prior to the Start Date of the contracted Program.
13. SUSPENSION OF THE PROGRAM DUE TO LACK OF QUORUM
MOA reserves the right to suspend the delivery of any Program that does not meet a minimum of ten (10) Users prior to the Start Date. In such case, MOA undertakes to contact, as soon as possible -by telephone or e-mail-, the Users who have contracted the Services to offer them (i) to maintain the Reservation and the Price paid until the next edition of the same Program, or (ii) to agree the termination of the contractual relationship and the consequent refund to the User of the amounts paid by him/her until the effective date of termination.
14. TERMINATION OF THE CONTRACT
The parties may terminate the contractual relationship contracted and terminate the Services, releasing each other from their respective obligations, in the event that any of them repeatedly fails to comply with any obligations to which they were subject, or irreparably breaches essential obligations, such as the payment of the agreed price or the failure to provide the Services, all without prejudice to the legal consequences of the termination for the defaulting party.
Likewise, the parties may terminate the contractual relationship contracted by mutual agreement.
15. RIGHT OF WITHDRAWAL
The User has the right to withdraw from this Agreement within 14 calendar days from the day on which the User receives the email with the confirmation of the contracting of the Services by MOA. After the above period has elapsed, no refunds will be accepted for withdrawal. To exercise the right of withdrawal, the User must notify MOA of its decision to withdraw from the Contract by means of an unequivocal statement (for example, by written communication sent by post or email). You may use the model withdrawal form set out in the APPENDIX to these General Conditions, although its use is not mandatory. To exercise the aforementioned right, you may use the following channels:
– By mail: Avda. de Europa n.º 1, Edificio B. 28108 Alcobendas, Madrid
– By e-mail: email@example.com
In order to meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right by the User is sent before the expiration of the corresponding deadline.
In case of exercise of the withdrawal, MOA shall refund to the User the amounts paid by the User without any undue delay and, in any event, no later than 14 calendar days from the date on which the User informs of its decision to withdraw from the Contract. MOA will proceed to make such refund using the same means of payment indicated by the User for the initial transaction, unless the User expressly indicates otherwise; in any case, MOA will not incur any expenses as a result of the refund.
For the purposes of the provisions of Art. 108.4 of the General Law for the Defense of Consumers and Users, the User acknowledges the nature of the Services contracted with MOA (training) and accepts that these will start before 15 calendar days from the moment the contracting is confirmed as stipulated in Clause 4, therefore, consequently, in case of exercising the right of withdrawal after the Start Date, MOA may deduct from the amounts paid by the User the proportional amount for the Services already provided at the date the User gives notice of withdrawal, which amount shall be calculated on the total agreed price or on the basis of the market value of the service already provided.
16. ASSIGNMENT OF THE CONTRACT AND SUBCONTRACTING
MOA may assign all or part of the rights and obligations assumed under these General Conditions, as well as subcontract their execution to third parties.
Users are prohibited from assigning the rights and obligations assumed under these General Terms and Conditions.
The Users accept that communications relating to the execution and control of compliance with these General Conditions be made to any of the means of contact provided during the registration process (or subsequently modified at the request of the User) and, in particular, by electronic means of communication.
For such purposes, Users may contact MOA through the following communication channels:
– By e-mail: firstname.lastname@example.org
– By telephone: +34 609 918 613
At any time, MOA may make changes to these General Terms and Conditions, as well as to any feature or functionality of the Platform, changes that MOA will publish on the Website and communicate to Users, by means of messages on the Website or by email, depending on the circumstances.
19. APPLICABLE LAW AND COMPETENT JURISDICTION
The law applicable to the Contract shall be Spanish Law. In case of controversy between the Parties, the Courts and Tribunals that correspond in accordance with the provisions of Article 90.2 of the General Law for the Defense of Consumers and Users shall be competent.
Model of withdrawal document
(To be completed by the User if he/she wishes to withdraw from the contract)
To the attention of:
LEARNING BY DOING ACADEMY, S.L.
Avda. de Europa n.º 1, Edificio B
28108 Alcobendas, Madrid
I hereby inform you that I withdraw from my Training Services Contract with LEARNING BY DOING ACADEMY, S.L., for the Program [indicate name of the Program], with start date [dd/mm/yyyy].
– Confirmation of Services received on [Date].
– [User Name].
– [User’s Address] [User’s Address] [User’s Address] [User’s Address