TERMS AND CONDITIONS
This contractual document shall govern the procurement of services through the website usacademy.es, property of USAcademy S.L. under the trademark of USAcademy.
Acceptance of this document implies that the Customer:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions are valid for an indefinite period of time and apply to all contracts made through the USAcademy website.
The contents of these terms and conditions of contract, as well as any information contained in this website, are subject to being changed and updated without notice. These modifications take effect as soon as the updated terms and conditions are published on the website. The Customer/Student shall be subject to the terms and conditions in force at the time of registering for/purchasing from the website.
Identity of the contracting parties
This contract is entered into by USAcademy S.L., the supplier of the goods or services contracted by the Customer, hereinafter USAcademy, with registered office Avda. Puente Cultural, 5 – Portal A Piso 2 Puerta 8 28702 San Sebastián de los Reyes (Madrid), TIN [[NIF]], telephone 644717986 and e-mail firstname.lastname@example.org.
And on the other hand by the Client, registered on the website by means of a user name and password, for which they have full responsibility of use and guard, and is responsible for the truthfulness of the personal data given to the USAcademy.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between USAcademy and the Customer, which arises when the Customer accepts by ticking the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery of a specific service in exchange for a certain price which is publicly displayed on the website.
Within the framework of these terms and conditions as well as those on USAcademy’s website, the following words are defined as follows:
- Customer: The party contracting with USAcademy. The Customer can be a private individual, an adult over the age of 18, or a legal entity.
- Student: Private individual designated by the Customer in USAcademy as the beneficiary of the USAcademy’s on-line courses. The student can themselves be the Customer if they are of legal age.
- Website: virtual learning platform made available to the Customer/Student by USAcademy, within the framework of these terms and conditions. The URL dedicated to this website is as follows: ……………………………………………… This website is the property of USAcademy S.L., (registered in the Spanish Commercial Register under reference number ………………………….. and is located at Avda. Puente Cultural, 5 – Portal A Piso 2 Puerta 8 28702 San Sebastián de los Reyes (Madrid).
- Training: distance learning tool provided to the learner by USAcademy.
The Customer/Student selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to communicate to USAcademy their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. Obligations and liability of USAcademy
8. Customer obligations and liability
9. Validation of training
10. Financial provisions
12. Intellectual property
13. Protection of personal data
15. Suspension or termination of the contract
16. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, access to the service shall imply acceptance by the Client/Student of all these legal conditions. Any condition not expressly accepted in advance and in writing by USAcademy will not result in a grant of appeal against USAcademy, regardless of when or at what particular point in time any knowledge or commercial significance may reach the party.
All the paragraphs that make up this contract are relevant even if they are not applicable. It is also not possible to selectively interpret or oppose a clause without giving rise to a waiver by USAcademy, taking into account the conditional clauses that constitute the agreement mentioned below (null and void conditions).
USAcademy does not send any proof of order until payment has been verified.
As the order does not involve the physical delivery of any product, but rather a service downloaded directly from the website, USAcademy will inform the Customer/Student in advance of the steps to follow in order to use or download the service
3. RIGHT OF WITHDRAWAL
The Customer/Student has the same rights and period to return and/or report possible flaws or defects in the product or service online as they do offline.
If the Customer/Student is a natural person, in accordance with Regulation 6 of the European Communities (Protection of consumers in respect of distance contracts) Regulation 2001, the Customer/Student benefits from a period of 14 working days to cancel the contract entered by means of distance communication, without a given reason, and, if the Customer/Student makes use of this right of cancellation, they will not incur any charge or penalty. Subject to this provision, the 14-day period shall commence on the day the Client/Student accepts these terms and conditions.
Unless otherwise agreed between USAcademy and the Customer, the Customer may not exercise the right of revocation referred to in this paragraph once the training has begun.
USAcademy highlights that this right does not apply to a legal entity.
Any claim that the Customer/Student deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
In the event of a claim or dispute of any kind, USAcademy and the Customer/Student agree to attempt to resolve the complaint or dispute amicably.
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the Customer/Student and USAcademy, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
USAcademy shall not be liable for any breach due to unforeseen circumstances or situations beyond USAcademy’s control, including but not limited to cases of force majeure, riots, seizures, actions of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transport, facilities, fuel, energy, labour or materials.
In case of delay, USAcademy may be relieved of its tasks, in that it is delayed or prevented by such causes, during the entire period of time in question.
The Customer/Student may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The Customer/Student declares to have read, understood and accepted these General Terms and Conditions in their entirety.
7. OBLIGATIONS AND LIABILITIES OF USAcademy
7.1 Continuity and consistency of service
USAcademy expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, and commits to complying with its obligation as a service provider to the best of its ability.
USAcademy commits to act with the greatest possible diligence and care and to proceed to provide a quality service in accordance with generally recognised practices: except in the hypothetical case where the service is suspended, by virtue of required special instructions.
Consequently, USAcademy will be contractually obliged to offer 24/7 access, on the condition that it is able to guarantee its services given the supply conditions (subsequent network performance).
USAcademy reserves the right to disrupt service through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason connected to maintenance.
USAcademy promises to inform the Customer/Student, giving them reasonable notice, of the date it intends to carry out maintenance, without affecting its rights and liabilities, so that the Customer/Student may make other arrangements.
The Customer/Student acknowledges that training may not be available if they are unable or incapable of accessing the Internet or this website. USAcademy will not be liable for the customer’s inability to access the training, under these circumstances.
In particular, it is the Customer/Student who must keep their own virus protection, as well as the version of their browser up to date. USAcademy will not be liable for any viruses transmitted through its website.
Similarly, USAcademy cannot be held liable for unauthorised access to computer systems, or for the damage to any data as a result thereof. However, USAcademy will carry out the appropriate measures to prevent hacking. USAcademy shall in no event be liable for any damages related to hacking, such as loss of operation, loss of profit, loss of value, damage or expense.
7.2. Quality of Service
USAcademy commits to exercising due diligence and care in its offer, providing a quality service, in accordance with the normal practices of the sector, subject to the interruption of the provided services explicitly at the request of the administrative authorities.
If the training course started by the Customer/Student is suspended following a decision of a competent authority, USAcademy shall reimburse the Customer or offer them a voucher valid for one year, equal to the amount of the relevant training course.
Both Parties agree that USAcademy has the right to modify the services without notice.
7.3. After-sales service
USAcademy is committed to providing the Customer with the necessary support with regard to the training course purchased on-line. The customer can contact USAcademy for any request related to the training course in: email@example.com.
7.4. No extended use of the website
USAcademy reserves the right to delete information concerning the Customer in the event of prolonged non-use of these services, that is during a period of more than 40 days.
8. OBLIGATIONS AND LIABILITIES OF THE CUSTOMER
The Customer/Student expressly agrees to have verified the compatibility between their request and the offer of services and fully acknowledges the receipt of all necessary information and advice from USAcademy, so that this agreement may enter into force with binding knowledge and certainty.
The Customer agrees to verify the identity of the student, prior to signing them up for USAcademy.
The Customer guarantees to act within his exclusive responsibility, as a consequence of the access to the service. The Customer will be liable if the Student who has access and a password carries out acts that could be seen as improper and who does not respect the general guidelines and instructions for correct use initially provided by USAcademy.
If these conditions are met, the Customer shall inform the student of these terms and shall be responsible regarding this matter.
The relevant parties in the contract also acknowledge that USAcademy is able to modify with complete transparency the provision of the service without the need for any prior communication, other than to inform the Customer/Student that the level of service already provided will be adjusted.
The Customer/Student confirms that they will be informed of the provisions of the regulations relating to safety (safety or security) and operational security. The Customer/Student shall be solely liable for the consequences of any breach of these rules and these Terms.
8.2. Training development
The Customer/Student commits to checking that they have met the necessary conditions before attending the training course. The platform is accessed directly from a computer connected to the Internet. USAcademy is not liable in case of absence or failure of this connection.
The Customer/Student will receive their login details (user name/password) from USAcademy. Access to on-line training, granted by USAcademy, is strictly private. Transferring login details (user name/password) to a third party is strictly forbidden. The Customer/Student agrees that they will not under any circumstances, whether free of charge or for a fee, give access to third parties in any form whatsoever. If the customer is a company and if the student leaves the company, the customer agrees to deactivate their account, or to contact USAcademy to remove obsolete profiles.
The Customer/Student agrees to follow the training course diligently. As part of the evaluation, in order to complete the training, the Customer/Student expressly accepts the fact that they will not benefit from any help or assistance from any other person. Likewise, USAcademy asks each Customer/Student to undertake this obligation before each task.
8.3. Customer liability to the Customer/Student
The Customer, by creating a Customer/Student profile on the website, expressly agrees to pay for any registration initiated by the designated Customer/Student.
9. VALIDATING THE TRAINING COURSE
The training course is validated when the student has passed all the evaluations presented in the course development. In this case, a diploma validating the acquired knowledge will be sent to the Customer/Student.
10. FINANCIAL DISPOSITIONS
10.1. Prices and invoicing
USAcademy is committed to displaying its courses prices in the most transparent manner. The applicable prices are those shown on the website at the time of ordering. The prices are expressed in Euro and do not include taxes. They may be changed at any time without prior notice.
All orders are to be placed in Euro and paid in Euro. The customer is solely responsible for the payment of invoices addressed to them. All training fees are to be paid at the beginning of the course.
10.2. Payment methods
When paying for courses, the customer can only pay with their bank card. All payments must be made at the same time and at the time of purchasing the course. Bank cards we accept are VISA, MASTERCARD and AMERICAN EXPRESS. The Customer warrants to USAcademy that it has all the rights to use this form of payment when validating the order. The Customer acknowledges that by filling in the appropriate fields, payment information is provided with your full acceptance to make this payment to USAcademy, for the entire amount due.
When purchasing a training course on the website, the Customer/Student is redirected to the entity in charge of the payment gateway (Paypal, Stripe or Redsys – Santander bank POS) At this stage, the Customer/Student will be asked to fill in the corresponding fields with their bank card number, expiry date and security code. The various stages of the payment process are fully encrypted and protected. Order-related information and card number do not circulate unencrypted on the Internet. The card number is not printed on documents, invoices, credit card receipts or other documents with proof of purchase. In addition, USAcademy will never have access to Customer/Student payment information. The payment gateway does not save the card numbers once the payment transaction has been transmitted to USAcademy.
10.3. Ordering process and confirmation
Registration can only be done on-line through the website. Registration for a training course on behalf of the customer constitutes an irrevocable act of acceptance of these conditions and can only be challenged in the limited cases provided for in this contract of conformity. Consequently, USAcademy can in no case be liable for the non-execution or poor execution of the services contracted, due to the entry of data from a particular customer.
10.4. Acknowledgement of receipt
The receipt is sent to the customer as soon as the order has been processed. It is legally binding proof of the order when combined with the original invoice.
In case of disputes concerning the nature of USAcademy’s services or the Customer/Student’s use of the website, the information stored on the electronic payment device and in the framework of the automated information collection by USAcademy may be used as evidence between both parties.
USAcademy may, under certain circumstances, use printed trade documentation resulting from specialised publications or trade fairs for advertising. The Customer/Student’s name and/or opinion may be used by USAcademy for advertising purposes, but with the express permission of the Customer/Student.
12. INTELLECTUAL PROPERTY
The Customer/Student is not permitted to transfer, change or exchange the license rights and obligations of this agreement in any way, except that the form and content may be altered under the condition that the changes are pre-arranged in writing with USAcademy. However, any transfer of ownership from USAcademy to the Customer/Student is expressly excluded in this contract or terms and conditions of sale.
USAcademy S.L. is the Controller of the Customer/Student’s personal data and informs him/her that these data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), providing the following information on the processing:
Purpose of data processing
To supply remote training via the USAcademy platform.
In addition to the data collected during registration, the system may record other data that will allow it to offer the Customer/Student tools that are important for providing a quality service such as login data, connection time of students, etc.
USAcademy uses a secure payment system to protect the Customer/Student’s payment information and guarantees that they will never collect or access payment information.
Planned processing operations
- The sending of important notices, such as communications about purchases and changes to the terms, conditions and policies of USAcademy.
- Since this information is essential for your interaction with USAcademy, the Customer/Student may not opt-out of receiving these communications.
- The sending of commercial communications related to new courses and news by email, fax, SMS, MMS, social networks or any other present or future electronic or physical means that makes it possible to carry out commercial communications.
- Processing orders, queries or any type of request made by the Customer/Student through any of the available contact methods.
- Conducting statistical studies.
- Sending the website newsletter.
Data retention criteria
Data shall be retained while there is a mutual interest in maintaining the purpose of processing and when such purpose is no longer necessary, the data shall be erased with the appropriate security measures to ensure the pseudonymisation of the data or the complete destruction of them.
Personal data will not be disclosed to third parties, except where required by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence, national security or other matters of public importance.
Rights of the Customer/Student
- The right to withdraw consent at any time without this affecting the lawfulness of the processing carried out up to this point.
- The right of access, rectification and erasure of your data and the restriction or objection to their processing.
- The right to file a claim with the Spanish Supervisory Authority (www.aepd.es) if you consider that the processing does not comply with the current legislation.
- Contact information to exercise the rights
- Postal address: USAcademy S.L.. Avda. Puente Cultural, 5 Portal A Piso 2 Puerta 8 – 28702 San Sebastián de los Reyes (Madrid). E-mail: firstname.lastname@example.org
- Email: email@example.com
Compulsory or optional nature of the information provided by the Customer/Student
The Customer/Student guarantees that the personal data they provide to USAcademy is correct. They are also responsible for communicating any changes to them. In the event that not all of the data is provided, there is no guarantee that the information and services provided will be completely adapted to the User’s needs.
That in accordance with the provisions of the current regulations on the protection of personal data, USAcademy is complying with all the provisions of the GDPR regulations for processing the personal data for which they are responsible, and is manifestly complying with the principles described in Article 5 of the GDPR, by which they are processed in a lawful, fair and transparent manner in relation to the Customer/Student and appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
USAcademy guarantees that all appropriate technical and organisational policies have been implemented to apply the security measures established by the GDPR in order to protect the rights and freedoms of Customers/Students, and has communicated the appropriate information for them to be able to exercise their rights and freedoms.
USAcademy uses current standard technology to maintain confidentiality and protect Customer/Student personal information and has taken appropriate precautions to safeguard information against loss, theft, misuse, and unauthorised access and disclosure.
USAcademy is subject to regular security assessments in order to improve its security. However, it cannot guarantee that Customer/Student information will be kept secure from unauthorised access. As a result, USAcademy shall not be liable or legally responsible for any loss of privacy, disclosure of information, damage or injury that may result from such intrusion.
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
15. SUSPENSION OR TERMINATION OF CONTRACT
USAcademy may without prior notice suspend or terminate the Customers’/Students’ access to its services and training, in whole or in part, for any valid reason, including, without limitation, where:
The Customer/Student fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or user policy. If for any reason USAcademy suspends or discontinues the Service or is unable to provide a Service (or any part thereof) for the Customer/Student.
When USAcademy exercises any of their rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to USAcademy.
16. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. USAcademy and the Customer/Student agree to submit any dispute that may arise from the provision of the services subject to these Conditions to the courts and tribunals of the Customer/Student’s domicile.