Terms and conditions of service

Identifier of the provider

• Holder: ADVISERS FOR INTERNATIONAL PROGRAMS IN SPAIN, S.L.
• Registered office: C/ Bachiller 7 Bajo. – 46010 – Valencia (Valencia)
• CIF/NIF: B96732102
• Public Registry: Registered in the Mercantile Registry of Valencia, Volume 6062, Folio 196, Section 8ª, Page V-60009, Inscription 1ª.
• Telephone: 963391566
• E-mail: info@aipidiomas.es

Object

Through this text, we make available to all users and customers the conditions of use and registration that apply to our online services platform https://spagnoloinspagna.it/ and the services we provide, reflecting all the rights and obligations of the parties.

All users who visit or access our platform and/or use any of our services must accept the conditions of use and privacy policy, as well as the different modifications and/or additional legal texts we may include in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.

Together with the present conditions, each of the services provided may be regulated by specific conditions of use and registration and, in any case, it is obligatory that the user expressly accepts them before using and/or contracting them.

Registration and user access

1. REGISTRATION PROCEDURE

Any user, if they are over 18 years of age and have sufficient power of attorney in the case of acting in the name and on behalf of a third party, whether a natural or legal person, may register on our platform.

To do so, access the form provided for this purpose, enter the requested data and accept the conditions of use and registration, as well as the privacy policy that will govern the relationship between the user and the provider.

Using the same username and password entered during the registration process, the user will be able to access the platform to contract and manage their services and information and complete their user profile.

Electronic procurement of services

1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING

Per the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.

For these purposes, it shall be understood that the completion of all the phases of the registration process and, where applicable, the payment of the corresponding economic amount necessarily implies the provision of the express consent required for contracting the service.

Likewise, and under the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all the information relating to the contracting procedure is made available to users before starting the contracting process.

The contracting conditions indicated below directly apply to the contracting of all the services made available through the web portal https://spagnoloinspagna.it/ , unless expressly stated otherwise.

2. CONTRACTING PROCEDURE

The contracting procedure of the services is carried out entirely electronically through our platform, without the parties’ physical presence and/or external physical transaction at any time.

Any person with Internet access can carry out the contracting process, with the only prerequisite of registering as a user, which is essential to start the contracting procedure.

The phases of the contracting procedure are visible to users throughout the entire contracting process. Three stages can be distinguished:

• Identification of the user.
• Selection of the service and method of payment.
• Confirmation of the service.

The user only has to select the service he wishes to purchase and click on the purchase button provided for this purpose. This will start the contracting procedure, which will always follow the abovementioned steps for all available services.

Once the service, quantity, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the contracting process, together with the suitable contracting conditions, which in any case must be expressly accepted by the user to continue with the contracting process.

Once the box for acceptance of the contracting conditions has been ticked, if any of the electronic means of payment has been selected, the user will be directly redirected to the corresponding external payment platform to make the payment without https://www.spanishinvalencia.com being able to access the user’s credit card and/or payment system data at any time.

The financial institution guarantees the security of the payment procedure.

Once the service contracting has been completed, a summary screen of the contracting process will be displayed.

If payment by credit card has been selected, this will be carried out through the bank’s POS, an utterly unrelated platform independent of the provider.

Within 24 hours, the service contracting party will receive an e-mail containing all the information relating to the contracted service. This document confirms that the contract has been successfully completed, valid as a means of accreditation for any type of claim as long as the corresponding proof of payment is attached.

The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, in which will be reflected along with the information of the contracted services, additional information to ensure the security and evidence of the correct completion of the procedure.

3. RIGHT OF WITHDRAWAL FROM THE CONTRACT

Following 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, together with article 45 of Law 7/1996, of Retail Trade, the right of withdrawal is excluded for the user as it is a service:

• The supply of digital content that is not provided on material support, having started the execution of the service.
• Because it is a service that has already begun, with the user having access to all or part of the content of the service, thus losing the right of withdrawal once the service has been executed in whole or in part.

Obligations of the user

The user undertakes, during the term of this contract, to:

• Not to use the platform or any of the elements that comprise it, to develop timesharing operations, to become a provider of software application services insofar as they are aimed at making it possible for third parties to access the platform or any of its components, through rental operations, administrative services or any others of similar consideration, sharing them or making them available to third parties.
• Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which implies its subjection to operations of an inverse nature to those that determined its construction or which, ultimately, constitute or may constitute operations of inverse engineering, decompilation or disassembly. None of the sections of this contract may be understood as authorising access to the platform’s source code.
• Not to publish the platform, nor use it as a system for the management and exchange of information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not to subject the platform to workloads aimed at destabilising it, including denial of service attacks (DDoS) or similar situations. If this type of situation is detected, the agreed service level will not be applicable, being considered an emergency situation, and ADVISERS FOR INTERNATIONAL PROGRAMS IN SPAIN, S.L. will not assume any responsibility for the lack of availability of the service.
• Not to carry out acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by https://spagnoloinspagna.it/ , this activity being considered an act of unfair competition and infringement of the intellectual and industrial property rights that the provider holds over the platform.
• Not to translate, adapt, improve, transform, modify or correct the platform or any of its elements, and may not incorporate it into other software or portals of their own or provided by third parties.
• Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property properties (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
• Accept that https://www.spanishinvalencia.com may introduce contextualized or non-contextualized advertising on the website.
• To pay the financial amounts expressly indicated in this contract in due time and form.
• To inform the provider of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
• It is forbidden to force failures or look for security breaches in the platform.

Guarantees and liabilities

We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, situations may arise, especially due to the intervention of malicious third parties, which could give rise to liability.

In this sense, we indicate below those situations in which we are not responsible for the actions of the users, and they assume all the responsibilities derived from them:

• If information is published on the platform that has not been hosted by us or that has been published by a third party outside the organisation.
• If the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• If the user or any third party stores, disseminates, publishes or distributes on the platform any defamatory, libellous, discriminatory material that incites violence or that goes against morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties.
• If the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, damage is caused to the systems of other users.

The services made available and marketed through https://spagnoloinspagna.it/  are provided by third-party companies outside and utterly independent of the provider.

Therefore, AIP Language Institute shall not be held liable in the event of occasional failures in the continuity of the service or, where applicable, in the occasional lack of availability of the same.

If the services contracted by the user are not available for more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and return the monetary amounts corresponding to the services not enjoyed, which will be duly refunded through the same means by which the initial payment was made or, where appropriate, by bank transfer.

If any of the content accessible through the platform is contrary to current regulations, we undertake to immediately remove it as soon as we become aware of and corroborate the facts.

Payment methods

The payment methods accepted in the online shop are:

• Credit card
• Bank transfer

Intellectual and industrial property rights

At AIP Language Institute we are deeply committed to protecting intellectual property rights. That is why we have established the following conditions and policies:

1. RELATING TO THE ONLINE PLATFORM

The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any legal dispute before signing this contract.

The user expressly acknowledges that the provider holds all rights, title and interest in the platform and the IT developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on the same, regardless of whether or not the user has requested this. For these purposes, it is included, without limitation, the recognition of the ownership of the provider of all copyrights, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporal or territorial nature, related to means of dissemination or modalities of exploitation and without any limitations other than those established by law.

The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may include the platform are the exclusive property of the provider and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.

Similarly, all user manuals, texts, graphic drawings, and databases, which complement the platform and/or the materials associated with it, are the property of the provider and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user.

The provision of the platform in service mode or mere access by the user does not imply, in any case, the transfer of ownership nor the granting of a right of use in favour of the user other than that expressed in these conditions.

In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive licence of use, limited in time to each connection period, unlimited in space insofar as it can be accessed from any computer with Internet access, non-transferable, revocable and non-sublicensable.

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, with the infringing user assuming all direct or derived responsibilities that may arise.

For any aspect that is not expressly recognised in the present contract, all rights shall be understood to be reserved in favour of the provider, with the latter’s written authorisation being necessary in order to be able to carry it out.

2. CONCERNING USER CONTENT AND INFORMATION

All content and information published or managed by users on the platform are the latter’s exclusive property, https://spagnoloinspagna.it/  being merely a provider of information society services responsible for data storage.

The provider does not receive any intellectual property right for the fact that the user hosts or manages them on its platform, and therefore under no circumstances may it process them for purposes other than those directly related to the provision of the services effectively contracted.

Confidentiality and data protection

Under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the platform and during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which all users must expressly and previously accept to be able to register.

Any user who accepts the present conditions of use accepts in an informed, express and unequivocal manner our Privacy Policy, and in this sense, is entitled to the rights of access, rectification, cancellation and opposition concerning their personal data, being able to exercise them as reported in the aforementioned Privacy Policy.

Temporary conditions

The present conditions shall come into force on the date of contracting the service and shall have a duration of one year, being tacitly renewed for annual periods.

Either of the parties may terminate this contract by giving express written notice to the other party at least 30 days before the start of the following period.

However, those services that are for consumption and contracted in packages or promotions may have a specific and determined duration that is less than that indicated, which in any case, will be shown before proceeding with the contract.

Economic conditions

The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform. These shall be the only valid rates, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.

If the method of payment is by direct debit, the user expressly accepts that the provider will periodically make the corresponding financial charges to the user’s bank account within the periods indicated.

The provider reserves the right to cancel the contracts made within seven days from the time of their execution if it detects typographical or transcription errors in the price and/or taxes applied to the transaction.

The provider reserves the right to modify the prices of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise stipulated, the modification of rates shall not be retroactive.

All contracted services will be duly invoiced and paid before the provision of the services or in arrears, depending on the type of contract used.

The economic amounts may only be paid by direct debit or credit card, with the provider not having access to any bank or credit card details at any time .

All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, which will be duly reflected in the summary of each purchase.

User support and technical service

The Provider provides the user with a customer service and technical assistance service in accordance with the following characteristics:

• Opening hours: Mon – Thu: 8.30 – 21.00 | Fri: 8.30 – 19.00 | Sat: 10.00 – 14.00 / JULY: Mon – Fri: 8.30 – 19.30 / AUGUST: Mon – Fri: 8.30 – 15.30
• Phone: +34 963 391 566
• Email: info@aipidiomas.es

Unless otherwise stated, the customer service will be provided exclusively in Spanish.

Termination of the contract

This contract may be terminated in the event of any of the following circumstances:

• Breach of the obligations set out in this contract.
• On the expiry of the term of the contract, provided that one of the parties has expressly stated at least 30 days in advance its wish not to renew the contract automatically.
• The declaration of insolvency of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated non-fulfilment of obligations on the part of the other party, whether presented by one of the parties or by a third party.
• In the event that the corresponding financial amounts are not paid in accordance with the agreed terms and in the agreed manner. The service will be automatically blocked the day after the non-payment occurs. To reactivate it, paying for the corresponding economic amount will only be necessary.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.

Likewise, for the contract to be fully terminated, the user must pay all those economic amounts that are still pending, and there is only possibility of full termination with the fulfilment of this obligation, which is considered essential.

If the user unilaterally terminates the contract without duly proven and justified cause, the user waives any type of claim for the economic amounts paid to date.

Out-of-court dispute resolution

Furthermore, in accordance with the terms of Article 14 of EU Regulation 524/2013 on the settlement of consumer disputes, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm.

Applicable law and jurisdiction

Spanish law shall apply for any controversy or dispute arising from these terms or conditions. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of Valencia.