General Conditions of Use and Contracting of Courses
DEFINITION OF CONTRACTUAL DOCUMENTS AND ACCEPTANCE
These general conditions (hereinafter, the "General Conditions") regulate the contract established between TESTONIA 2023, S.C.P., with address at Enric Prat de la Riba, 4 Entresuelo Porta 2 08500-Vic, CIF J56250749, and with the email address of
(hereinafter, the "CLIENT"), regarding access to our training activities, under the terms
established in these General Conditions. Only pressing the "PLACE ORDER" button located at the end of the purchase form grants you the status of USER of the service detailed above, and therefore, the status of Customer; and expresses the Client's full and unreserved acceptance of each and every one of the General
Conditions.
Commitment to communicate the technical and legal specifications, and inform the CUSTOMER of its modifications, as well as the commitment and acceptance by the CLIENT.
THE CLIENT understands that the information contained in the “Terms and conditions” section of http://www.testonia.com, both in reference to the specifications of the services provided, as well as the general conditions of contracting and perfection of the contract, are sufficient and sufficient for the exclusion of error in the formation of consent. However, TESTONIA 2023, S.C.P. undertakes to inform the CLIENT (through the customer service) of any other technical specification of the services, referring to the contractual relationship, upon first request by any means that leaves a record; this as long as they are available to the first. Rules relating to the formation and validity of the contract
These general contracting conditions will become part of the contract at the time of acceptance, which will be verified by clicking on the "Confirm and pay" button located at the end of the purchase form.
In the case of electronic contracting, both parties renounce the conventional signature, which will be replaced by the written justification of the contract made, in the terms established in article 5 of Law 7/1998, of April 13, which regulates the Conditions General Contracting. The contract will be effective, will have full effects and will generate the obligation, on the part of TESTONIA 2023, S.C.P., to provide the CLIENT with the access service to the corresponding course, from the moment the payment is made, provided that the training activity has begun as described in the corresponding Course Sheet.
OBJECT
The purpose of these general conditions is to establish the framework in which TESTONIA 2023, S.C.P. will provide the CLIENT, and the CLIENT will use, the corresponding training activity.
SERVICES
Included services
The service of access to training activities, provided through the website http://www.testonia.com, offers during the term of the contract, the teaching material that
will be permanently accessible on the network during the period of duration of the activity.
Denial of use of the Service
TESTONIA 2023, S.C.P. reserves the right to deny the use of the Service, at any time and without prior notice, to those users/clients who fail to comply with these General Conditions or the Law on Information Society Services and Electronic Commerce.
Modifications and cancellation of services
The characteristics of the Services may be modified in order to adapt them to technical evolution, as well as any technical improvement that allows the incorporation of a greater
number of features in order to improve the service.
CUSTOMER OBLIGATIONS
Remuneration
As consideration for the Service, the Client will be obliged to satisfy the price in the amount and form of payment indicated in the rate tables published by TESTONIA 2023, S.C.P. on the payment form for each plan. In the event of non-payment by the Client of any of the amounts owed to TESTONIA 2023,
S.C.P. as consideration for the Service. TESTONIA 2023, S.C.P. reserves the right to temporarily suspend it. After THIRTY (30) days have elapsed since the suspension of the service for this reason without the Client having paid the amounts owed, TESTONIA 2023, S.C.P. may permanently suspend the service, terminating the contract with the Client for reasons attributable to the Client and reserving the exercise of all relevant legal actions for the recovery of the amounts owed.
Pay
First of all, the user who visits the Website http://www.testonia.com must create an account (to have the right to access it) and where they will provide their name, surname, postal
address, etc. Once you have successfully created said account, you will receive a confirmation email from TESTONIA 2023, S.C.P.
To pay for the Course, the user will be redirected through a secure connection, provided by Paypal, in which they must enter their credit card information (becoming, at that moment, the status of “Client”). Subsequently, the Client will simultaneously receive a response from Paypal, indicating whether their authentication request is accepted or denied. The debit to the Client's account will occur if the request is accepted.
The Client will then receive an email from TESTONIA 2023, S.C.P., which will inform them that they have been successfully registered for the requested training activity.
In the event that there are errors or possible duplicate payments, the company, once the error is detected, undertakes to fully refund the amount charged erroneously, or sent erroneously by the Client.
Right of Withdrawal
Given that the product to be purchased is a training plan, of which the client has been previously informed, through the details of the syllabus and general contents, data that in
themselves inform the potential Client, and has also been able to be previously explained, and perfectly understand on the part of the Client that the service is of interest to him, it is not contemplated that it may give rise to a refund of the amount, nor to withdrawal, as long as the client has accessed the online platform and started the online session. of the contracted plan.
By exception, the Client may freely withdraw from the contract within a period of 14 days from the date of purchase of the plan through the website form
resulting in a refund of the amount previously charged to the Client, provided that The online platform has not been accessed and the online session of the training service has not started. TESTONIA 2023, S.C.P., will only accept returns in the same payment method, only for those items purchased directly through http://www.testonia.com. To request a return of all or part of the order, the customer must contact customer service, through the email
Correct use of the Services
The Client undertakes to use the Services in accordance with the law, as well as to refrain from using the Service for illicit purposes or effects, prohibited in these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Services, the computer equipment of other Clients or other Internet users (hardware and software) as well as the documents, files and all types of content stored on their computer equipment (hacking), or prevent the normal use or enjoyment of said Services, computer equipment and documents, files and contents by other Clients and other Internet
users.
Access keys
Assignment
In accordance with the technical characteristics of the Services at any time, TESTONIA 2023, S.C.P. requires the Client to use a CLIENT code (login) and a password (password) to use the Services (hereinafter, the "Access Keys"). These “Access Keys” will correspond to those that
the Client has defined at the time of creating their access account to the Website
http://www.testonia.com
Use and custody
The Client undertakes to make diligent use of the Access Codes and to keep their Access Codes secret. The Client undertakes to inform TESTONIA 2023, S.C.P. the loss or theft of said keys in the shortest period of time possible, so that TESTONIA 2023, S.C.P. deactivate them.
It is important to highlight that two sessions opened concurrently in the name of the same subscriber (by entering the username and password in each of them) from different computers will be sufficient reason to automatically unsubscribe the Client for consider that he breached
the contract. On the other hand, in any case, with each of the Access Keys you can only access a single open session per user.
COMPANY OBLIGATIONS
Service provision
TESTONIA 2023, S.C.P. undertakes to provide the Service that is the subject of this contract under the conditions established below: Obligations relating to the security and preservation of messages in relation to transactions carried out TESTONIA 2023, S.C.P. undertakes that all data transfers carried out through its URLs of
purchase pages for training activities will be carried out under a Secure Server; in such a way that the information is transmitted in encrypted form and is inaccessible to anyone else. Both parties expressly undertake to preserve all information exchanged between them, either
through the URL of TESTONIA 2023, S.C.P., http://www.testonia.com or through e-mail, as proof of the transactions. carried out.
Service guarantees
TESTONIA 2023, S.C.P. undertakes to keep the service running uninterruptedly, except in cases of force majeure or reasons beyond its control and/or control. Specifically, for the purposes of this contract, the following will be considered, in an enumerative and non-exhaustive manner: failures, defects or deficiencies in the server or in the data transmission network.
LICENSE
The content published on the website http://www.testonia.com is subject to and protected by intellectual property and industrial property rights, including copyright, designs, trademarks, domain names, patents, know-how, software. or databases. The company is the owner of all this content and the rights associated with the aforementioned website.
TESTONIA 2023, S.C.P. authorizes the Client to use the courses normally, non-exclusively and in good faith, without under any circumstances being able to extract or reuse all or a substantial part of their content, evaluated quantitatively or qualitatively, nor extract or reuse systematically. non-substantial parts of the content, provided that, due to their nature, they must be considered contrary to normal use or cause unjustified harm to TESTONIA 2023, S.C.P.
TESTONIA 2023, S.C.P. does not grant any other license or authorization of use of any kind over its intellectual property rights, industrial property rights, business secrets or any other property or right related to the Services.
NOTIFICATIONS
All notifications, modifications and communications by TESTONIA 2023, S.C.P. to the Client will be considered effective for all purposes when carried out through any of these procedures: Shipping by postal mail to the address indicated by the Client. Sending by email to any of the mailboxes that the Client designates at the time of registration
or later. For these purposes, the Client declares that all the data provided by him is true and correct, and undertakes to inform TESTONIA 2023, S.C.P. all changes related to your address, payment data and all types of information necessary for the management and maintenance of the contractual relationship between TESTONIA 2023, S.C.P. and the Client. The Client will be responsible for the veracity of their data. The Client's communications to TESTONIA 2023,
S.C.P. You must contact Customer Service at the following address:
CESSION OF RIGHTS
TESTONIA 2023, S.C.P. may assign the Contract or the rights arising from the Contract to any person or entity that may provide the Service in the future, being obliged to notify the Client in the terms provided above.
DURATION
The Contract will come into force from the date of its completion, that is, from the moment the payment has been made and will have the duration determined in each case.
TERMINATION
Causes
10.1 Withdrawal
TESTONIA 2023, S.C.P. may communicate to the Client its decision to terminate the Contract through any of the means provided above. In this case, TESTONIA 2023, S.C.P. will pay the client the proportional part of the price paid corresponding to the unfulfilled contract period.
10.1.2. Resolution
TESTONIA 2023, S.C.P. and the Client have the recognized power to terminate the Contract in the event of non-compliance with the obligations of the other party, provided that such non- compliance is not corrected within a maximum period of FIFTEEN (15) days after the written request of the other party requesting the rectification of non-compliance; unless said breach is considered insurmountable or makes compliance with this contract impossible for the complaining party, in which case the resolution may be immediate. And this, in any case, leaving aside the power of withdrawal and immediate suspension of the Service and the claim of the compensation for damages that corresponds, if applicable, to the complying party. TESTONIA 2023, S.C.P. In no case will it be liable for damages that exceed what was actually paid by the Client for the specific Service.
APPLICABLE LAW
The provision of the Services object of this Contract will be governed by Spanish legislation.
JURISDICTION
TESTONIA 2023, S.C.P. and the Client, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the user's city for any controversy that may arise from the provision of the services object of these General Conditions.
AUTOMATED PROCESSING OF PERSONAL DATA I AUTHORIZE THE PROCESSING OF MY PERSONAL DATA UNDER THE TERMS OUTLINED BELOW,
KNOWING THAT THE MERE ACCEPTANCE OF THE CONTRACT AUTHORIZES THE PROCESSING NECESSARY FOR THE PROVISION OF THE SERVICE.
Personal information
Through the Service Registration Request Form, the Client provides TESTONIA 2023, S.C.P. the
following personal data (hereinafter, the "Personal Data"):
Full name and surname.
Postal address.
Email address.
Phone number.
Tax identification number.
Once you have completed the previous form, if applicable, you must provide the financial
institution through which you make the payment for the Service the necessary data to carry
out the transaction.
Automated treatment
The Personal Data will be subject to automated processing by TESTONIA 2023, S.C.P., which for
this purpose will proceed to its incorporation into an automated file, whose ownership
corresponds to TESTONIA 2023, S.C.P., and which will comply with the requirements of the
applicable current legislation (in (hereinafter, the "Personal Data File").
Purpose
The purpose of the collection and automated processing of Personal Data consists of maintaining the relationship established in the General Conditions, in the management,
administration, provision, expansion and improvement of the Services, in the adaptation of the Services to the preferences and tastes of the Clients, in the design of new services related to the activity that is the object of TESTONIA 2023, S.C.P., in sending updates to the Services, in
order to be able to respond to requests for information, content or services requested.
Security measures
TESTONIA 2023, S.C.P. guarantees that it has adopted the appropriate basic level security measures in its facilities, systems and files, as well as the confidential treatment of Personal
Data in accordance with current applicable legislation. TESTONIA 2023, S.C.P. It also guarantees the maintenance of the confidentiality of Personal Data and its secure treatment.
However, TESTONIA 2023, S.C.P. will disclose to the competent public authorities the Personal Data and any other information that is in its possession or is accessible through its systems and is required in accordance with the legal and regulatory provisions applicable to the case.
Consent
By accepting these General Conditions, the Client expresses his express consent for his Personal Data to be incorporated into the Personal Data File and be subject to automated
processing by TESTONIA 2023, S.C.P. with the purposes indicated above. Clients' rights of access, cancellation, rectification and opposition Clients have recognized and may exercise the rights of access, cancellation, rectification and opposition in accordance with the General Data Protection Regulation E/U 679/2016 and Organic Law 3/2018 on Protection of Personal Data and Digital Rights .
To do this, they will contact TESTONIA 2023, S.C.P. sending an email from the address with which they registered to the email address
the General Data Protection Regulation E/U 679/2016 and Organic Law 3/2018 on the Protection of Personal Data and Digital Rights, a request must be made addressed to the
person responsible for the file, which will contain: Name, surname of the interested party and accreditation of personality before TESTONIA 2023, S.C.P. by sending a photocopy of the National Identity Document or any other legally valid document; petition in which the request is specified; address for notification purposes, date and signature of the applicant; documents accrediting the request you make, if applicable.
EXCLUSIVITY OF THE TRANSFER OF USE
Distribution, modification, transfer, public communication, reproduction or any other act of use of all or part of the information provided or published on http://www.testonia.com is not permitted without prior and express authorization from TESTONIA 2023. , S.C.P. Authorization for reproduction can be requested at the email address
CONTACT ADDRESSES