Introduction
This contractual document will govern the General Conditions of contracting training courses (hereinafter, “Conditions”) through the website avsec360.com, owned by AVSEC360 S. Coop. And. under the trademark of AVSEC360, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce them and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- You have read, understand and understand what is stated here.
- He is a person with enough capacity to hire.
- It assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the trade is responsible and knows the current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the training courses contracted by the USER is AVSEC360 S. Coop. And., with registered office at C / Tomás Echevarría, 3 – 6-3 29002 Málaga (Spain), NIF F04937009 and with customer service telephone number / USER +34 951572786.
And on the other, the USER or STUDENT, registered on the website by means of a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER. In some cases the USER will not coincide with the STUDENT, so he will act on his behalf (for example: companies, parents, etc.).
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which he accepts during the online contracting process the corresponding box.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific training course.
Intellectual property
The USER is not allowed in any way to transfer, change and exchange the license rights and obligations that affect this contract, unless the form and content can be altered under the condition that the changes are pre-agreed and in writing from the PROVIDER. However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in this contract or general conditions of sale.
Procurement procedure
The USER, in order to access the services offered by the PROVIDER, must be over 18 years of age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force majeure.
- Competence.
- Generalities of the offer.
- Price and term of validity of the offer.
- Payment methods, charges and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Applicable law and jurisdiction.
1. General contracting clauses
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. Activation of services
The PROVIDER will not activate any service until it has verified that the payment has been made and will confirm to the USER the receipt of the payment through an email, within a maximum period of 48 hours (working days), with the identification data to access the training platform. From that moment, the student will be able to access the course from the online campus.
In the event that the USER or STUDENT communicates any erroneous data to the PROVIDER, the PROVIDER may charge it separately as an extra concept (5,00€ + VAT).
The USER or STUDENT may access the syllabus of the course electronically. When you consider that you have understood and internalized the contents, you can undergo an online test to achieve your certificate of completion. This exam will consist of questions with alternative answers based on the syllabus, of which only one will be correct. If the STUDENT answers at least 70% of the correct answers, which will be 75% in the case of training subsidized by the FUNDAE, he will obtain the corresponding certificate of completion, which will be sent by email within a maximum period of 48 hours (working days).
The STUDENT has two attempts to take the exam included in the price of the course. Unless previously agreed by both parties, from the third, it would be charged separately as an extra concept (10,00€ + VAT). The maximum number of attempts will be five.
The PROVIDER undertakes to respond to the doubts and queries of the students within a maximum period of 48 hours (working days). The corresponding doubts and queries can be sent to the email [email protected].
Courses will be deactivated 30 days after the student’s enrollment.
If the course is not completed in the indicated time, unless the right of withdrawal may apply (see in the following section), the PROVIDER:
- It will not issue a certificate of passing the course.
- It will not continue to carry out tutoring and consultation tasks related to this course.
- You will not refund the amount of the course registration.
- It will not transfer this registration to another call or to another training action.
Registration in a course and the corresponding access to the syllabus implies acceptance of these conditions.
As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the Website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to perform this download or activation.
Failure to perform the distance contract
In the case of the provision of an online training course, this will be available from the moment the USER has made the payment of the same and may be activated according to the conditions of the PROVIDER.
In case of not being able to execute the contract because the contracted course is not available within the foreseen period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without deriving any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim to be paid twice the amount due, without prejudice to his right to be compensated for the damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the download or activation of the course does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered carried out at the moment in which the USER has activated the training course.
3. Right of withdrawal
The USER has a period of fourteen calendar days, counted from the conclusion of the contract to exercise the right of withdrawal (Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws). If the PROVIDER has not complied with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014, of March 27).
The right of withdrawal may not be applied in the following cases:
- When the USER is a legal person who does not act in a field outside a business or professional activity, that is, he is not a Consumer.
- Once the training course has been fully executed, when the execution has begun, with the prior express consent of the PROVIDER and USER and with the recognition on their part that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal (Art. 103 a) LGDCU).
- In the activation of the course whose price depends on fluctuations of the financial market that the PROVIDER can not control and that may occur during the withdrawal period.
- In the provision of services made according to the specifications of the USER or clearly personalized.
Any return must be communicated to the PROVIDER, requesting a return number by email to [email protected], indicating the corresponding invoice or order number.
4. Online Claims and Dispute Resolution
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
- Postal: AVSEC360 S. Coop. And., C/ Tomás Echevarría, 3 – 6-3 29002 Málaga
- Phone: +34 951572786
- E-mail: [email protected]
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.
Link to ODR platform: http://ec.europa.eu/consumers/odr/
5. Force majeure
The parties shall not incur liability for any fault due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. Competition
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they suffer modification in any way.
The USER declares to have read, know and accept these Conditions in all their extension.
7. General offer
All sales made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of AVSEC360 S. Coop. And. or to what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
Continuity, consistency and quality of service
The PROVIDER expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, undertakes to comply with its obligation as a service provider to the extent of its possibilities.
The PROVIDER undertakes to act with the greatest diligence and attention as possible and proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the training course is suspended, by virtue of special instructions required.
Consequently, the PROVIDER will be contractually obliged to offer access (24/24 hours) and weekly (7/7 days), and conditioned to be able to guarantee its services given the conditions of supply (subsequent performance of the network).
The PROVIDER reserves the right to interrupt the training course through its server, in order to carry out essential maintenance, to improve the performance of the network, or for any other operational reason in relation to maintenance.
The PROVIDER, without affecting any of its rights and responsibilities, will inform the USER, within a reasonable period of time, of the date on which it intends to carry out the maintenance.
The USER acknowledges that the training may not be available in the event that the same is unable or is unable to access the Internet or this website. The PROVIDER will not be responsible for the inability of the USER to access the training, under these circumstances.
In particular, it is the USER who must maintain his own protection against viruses, as well as the updated version of his browser. The PROVIDER will not be responsible for any virus transmitted through its website.
In the same way, the PROVIDER disclaims any responsibility for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, the PROVIDER applies the appropriate means to prevent illegal intrusions. The PROVIDER will not be in any case responsible for the damages related to it, such as loss of operation, loss of profit, loss of value, damages or expenses.
The PROVIDER undertakes to exercise due diligence and care its offer, providing a quality service, in accordance with normal practices in the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.
If the training established by the USER is suspended following a decision of a competent authority, the PROVIDER will reimburse or offer a credit valid for one year, equal to the amount of said training offer.
The Parties agree that the PROVIDER has the right to modify the services without prior notice.
After-sales services
The PROVIDER undertakes to provide the USER with the necessary help with regard to the training acquired. client can contact the PROVIDER for any request related to the training in: [email protected].
No prolonged use of the website
The PROVIDER reserves the right to delete the information related to the USER, in case of prolonged non-use of these services, corresponding to a period of more than 40 days.
Obligations and responsibility of the client
The USER expressly accepts having verified the compatibility between his demand and the offer of services and fully acknowledges the receipt of all the necessary information and advice from the PROVIDER, so that this agreement can enter into force with the knowledge and binding certainty.
The USER undertakes to verify the identity of the STUDENT, if applicable, before his appointment in the training of the PROVIDER.
The USER guarantees to act within his exclusive responsibility if, as a result of access to the training course, it is not carried out in accordance with what can be considered reasonable acts of use made by the STUDENT, who is available for access and password and who does not respect the general guide and instructions for the correct use, initially supplied by the PROVIDER.
The USER, if applicable, must inform the STUDENT about these terms and will be responsible with respect to this matter.
The parties relevant to the contract also recognize that the PROVIDER has the ability to modify with total transparency the provision of the service without the need to carry out any prior communication procedure, other than to inform the USER that the level of provision of services already provided, will be adjusted.
The USER acknowledges being informed of the provisions of the regulations relating to security (protection or physical security) and operational safety. The USER will be solely responsible for the consequences of non- compliance with these rules and these Terms.
8. Price and term of validity of the offer
The prices indicated for each service do not include Value Added Tax (VAT) or other taxes that may be applicable that will be calculated at the time of contracting. These prices, unless expressly stated otherwise, do not include any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you can check online all the details of the budget: training courses, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of the service or not.
Any payment made to the PROVIDER entails the issuance of a receipt justifying the payment in the name of the registered USER or the company name that he has informed at the time of placing the order. In case you want to receive the invoice by email, you must request it by any of the means that the PROVIDER puts at your disposal, informing you that at any time you can revoke said decision.
For any information about the order, the USER may contact through the customer service telephone number of the PROVIDER +34 951572786 or via email to the address [email protected].
9. Payment methods, charges and discounts
The PROVIDER is responsible for economic transactions and enables the following ways to make the payment of an order:
- Paypal: the User will be directed to the PayPal page to make the payment securely through the account that the User has open. PayPal sends the User a receipt justifying the operation. PayPal protects your financial information with industry-leading security and fraud prevention systems. When using PayPal, financial information is never shared with the seller.
Once the payment is complete, the transaction receipt will be sent to you by email.
You can consult the privacy policy of PayPal at the following link: https://www.paypal.com/es/webapps/mpp/ua/privacy-full - Stripe: Platform to manage payments from online stores. The payment is integrated within the sales platform itself maintaining the style and structure of the online store without having to abandon it. STRIPE is a platform with the highest level of PCI (Payment Card Industry) compliance. You are certified as a PCI Level 1 service provider, the strictest level of certification. For more information on Stripe’s privacy policy, please visit https://stripe.com/es/privacy
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder of the card or cards.
10. Purchase process
Basket (budget simulation)
There are two types of courses:
- Open courses: available immediately, they do not need the approval of the Provider to be hired.
- Closed courses: they are not available immediately and the USER must contact the Provider to request information and wait for it to give the go-ahead to be able to register and activate the course.
The courses that the USER can contract directly in this process will be the “Open Courses”. Any of them can be added to the basket. In this, only the selected courses, the quantity, the price and the total amount will be observed. Once the basket is saved, taxes and coupons, if any, will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment from both parties.
From the basket you can place an order indicating the personal and billing data or accessing the USER account if you are registered, choosing the payment method and making it. On the same screen you can include, if you have it, a discount coupon.
Once the order has been processed, the system instantly sends an email to the MANAGEMENT DEPARTMENT OF THE PROVIDER and another to the USER’s email confirming the completion of the order.
In case of disputes regarding the nature of the PROVIDER’s services or the USER’s use of the website, the information stored on the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between both parties.
Orders (purchase requisitions)
In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order, as well as the additional requirements that must be met to complete the purchase process.
Service activation procedure (access to training)
The USER will receive their access data (username/password). Access to online training, granted by the PROVIDER, is strictly private. The transmission of access data (username/password) to a third party is strictly prohibited. The USER agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties in any form. If the USER is a company and if the student leaves the company, the USER undertakes to deactivate his account or contact the PROVIDER to eliminate obsolete profiles, in the same way that the USER expressly undertakes to pay for any registration initiated by the designated Student.
The USER agrees to follow the training diligently. As part of the evaluation, in order to complete the training, the USER expressly agrees not to benefit from any help or assistance from any other person. In the same way, the PROVIDER asks each USER to commit to this fact before each task.
Validation of training
The training is validated when the STUDENT has passed all the evaluations that are presented to him in the development of the course. A diploma of validation of the knowledge acquired in the case of the realization of open courses will be sent to the USER. In the case of closed courses, the diplomas will be sent to the USER who has contracted the service. The maximum delivery time will be 24 working hours from the completion of the course.
11. Dissociation and suspension or termination of the contract
If any of these terms and conditions are held to be unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follows any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or use policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, faculty or remedy that may be available to the PROVIDER.
12. Applicable law and jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information see clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.