- TERMS AND CONDITIONS
- Holder: International Association for Sustainable Economy (hereinafter “IASE”)
- Company Number 12714984
- Registered office: 2 Putney Hill | London | SW15 6AB | UK
- Register Data: July 2nd 2020
- E-mail: firstname.lastname@example.org
- Phone Number: +44 2037691904
By means of this document, the general Terms and Conditions are determined (from now on, the “Terms and Conditions”) that will regulate the contracting by the users (from now on, the “User” or the “Users” as appropriate) of the Courses offered through the website of IASE” accessible through https://www.exponential-institute.com (from now on, the “Website”).
Any subject that has not been expressly foreseen in these Terms and Conditions will be understood to be reserved for IASE, without prejudice to the application of the provisions of the regulations in force.
Likewise, IASE reserves the right to carry out modifications and/or updates to the Terms and Conditions, of which the User will be informed beforehand for their acceptance or rejection if they are substantial. In any case, it will be considered that the User expressly accepts such modifications or updates if he/she contracts again the services offered by IASE through the Website.
If accepted by the User, the new Terms and Conditions will fully replace the conditions in force up to that moment, starting to take effect in the new subscriptions contracted by the User, from the date of acceptance of the new Terms and Conditions.
Ticking the corresponding box in the contracting process, as well as the fact of following all the steps of this online process, implies the express acceptance of these Terms and Conditions by the User, having the same validity as the signature of the User in person. In this way, the User acknowledges being a person with sufficient capacity to assume the obligations derived from his/her actions through the Website, which he/she has previously read and understands its content.
In any case, in order to enter into a contract with IASE, the User must be of legal age (≥ eighteen (18) years) and have full legal capacity to enter into contracts.
The entire contracting process will be carried out in English, other languages might be available to the user.
The Website is intended for the sale of online courses for professionals who wish to enhance their training (hereinafter, the “Services”), and which may be contracted by the Users, in accordance with the provisions of these Terms and Conditions.
During the contracting process, you will be required to provide the necessary data to manage your registration, and you must provide complete, real and true data, as this will be the only way for us to be able to offer the Services correctly and manage the correct contract with the User, as well as, if necessary, contact our Users.
Under no circumstances will IASE be responsible for the authenticity of the data provided by the Users, and therefore each one of them will be responsible for the possible consequences, errors and failures that may subsequently arise from the lack of veracity of the data.
After contracting the Service, the User will be provided with the information related to his/her username and password to access the course. To do so, the User must follow the instructions indicated by IASE during the start-up process. The User assumes that the access credentials, user and password are personal and non-transferable.
The password provided must be modified by the User in accordance with the rules of robustness and complexity established at any given time by IASE. The password created by the User will have unlimited temporary validity, only subject to the time the Website, or the section of it that requires access by password, remains active.
Without prejudice to the above, the User may modify his/her password at any time, using the tools made available to him/her by IASE through the Website.
The User agrees to make diligent use of his password and keep it secret and may not transmit it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected when providing their data during the purchase process, and agree not to transfer their use to third parties, either temporarily or permanently, nor to allow third parties access to their account. The User shall be responsible for the lawful use of the Website, being liable for any damages generated by a third party accessing the Website using their access credentials.
virtue of the above, it is the User’s obligation to immediately notify IASE of any event that allows an improper use of the IDs and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such facts are reported, IASE will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorised third parties.
All communications with the User by IASE shall be carried out electronically.
- ONLINE CONTRACTS.
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects foreseen by the legal system, when the consent and other requirements necessary for their validity are met.
In any case, the electronic method on which these Terms and Conditions of Business concluded by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
To this end, it will be understood that the follow-up of all the phases of the process of contracting the service and, where appropriate, the payment of the corresponding economic amount necessarily implies the provision of the consent required for the contracting.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on services of the information society and electronic commerce, all the information relating to the same is made available to Users prior to the start of the contracting procedure, which will only be applicable in the event that the User decides to proceed with the contracting through the Website.
- Previous information.
These Terms and Conditions are available to all Users of the Website freely and without charge.
Access to the contracting process is completely free of charge, without any additional associated costs apart from those derived from the User’s provision of an Internet connection and those due to registration for the Courses.
The Services offered by IASE are perfectly described on the Website, and any aspects not expressly indicated are not included.
The contract between IASE and the user is understood to be perfected from the very moment the User completes the contracting procedure by pressing the “[…]” button, it being understood that the monitoring of all the phases of the electronic contracting procedure and the inclusion of all the data requested, together with the ticking of the corresponding box relating to the acceptance of these Contracting Conditions, is a direct manifestation of the User’s wish to accept these Conditions.
IASE, as a provider of an information society service, shall file the electronic document in which this contract is concluded. This electronic document will be accessible to the User by means of the link provided, from which he can download and print it and where the present Contract Conditions will be included.
IASE shall introduce adequate and sufficient technical means to identify and correct technical errors in the management of the information as soon as they result from its responsibility.
The language in which the contracting procedure will be processed and in which this contract is formalised will be, unless otherwise indicated, Spanish.
The procedure for contracting the Services offered by IASE is carried out completely electronically through the Website. Any person with access to the Internet can contract the services, and all the services offered through the Website are publicly accessible, without any restriction on their viewing.
The complete procedure to be followed by all Users who wish to contract the Services offered by IASE through the Website is as follows:
1) Once the User has accessed the Web Site of IASE he/she must select those courses he wishes to take and proceed to register by selecting the button “[…]”. It is important that the User reviews the course descriptions, as well as conditions, deadlines and final prices.
3) The User must then enter the desired form of payment from among those offered by IASE on the Website, which are the following: credit or debit card and bank transfer. At no time IASE will you have access to your bank details, which are directly managed by the corresponding banks in our payment gateway.
4) Once this process has been completed, a summary screen of the purchase made will be displayed, without prejudice to the fact that the User will automatically receive an email confirming that the purchase has been made successfully. This email will describe the characteristics of the User’s subscription, serving as proof for any type of claim. If you do not receive this email, please check your “junk mail” or “spam” folder and, if you are not in that section, please let us know, through the contact details included in clause 5.3., as soon as possible so that we can solve the problem.
5) The User will be able to find all the information of his purchase, as well as of all those that had made previously, in his private area of the Website, where, previous identification, he will be able to see the summary of the order, the date, the amount and the form of payment.
- Economic terms.
The price of the Services offered by IASE through the Website is indicated next to the descriptive card of each of the courses, being shown in all cases in the official currency of the European Union, the Euro (euros).
The current price of the courses offered by IASE, will be the one indicated at each moment on the Web Site along with its description, being these of public access and being able to visualize them at any time. Likewise, the User is informed that the prices can also be shown in other currencies, and payment can be made in such currencies. The current exchange rate will be applied to the price in Euros, which will be updated at least daily. An additional cost will be applied to this change, associated with bank commissions and management costs incurred IASE. In any case, you will be expressly informed of this circumstance at the time of making the currency exchange and the corresponding payment.
The price given is in any case the final price, which expressly includes the Value Added Tax (VAT) and any other applicable expenses. Nonetheless, the final price will include all those increases or discounts that may be applicable, expenses charged to the User and additional expenses for accessory services, payment methods, etc.
In any case, all these costs will be shown to the User in a detailed display during the contracting process.
- Payment and invoicing
Once the User has contracted the Services and paid the corresponding charge through any of the payment methods made available to the Users by IASE, the Service will send the User an e-mail containing all the information related to the contracted Services, their price, the applicable taxes, as well as the duration of the contract and the way in which the User may cancel the Services.
In any case, the payment of economic sums through the Internet will be made via the Website provided by an external financial entity, which in any case will be hosted on a website under SSL secure protocol. For your identification, please confirm that the web address of the page from which you are going to make the payment starts with https://.
In any case, the contract will only be effective when IASE, you receive confirmation of the payment by the bank that owns the payment platform. If the transaction is denied by the bank for any reason, or if the full amount corresponding to the Services is not paid (including surcharges for management fees and bank transfer commissions), the contract will be cancelled and the User will be informed that the transaction has not been completed.
Having received the full payment, IASE via email: …], it will automatically send the invoice relating to the contract to the User’s e-mail address. The invoice request will be understood as an express consent to receive the invoice electronically. If the User wishes to receive the invoice on paper, he/she can contact IASE indicating the postal address where the invoice should be sent. The invoice may be issued directly to the User as an individual, to the User as a self-employed person or to the company for which the User works.
Also, in accordance with the legislation in force, IASE cannot modify later the invoicing of the sales made. Therefore, the invoice will be issued in the name of the natural person who contracts the Services, so the User will have to ensure that the order is placed in the correct name. Duplicate invoices cannot be issued for delivery to third parties, nor can they be issued after the guarantee period has expired.
- RIGHT OF WITHDRAWAL AND GUARANTEES
- Right of Withdrawal.
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Users are informed of the following aspects
IASE informs the User that at the time of supply of the digital content relating to the Services at the time of completion of the purchase thereof, will entail, prior knowledge and express consent of the User, the loss of his right of withdrawal, in accordance with the provisions of paragraph m) of Article 103 of that law; without prejudice to the possibility of exercising the Commercial Guarantee established in these Contract Conditions.
- Responsibility of IASE.
IASE will make its best efforts to ensure that the content, data or information relating to the Services offered through the Website are reliable, true and accurate, being responsible for the prices and characteristics advertised, unless these are clearly wrong, or their lack of accuracy is due to causes not attributable to IASE. However, it will not be responsible for any information that has been introduced, shown or modified by third parties outside IASE
Any photographs, texts, graphics, information or characteristics reproduced that illustrate the Services are not contractual and may therefore vary. However, we always ensure that the description of these is as accurate as possible.
IASE shall not be liable for the links included in the Website in accordance with the provisions of its Legal Notice.
- Customer Service.
IASE as the entity responsible for the Website and in charge of marketing the Services offered through the same, makes available to the Users a customer service, available from Monday to Thursday, from 9:00 to 20:00, and Friday from 9:00 to 15:00, where due attention will be given to all queries, complaints and suggestions made in relation to the subscription of any of the Services.
Specifically, the contact ways available to the Users are the following:
- E-mail: […]
- Contact form: […]
- COMMERCIAL GUARANTEE AND ITS EXTENT
- Commercial Guarantee
IASE gives the User an extra guarantee (hereinafter, the “Commercial Guarantee”) consisting of a right to be reimbursed for the amount of the Services previously contracted, provided that the User requests to make use of the Commercial Guarantee within five (5) calendar days from the time the credentials are made available to access the contracted Courses and in the manner detailed below. Under no circumstances may the Commercial Guarantee be requested if the Course has been contracted.
The User who wishes to exercise this right must in any case follow the next steps:
1) The user must notify IASE of his/her wish to exercise his/her Commercial Guarantee through any of the customer service channels, by completing the Commercial Guarantee exercise form.
2) Once the request to exercise the Commercial Guarantee has been received, IASE will send an e-mail to the User confirming that their request has been received, after which the User will no longer have access to the Courses, and the User must proceed to remove any content to which they had access; otherwise they will not be able to exercise this Commercial Guarantee.
3) Subsequently, the corresponding refund will be made within a maximum period of fourteen (14) days from the time of receipt of the request to exercise the Commercial Guarantee. This economic amount will be the one initially paid by the User.
4) In any case, the payment of the economic amounts will be made through the means used by the User to make the initial payment.
The Commercial Guarantee is configured as an additional right that IASE, voluntarily grants the User, as a sign of its commitment to the quality of its Services.
In no case should the Commercial Guarantee be confused with the right of withdrawal, described in section six of these Contract Conditions.
- INTELLECTUAL PROPERTY.
Based on these Terms and Conditions, IASE grants the User a limited, personal, non-transferable, revocable, non-sub licensable and non-exclusive license to access and use the Website and the contents linked to the Services by the User. Any rights not expressly granted are reserved by IASE.
The User or any third party will be restricted from carrying out the following actions: (i) reproduce, modify, prepare derivative works of, distribute, license or otherwise exploit the Website or the Services, where not expressly permitted by IASE; (ii) decompile or reverse engineer the Website; (iii) link to, mirror or frame any part of the Services; (iv) deploy or launch any type of program to perform any action related to data mining or actions tending to damage the operability and functionality of the Platform; or (v) remove, modify or any analogous action tending to alter the copyright of IASE on its trademark, its Website or its Services.
In any case, the intellectual and industrial property rights over the services offered, as well as the Platform, will remain the property of IASE
The use of the Platform or the acceptance of the services does not imply the transfer or granting of any right: (i) in relation to the Services, except for the aforementioned licence; or (ii) to use or mention in any way the company names, logos, names of products and services, trademarks or other elements of a similar nature, except in those cases in which IASE expressly grants it.
- License for personal use of the contents linked to the Services
IASE grants a worldwide, non-exclusive, non-sub licensable license to third parties, for internal use by the User who has contracted the Services through the Website, for the maximum duration allowed by the current Intellectual Property Law.
The uses of the license do not include the rights of reproduction, distribution, public communication or transformation, nor the right of collection of the contents linked to the Services. Only personal use of the content linked to the Services is permitted through the licence, with personal use being understood as any use other than that associated with possible economic or business exploitation of the same.
The Parties agree to comply with their legal and contractual obligations generated by these Terms and Conditions. If a party does not comply with any of its obligations or hinders the other party’s compliance with its obligations, this will generate the right of that other party to claim compensation for damages caused, both for consequential damage and for lost profits.
The parties will be responsible for the infringements they have personally incurred, and the other party will be indemnified against any error, fault or negligence not attributable to it, and for any damage arising from such infringements or errors attributable to the other contracting party.
IASE shall not be liable in the cases described in the Website’s Legal Notice with respect to the Services offered through the Website. Likewise, in particular IASE will not be responsible in case of unavailability of the Website or the impossibility of contracting the Services when this is due to circumstances beyond the control of IASE, force majeure or error in the contracting process or data provided by the user. However, in such cases, IASE will contact the user in order to find the best solution to the case.
IASE will use all the commercial and technical efforts at its disposal to keep the Services offered through the Website available, which is an obligation that, however, will not apply to any lack of availability or performance caused by:
1) Temporary inactivity of the Website due to updating and/or technical maintenance, of which prior notice will be given by publication on the Website itself within a maximum period of 48 hours, provided that these circumstances are known or communicated to IASE with a period of notice greater than that indicated;
2) Causes beyond the control of IASE: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Website, actions or omissions of third parties, etc.
In all the cases referred to, beyond the control and due diligence by IASE, there will be no place for compensation from the latter to the User for loss of earnings, damages or losses.
In the event of closure or suspension of the Website for reasons beyond the control of the parties, the user will be informed promptly of the transfer of the service to a new domain, modifying only the stipulations of this contract with regard to the domain in which the Website remains active.
- SAFETY CLAUSE.
All the clauses or extremes of the present Conditions of Contract must be interpreted independently and autonomously, the rest of the provisions not being affected in the event that one of them has been declared invalid by a judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Website.
- DISPUTE RESOLUTION.
For any dispute related to this Website or any other that depends on it, and whenever the legislation allows it, the Spanish legislation in force at the time of the dispute will be applicable, being competent for the resolution of all conflicts derived or related to the use of this Website the Courts and Tribunals of the city of London (UK).
To file a complaint about our Services, you can send a letter to the e-mail address or physical address indicated in the section “Identification”, committing us to pursuing a friendly solution to the conflict at all times.
Likewise, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes, in the event of a dispute, if the User so wishes, he/she may turn to the “Commission’s Dispute Resolution Platform” to try to resolve out of court any dispute arising from the provision of the Services by IASE.
Through the following link, the User may send his claim to a dispute body authorized by the Commission, through the following link: http://ec.europa.eu/consumers/odr/
Last updated: June 2020