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1. IDENTIFICATION DATA OF THE RESPONSIBLE FOR THE WEBSITE
In compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, you are informed that:
The company name of the person in charge is Formation Habbility S.L. with CIF B93684926 and registered office at Calle Granada 3 1-G, 29015, Málaga with registration in the Mercantile Registry of Málaga, in volume 5840, page 138, registration 1 with page MA-150848
Email: hello@habbility.com The social activity is: Online training. -
2. PURPOSE OF THE CONDITIONS
The purpose of these general conditions is to expressly regulate the conditions applicable to the contracting processes carried out by the "Client" users of any online course offered by Formacion Habbility S.L. through its website www.habbility.com.
These conditions will remain in force and will be valid for as long as they are accessible through the website, all without prejudice to Formacion Habbility S.L. reserves the right to modify, without prior notice, the general conditions as well as any of the legal texts found on said website. In any case, access to the Web after its modification, inclusion and/or substitution, implies acceptance of the same by the user.
The client is subject to the general conditions in force at each of the times of making the corresponding contract, not being possible to contract any service without the prior acceptance of these general contract conditions.
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3. INTERVENING.
The electronic contracting process through the website www.habbility.com will be carried out between the "Client" and "Formación Habbility S.L.."
Those consumers who are individuals, who register using the established form by filling in their name, surname, address, city, country, state, zip code, email and password, and who have made the corresponding payment to have access to the purchased course.
Likewise, those people/companies who have transferred their training to include it on the website will have the status of "Professor" after admission by Habbility.
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3.1 User Account
To complete the registration on the platform, the user must provide some information such as name, email, etc. Once the registration is completed, all users will be able to access their user panel and complete it, edit it and/or unsubscribe as they deem appropriate. It is important to reflect that user payment data is not stored, this data being treated as established in the privacy policy.
This user account can be of two types, on the one hand, a student account, where the courses purchased and available to them will be found, and on the other hand, a teacher account, where the commissions and/or sales generated by the courses will be stored. hosted on the platform.
To obtain the status of teacher, Habbility will be the one who accepts such a request after sending it through a form, so not everyone will be able to enter in that way. Once said condition is obtained, and after signing a contract between the parties, it is obliged to have exclusivity for a minimum period of five years with the platform.
Within the user account, you will be able to see different tabs where you will be informed of the commissions paid, unpaid, metrics, user data and others that will be added to improve the functionality of the web.
Anyone can obtain student status after registering on the website through the form established for this purpose. Inside you can see various tabs such as orders, subscriptions, payment methods and others that will be added.
In no case is information about payment methods stored.
It is forbidden to open accounts through robots, bots, or any artificial intelligence technique that is not a human, being able to access any person in the world, being responsible for the accuracy of the data provided.
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4. RIGHT OF EXCLUSION
Training Habbility S.L. reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions.
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5. ELECTRONIC CONTRACTING PROCESS
Within the web, you will find online products in video format in which Educación Habbility S.L. reserves the right of admission of the client, likewise, the client may choose different formations of artists for their acquisition.
The price of each course may be different and modified at any time where the total cost of the course will be specified on each sales page.
The electronic contracting process will be divided into 3 phases.
First phase.- Once inside the page, the user can create their account or access the cart through a purchase button in either of the two modes.
Second level.- Later you will be redirected to the cart page through the payment platform where after requesting the contact information, email and password, you can make the payment by Paypal or Credit Card.
Third phase.- After making the payment, the user will receive an email with the invoice that will serve as proof of payment.
Likewise, after paying any of the subscriptions, the user will have access to all the training that is included within it, it being understood that the acquisition of said subscription includes access to the courses specified therein and nothing more than these. The acquisition of the different subscriptions will be carried out individually following the steps previously established. The acquisition of subscriptions that contain content already purchased will be the responsibility of the user.
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6. ECONOMIC CONDITIONS AND FORM OF PAYMENT
6.1 Forms of Payment
Payment will be made through any of the following means:
Visa/Mastercard/American Express; the user must provide the name of the card holder, the number, the expiration date and the CVV.
All the information will be processed through an external payment gateway to Educación Habbility S.L. called Stripe, being able to obtain more information by visiting its website https://stripe.com/es or through Paypal, being able to obtain all the necessary information at https://www.paypal.com/es/home
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6.2 Discount coupons
There are discount coupons that can be used during the purchase process and that, depending on their content and value, will offer the user the possibility of applying a certain discount on the total price of their purchase.
Depending on the type of coupon, its characteristics may vary, and the information provided therein must be taken into account.
Our Gift Cards include these discount coupons, for which it must be taken into account that if the value of the purchase is less than the value of the coupon, the user will have to pay €0 for the acquisition of said purchase, but the remaining value of the coupon will be lost, so users are recommended to always make purchases for a value similar to or greater than the value of the discount coupon applied.
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7. AFFILIATE PROGRAM
7.1 What is the affiliate program?
Training Habbility S.L. makes an affiliate program available to those whom it deems appropriate, which has no other purpose than the dissemination and promotion of the online course published on the Website in exchange for a commission for each sale made.
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7.2 How is such a condition obtained?
Training Habbility S.L. will choose whoever it deems appropriate and pertinent to obtain the status of affiliate.
Training Habbility S.L. will offer a link to the AFFILIATE to be able to identify the AFFILIATE's Website and the origin of the payment in the event that a transaction is made through the use of an AFFILIATE link, subject to the terms and conditions of the contract.
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7.3 Affiliate commissions and payments
For each sale made as a result of the affiliate program, a previously agreed commission will be paid, taking as a reference the price of the product with taxes included, discounting the commission of the platform with which you work.
The commissions will be paid at the beginning of each month and are accrued when the term that the student has to make effective his right to the return of the purchase has passed.
*Important note for affiliates.
It is strictly forbidden to make use of the personal license by a user other than the one that has been granted, otherwise, you will lose your "Affiliate" status from that moment, prohibiting entry to the restricted access area, reserving for us any legal actions that assist us in the interests of purge responsibilities in the face of a possible crime against intellectual property punishable by prison sentences by our Penal Code of up to 4 years.
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8. INTELLECTUAL AND INDUSTRIAL PROPERTY
Training Habbility S.L. by itself or as assignee, is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Formacion Habbility S.L. or its licensors with all rights reserved.
With respect to the hosted courses, each teacher is the owner of the copyright that corresponds to them, with Educación Habbility SL being a mere intermediary in the sale and availability of the training in question. However, the rights of reproduction, distribution, public communication and transformation are assigned to the company, having this exclusivity for a minimum period of five years.
Any use not previously authorized by Formacion Habbility S.L., will be considered a serious breach of the intellectual or industrial property rights of the author.
The reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the website, are expressly prohibited. of Formation Habbility S.L..
The CLIENT undertakes to respect the rights of Intellectual and Industrial Property owned by Formacion Habbility S.L.. You can only view the elements of the website without the possibility of printing, copying or storing them on your computer's hard drive or on any other physical medium. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of Educación Habbility S.L.
In the case of suspecting any abuse or infringement of intellectual property of any of the courses hosted on the web, you can send an email to hola@habbility.com with the subject "Copyright" so that the company will in no case claim nor will it be responsible for any infringement of intellectual property.
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8.1 Prohibition of the so-called JOINT or PIRACY
What are joint calls?
We are faced with an illegal practice carried out by several people who come together to acquire a digital service or product in order to add costs to the final price. In this case, it would consist of making the payment for a single person of the online course, but whose access would facilitate the rest of the people who have carried out this practice, accessing the course by several people with the same password and email.
We remind you that it is strictly forbidden to share the license for use with more people, each license is personal and non-transferable, reserving for us as many civil and criminal actions as assist us in order to safeguard our rights, all under penalty of incurring a crime against the intellectual property of art . 270 and ss of the Penal Code with prison sentences of up to 4 years.
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9. RIGHT OF WITHDRAWAL
The "Client" is not recognized the right of withdrawal (money refund) of the purchase made, in the case of digital products.
As established in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, "TRLGDCU ") Regarding the exceptions to the right of withdrawal, it is stated that "The right of withdrawal shall not be applicable to contracts that refer to: [...] m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal."
Likewise, Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on the rights of consumers in its recital (19) establishes that: "Digital content must be understood as data produced and supplied in digital format , such as programs, applications, games, music, videos or computer texts regardless of whether they are accessed through downloading or streaming, on a physical medium or by other means."
Based on the foregoing, the User is informed that they will not be able to exercise this right of withdrawal when accessing any of the contents that make up the contracted product for the first time.
However, as an additional guarantee, the client is granted a trial period of 14 days, so if he is not satisfied, he could request a refund through the mechanism established below.
MECHANISM TO EXERCISE THE RIGHT OF WITHDRAWAL
The right of withdrawal may be exercised by sending an email to hola@habbility.com, stating in the subject "return of (purchased product)".
For this you can use the following template:
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Return of purchased product/service Name and surname:____________
Contact email:______________
Product purchased:____________
Date of purchase:______________
By means of this letter, I request the return of the aforementioned product/service requesting a refund of the money in the following account number: _____________________
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10. RELEASE OF LIABILITY
Training Habbility S.L. cannot guarantee the technical continuity of the Website, the absence of failure or service interruptions or that the Website will be available or accessible one hundred percent of the time for reasons beyond the control of www.habbility.com or fortuitous causes and/or of force majeure, viruses, computer attacks and/or actions of third parties that cause the total or partial impossibility of providing the services as well as other unforeseeable causes such as the incorrect functioning of the internet.
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11. PROCESSING OF PERSONAL DATA
All information provided during the contracting process will be stored by Formacion Habbility S.L. in its capacity as responsible for the file.
In the same way, and unless the client has expressed their opposition, the user expressly consents to the processing of their personal data to send information of interest, news and offers about products and services through any means, including email.
To unsubscribe from sending advertising communications you can do so by sending an email to hola@habbility.com.
You can direct your communications and exercise your rights of access, rectification, cancellation and opposition through postal mail at Calle Granada 3 1-G, 29015, Málaga, or by email: hola@habbility.com together with valid legal proof, as a photocopy of the D.N.I. or equivalent, indicating in the subject "DATA PROTECTION".
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12. CAUSES OF DISSOLUTION OF THE CONTRACT
The dissolution of the service contract may occur at any time by either party.
You are not bound by conditions of permanence with Formacion Habbility S.L. if you are not satisfied with our service.
Training Habbility S.L. may terminate or suspend any and all Services contracted with Formacion Habbility S.L. immediately, without notice or liability, if you do not comply with the conditions set forth herein.
Upon termination of the agreement, your right to use the Services will cease immediately.
The following will be causes for dissolution of the contract:
The falsity, in whole or in part, of the data provided in the contracting process of any service.
Alter, circumvent, reverse engineer, decompile, disassemble or alter in any way the security technology provided by Formacion Habbility S.L.
Also cases of abuse of support services.
False and unfounded opinions with the intention of discrediting the owner of the products or services purchased.
Abuse, impersonate, threaten or intimidate any person.
Any breach established throughout the conditions.
The dissolution implies the loss of your rights over the contracted service.
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13. LANGUAGE
The language of these conditions and of the website is in Spanish (Spain)
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14. APPLICABLE LAW AND JURISDICTION
The relationship between Formation Habbility S.L. and the CLIENT will be governed by current Spanish regulations and any controversy will be submitted to the Courts and Tribunals of the city of Malaga, unless the applicable Law provides otherwise.
You are also informed that there is a conflict resolution platform created by the European Union and signed by the Member States, and you can use the following link https://ec.europa.eu/odr.
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