Contract conditions
1. IDENTIFYING DATA OF THE WEBSITE CONTROLLER
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 Formación Habbility SL with CIF B93684926 and registered office at Calle Vicario 34, 2-C - 29100 Coín (MÁLAGA) with registration in the Mercantile Registry of Málaga, in volume 5840, page 138, entry 1 with page MA-150848
Email: hola@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 "Customer" users of any online course offered by Formación Habbility SL through its website www.habability.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 the fact that Formación Habbility SL reserves the right to modify, without prior notice, the general conditions as well as any of the texts laws found on said website. In any case, access to the Web after its modification, inclusion and/or replacement implies acceptance thereof by the user.
The client is subject to the general conditions in force at each of the moments of carrying out the corresponding contracting, and it is not possible to contract any service without prior acceptance of these general contracting conditions.
3. PARTICIPANTS.
The electronic contracting process through the website www.habability.com will be carried out between the "Client" and "Formación Habbility SL."
Those consumers who are natural persons, who register using the established form by filling in their name, surname, address, city, country, state, postal code, email and password, and have made the corresponding payment to have access to the acquired course.
Likewise, those people/companies that have transferred their training to include it on the website, prior admission by Habbility, will have the status of "Teacher".
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 may be of two types, on the one hand, a student account, where the courses purchased and available to the student 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 this condition is obtained, and after signing a contract between the parties, the latter agrees 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 the commissions paid, not paid, metrics, user data and others that will be added to improve the functionality of the web will be reported.
Anyone may obtain student status after registering on the web 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.
The opening of accounts through robots, bots, or any artificial intelligence technique that is not a human is prohibited, and anyone in the world can access it, answering for the accuracy of the data provided.
4. RIGHT OF EXCLUSION
Formación Habbility SL reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these General Conditions.
5. ELECTRONIC PROCUREMENT PROCESS
Within the web, you will find online products in video format in which Formación Habbility SL 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 modalities.
Second Phase.- 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 that are specified in it and nothing more than these. The acquisition of the different subscriptions will be made individually following the steps previously established. The acquisition of subscriptions that contain content already acquired will be the responsibility of the user.
6. ECONOMIC CONDITIONS AND METHOD 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 cardholder, the number, the expiration date and the CVV.
All the information will be processed through a payment gateway external to Formación Habbility SL 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
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.
7. AFFILIATE PROGRAM
7.1 What is the affiliate program?
Formación Habbility SL makes available to people who deem appropriate an affiliate program that 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.
7.2 How is such a condition obtained?
Formación Habbility SL will choose whoever it deems appropriate and pertinent to obtain affiliate status.
Formación Habbility SL will offer a link to the AFFILIATE in order to identify the latter's Website and the origin of the payment in the event of a transaction being carried out through the use of an AFFILIATE link, subject to the terms and conditions of the contract.
7.3 Affiliate Commissions and Payments
For each sale made as a result of the affiliation 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 return the purchase has passed.
* Important note for affiliates.
It is strictly prohibited to make use of the personal license by a user other than the one that has been granted, otherwise, you will lose from that moment the status of "Affiliate" prohibiting entry to the restricted access area reserving as many legal actions as we can in order to to purify responsibilities before a possible crime against Intellectual property punished with prison sentences by our Penal Code of up to 4 years.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
Formación Habbility SL by itself or as an assignee, is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained therein (for 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 Formación Habbility SL or its licensors with all rights reserved.
Regarding the hosted courses, each teacher is the owner of the copyright that corresponds to them, being Formación Habbility SL a mere intermediary in the sale and provision 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 Formación Habbility SL, will be considered a serious breach of the intellectual or industrial property rights of the author.
The reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this web page, for commercial purposes, in any medium and by any technical means, without authorization, are expressly prohibited. of Training Habbility SL.
The CLIENT undertakes to respect the Intellectual and Industrial Property rights owned by Formación Habbility SL. You can only view the elements of the web without the possibility of printing, copying or storing them on the hard drive of your computer or on any other physical support. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of Formación Habbility SL
In the case of suspecting any abuse or violation 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" for which the company will in no case claim nor will it be responsible for any infringement of intellectual property.
8.1 Prohibition of the so-called JOINTS or PIRACY
What are joint calls?
We are facing an illegal practice carried out by several people who come together to acquire a service or digital product in order to reduce costs in the final price. In this case, it would consist of a single person making the payment for 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 prohibited to share the license for use with more people, each license is personal and non-transferable, reserving as many civil and criminal actions that 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 Criminal Code with prison sentences of up to 4 years.
9. RIGHT OF WITHDRAWAL
The "Customer" 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 will not be applicable to contracts that refer to: [...] m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.”
Likewise, Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights 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, from a material support 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 you are not satisfied, you could request a refund through the mechanism established below.
MECHANISM TO EXERCISE THE RIGHT OF WITHDRAWAL
The right of withdrawal may be exercised by email sent to hola@habbility.com and must establish in the subject "return of (purchased product)".
To do this you can use the following template:
| 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 product/service mentioned above requesting a refund of the money in the following account number: _____________________ |
10. EXEMPTION FROM LIABILITY
Formación Habbility SL 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 due to causes beyond the control of www.habability.com or fortuitous causes. and/or force majeure, viruses, computer attacks and/or actions by 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.
11. PROCESSING OF PERSONAL DATA
All information provided during the contracting process will be stored by Formación Habbility SL in its capacity as file manager.
In the same way, and unless the client has shown their express opposition, the user expressly consents to the processing of their personal data to send information of interest, news and offers on products and services through any means, including email.
To unsubscribe from sending advertising communications, you can do so by sending an email to hola@habability.com.
You can direct your communications and exercise the 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 proof of law, as a photocopy of the DNI or equivalent, indicating in the subject "DATA PROTECTION".
12. CAUSES FOR DISSOLUTION OF THE CONTRACT
The dissolution of the service contract can occur at any time by either party.
You are not bound by conditions of permanence with Formación Habbility SL if you are not satisfied with our service.
Formación Habbility SL may terminate or suspend any and all Services contracted with Formación Habbility SL immediately, without prior notice or liability, in the event that you do not comply with the conditions set forth herein.
Upon termination of the contract, 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 Formación Habbility SL.
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 to the contracted service.
13. LANGUAGE
The language of these conditions and of the website is in Spanish (Spain)
14. APPLICABLE LAW AND JURISDICTION
The relationship between Formación Habbility SL 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.