Terms of Use

LEGAL NOTICE AND TERMS AND CONDITIONS OF CONTRACT

October 2016

  • In compliance with the obligations established in the Spanish Law 34/2002, of July 11, on Services of the Association for the Electronic Information and Commerce (LSSI), please note the following information: The owner of the website http://www.mindway.edu.es/ (hereinafter, the “Main Website”) as well as the specific websites of each of the courses offered by us at any time ( hereinafter, the “Specific Websites”) is the company Mindway Ecosystem SL (hereinafter, “Mindway“) with Tax ID number: B-85190734 and with registered office at C / María de Molina, 27. Madrid (Spain). Postal Code: 28006 Madrid. Mindway is registered in the Commercial Registry of Madrid, in Volume 24844, Folio 199, Section 8 and Sheet number M 447204. You can contact us through the contact form available on our Website, or by phone at +34 91 126 56 11.
  • Hereinafter, the Main Website and the Specific Websites will be referred to collectively as the “Website“.

PURPOSE AND SCOPE

  • These general conditions (hereinafter the “Conditions“) govern the access, browsing and use of the Website by the user (hereinafter, the “User” or “you“), as well as the enrolling and use of the virtual campus services available at http://www.mindway.edu.es/campus/ (hereinafter, the “Services”) and the purchase or access and use of the contents made available to you via the Website or the Services (hereinafter, the “Contents“). The use of certain services offered on the website will also be governed by the particular terms and conditions set out for each case. These particular terms and conditions shall complement or, if contrary to the provisions hereunder, substitute the content of these Terms and Conditions, which must be accepted by the User before the corresponding services may begin to be provided.
  • By accessing the Website or using the Services, you confirm that you have read and accepted these Conditions in full and without any reservation. If you do not agree to these Terms and Conditions or to any part or clause thereof, you must immediately refrain from accessing and using the Website or the Services.
  • The start date of these Conditions indicates the last revision date of these Conditions, being in force from its publication.
  • Furthermore, with regard to the collection and use of personal data, the Privacy Policy below shall apply.

AUTHORISED USE

  • The services are intended for individuals above the age of 18 years. If you accept these Terms and Conditions, you declare that you are over the age of 18 and fully capable of assuming and complying with the provisions of these Terms and Conditions. If you are under the age of 18, please do not access or use our Services.
  • In certain cases, the Services are intended for people who meet certain academic or other conditions, which will be required on the Website as appropriate.  If you request these Services, you declare that you comply with these conditions. Furthermore, Mindway shall be authorised to review your compliance with such conditions, and shall cancel your application or terminate your registration to the Services if you fail to comply with them.
  • The User is authorised to access and use the Services and the Content only in accordance with these Terms and Conditions. You hereby undertake to use the Services and the Content in good faith and in a respectful, appropriate and lawful manner and not to use them negligently, for fraudulent purposes or in an illegal manner.
  • The User shall refrain from interfering in the operation of the Services, in particular, using false identities, impersonating another user or person, carrying out advertising, promotional or commercial exploitation activities through the Services or using the Services for any purpose that go beyond the foreseeable and/or reasonable use of the Services. Likewise, the User undertakes not to perform any act that damages, renders or overloads, deteriorates or prevents the normal use of the Website, which affects his/her safety or that hinders or interferes with the same. Access by robots, spiders or any other device, program, mobile application or tool to access, copy or control any part of the Website that is contrary to normal exploitation or that unjustifiably limits the interests of Mindway, without express authorization by part of Mindway. It is forbidden to obtain or try to obtain the Contents using means or techniques different from those that suppose the habitual form of use or those expressly authorized by Mindway. The User undertakes not to carry out any conduct that could damage the image, interests and rights of Mindway, other Users or third parties.
  • The User shall be responsible for ensuring, prior to using the services, that these are appropriate to his or her needs and that the User has the necessary requirements, equipment and software for that purpose. Accordingly, the User shall bear all necessary costs to use the Services.
  • Where the User must access the Services through a registration process or similar, the User hereby undertakes to provide all the mandatory information necessary in order to complete the registration process. The User shall be liable for providing accurate, complete and updated information. The User shall be liable for keeping this information updated in the manner deemed appropriate.
  • The User must safeguard his or her password as confidential and not disclose it to others. Furthermore, the User must not publish, distribute or divulge his or her password. The User should never allow other users or third parties to use his or her user account (hereinafter, the ‘User Account’) or the account of another user.
  • The User is liable for whatever occurs from his or her User Account on any device. If the User suspects that a third party is using his or her User Account, he or she must notify Mindway immediately.
  • For registration purposes, if the User provides a valid email address, the User thereby agrees to receive notices regarding the Services via that email address.
  • The rights granted to the User under these Terms and Conditions are personal and may not be partially or completely transferred to third parties by any means, without the prior express consent of Mindway in writing.
  • The sale, resale or any similar use of the Services or the Content is not authorised under any circumstance and shall give rise to the immediate termination of the Services.
  • In order to guarantee that the activities and Program organised by Mindway are carried out properly, it is imperative to follow the community rules. If you fail to follow these rules, Mindway may cancel the provision of the Services. These rules include, but are not limited to, the following principles:
    • Showing respect to the teaching team and to the members of the Mindway organization, as well as to the rest of the students and participants in the courses and activities organized by Mindway.
    • Refraining from performing any act or manifestation that disturbs the order and normal development of courses or activities organized by Mindway.
    • Refraining from taking photographs and record in the course of conferences, courses and activities of any kind.

USE OF THE SERVICES

  • Upon using the Services, the User may store, edit and share files, information, opinions and contents (hereinafter, the “User Content“) through his/her User Account. The User is the sole and exclusive responsible for the aforementioned User Content and her/his actions using his/her User Account.
  • On certain cases, when providing User Content, the User may decide to make it public for other Users or to keep it private. The User hereby accepts that, when providing User Content through his or her User Account, in accordance with the terms and conditions provided for each case, the Content shall be made public to other users, and assumes sole responsibility for anything resulting from such publication.
  • Upon providing any User Content via his or her User Account, the User declares that he or she is the legitimate owner of the intellectual property rights, or otherwise, regarding that User Content, having obtained all kind of authorisations, licences, permits and consents; or having assured him- or herself that the User Content provided is ‘free of rights’ and without any applicable duty of confidentiality.

RESTRICTIONS ON PUBLISHING USER CONTENT:

  • Without any limitation, it is prohibited to include User Content that:
    • is unlawful, contrary to morality or public order or that constitutes unlawful activity or the violation of good faith principles;
    • the User is not authorised to share, having not been authorised by the owner of the rights or not being part of the public domain
    • violates the provisions of these Terms and Conditions;
    • infringes the rights of third parties; does not meet on-line courtesy standards; bothers or may give rise to negative opinions among other users or third parties; and that, in general, Mindway deems inappropriate for users;
    • infringes the rights of third parties; does not meet on-line courtesy standards; bothers or may give rise to negative opinions among other users or third parties; and that, in general, Mindway deems inappropriate for users;
    • Mindway does not support, guarantee or authorise any User Content or any opinion, recommendation, or advice expressed in relation thereto, expressly excluding any liability relating to any User Content.
    • If you wish to pose any query about the User Content; or believe that it infringes any right, does not comply with these Terms and Conditions or is inappropriate, you may contact us using the contact form available on our Website.
    • Even though Mindway is not obliged to monitor, in general, the User Content, Mindway may amend or erase, at any time, all or part of any User Content it deems to fail to meet these Terms and Conditions or be offensive, illegal or in violation of the rights of third parties.

RIGHT OF EXCLUSION

  • Mindway hereby reserves the right to decline or withdraw access to the Website and the Services, without prior notice and at its own discretion or at the request of a third party, from Users who fail to adhere to, or are suspected of failing to adhering to, these Terms and Conditions.

INTELLECTUAL PROPERTY

  • The intellectual property rights of the Website, its source code, design, browsing structure, databases and other items found therein (including brands, images, sounds, audio files, videos, software and texts), the Services, the Program and the Content are owned by Mindway and its licensors.
  • Mindway acknowledges the exclusive ownership of any intellectual property rights over third-party products and services mentioned on the Website. The simple mention or appearance of such products and services on the Website does not imply the existence of any rights or liabilities that Mindway may have over them, or any guarantee, sponsorship and/or recommendation by Mindway in relation thereto.
  • Unless expressly authorised under these Terms and Conditions, the Contents or any item pertaining to the Website, the Program or the Services may not be fully or partially copied, distributed, publicly disclosed or transformed on any medium or by any technical means. If you violate the foregoing provisions, you will be infringing, and liable for infringing, the intellectual property rights of Mindway and its licensors, who may take the measures set out in applicable regulations to suppress the related infraction and, if appropriate, receive compensation for any damages caused.
  • The User hereby undertakes to respect the intellectual property rights owned by, or licensed to, Mindway. The User may view the elements of the various Contents on the Website and print, copy and store them on the hard drive of his or her computer or device or on any other physical medium, provided that he or she does so solely and exclusively for his or her own personal (non-commercial) use. The User must refrain from removing, altering, bypassing or manipulating any protective device or security system in place to protect the Services or the Contents.

IMAGE RIGHTS

  • A core aspect of Mindway’s training endeavours involves the possibility that Mindway students may access videos relating to the activities and the Program it carries out via the virtual campus, in order to enhance the knowledge and skills they acquire. Furthermore, some activities are recorded, photographed and subsequently divulged in order to promote and inform about the activities carried out by Mindway.
  • This means that Mindway may record the activities and courses it organises. Therefore, if you take part in activities organised by Mindway, unless otherwise agreed with Mindway, you hereby agree that your image may be recorded during such any activities, and that any such recordings may be used for the purposes described in the foregoing paragraph.

TERMS AND CONDITIONS FOR ENROLLMENT

  • On the Website, you may enrol and reserve a participation in the Program. The Program’s description, terms and conditions, and features are offered on the Website at all times.
  • Upon completing the enrolment application form, the User shall receive an email to confirm his or her enrolment in the Program, with instructions on how to pay for the Program’s price.
  • After receiving the enrolment confirmation email, you must send us a copy of your payment confirmation or, where appropriate, your completed and signed card payment authorisation to the email address indicated for each case.
  • Upon making the first and only payment and prior to starting the course, Mindway shall send you an email confirming its receipt of your payment confirmation and the information of the course in which you have enrolled and reserved a participation. Prior to this moment, your participation in the course will not be considered reserved, provided that you have made only an application. We may decline your application (i) if you do not meet the conditions set out in these Terms and Conditions or those indicated specifically for the Program; (ii) if an error has occurred in the description or price of the service being offered; or (iii) if the available seats in the course have already been filled.
  • The courses may require the enrolment of a minimum number of students or any other condition that will be mentioned on the Website at all times. In these cases, the enrolment transaction shall be subject to this final condition, which may lead to the termination of the related agreement if unmet. In this case, Mindway shall refund any amounts you have paid.
  • You can also purchase several books and digital content, which we put on sale in our Bookshop ( http://www.mindway.edu.es/es/bookshop/ ).

PRICE AND PAYMENT

  • The price of the Services or of the books and digital contents will be that indicated on the Website at any time, including taxes and costs applicable in each case.
  • You may pay this amount with debit/credit card or via bank transfer. If you pay with card, your payment shall be processed by third-party payment service providers. If you pay via bank transfer, you must submit the related proof of payment as previously mentioned.

RIGHT OF WITHDRAWAL

  • With regards to reserving a participation in the Program, once the User has enrolled and made payment in the manner described in these Terms and Conditions, the Service shall be considered provided, as his or her participation is confirmed to be reserved and the Program shall be held if available spaces are confirmed to be filled. Therefore, no right of withdrawal shall apply and the cancelation and referral policies below shall apply. If the User wishes to cancel his/her reservation, a 10% penalty will be applied to the total price of the course in the event that said cancellation is made up to 15 days before the course, so the amount paid will be returned less 10% on the total price of the course. If the cancellation is made after the 15 days prior to the celebration of the course, a 100% penalty will be applied and no amount will be returned to the User.
  • Regarding the books or digital contents available in our Bookshop ( http://www.mindway.edu.es/es/bookshop/ ), once the user accepts these contracting and cancellation conditions, the download will begin of digital content, so that the User accepts and consents to the loss his right of withdrawal.

EXCLUSION OF GUARANTEES AND LIABILITIES

  • Mindway does not guarantee that there will not be any interruptions or errors when accessing the Website, in the Services or in their Content. Furthermore, it does not guarantee their reliability, exactness, accuracy or usefulness for any specific purpose or activity. However, it shall put forth its best effort to, where appropriate, avoid, correct or update any such interruptions or errors. To the extent provided by applicable regulations, Mindway declines any liability for damages of any nature that may result from the circumstances previously mentioned.
  • Without limitation, Mindway is not responsible for any damages that may arise from:
    • interruptions, viruses, outages, interferences, omissions or disconnections in electronic systems, the communications systems or its equipment for reasons beyond Mindway’s control;
    • Delays or blockages in the use of the Website or the Services, or overloads on the Internet, on lines or in electrical or communications systems.
    • Actions taken by third-parties.
    • failure to access the Website or the Services due to maintenance or updating tasks;
    • Any other case beyond the control of Mindway.
  • Except in cases of willful misconduct or where current legislation provides that liability cannot be limited by agreement as a result of the particular circumstances of the User or the Content, the Website and the Services are used entirely at the sole risk of the User. Mindway shall not be responsible for any damages of any nature caused to the User for this reason. Mindway is not responsible for any improper use, misuse or any use contrary to these Terms and Conditions on the part of Users.
  • The User shall be responsible for any damages caused to Mindway as a result of his or her use of the Website and the Services by failing to adhere to these Terms and Conditions. The User undertakes to hold Mindway and its directors, staff, agents and representatives harmless from any liability to which they may be subject as a result of the User’s failure to comply with these Terms and Conditions.
  • The unauthorised use or resale of the information found on the Website, as well as any breach of the intellectual property rights of Mindway may result in the relevant legal action being taken.
  • In regard to any User Content, Mindway acts exclusively as the provider of the service that consists of enabling the Website or the Service so that Users may store and publish this User Content. Any information, data, texts, photographs or any other material included in the User Content that is stored or published via the Website or the Services is the sole responsibility of the User who stores or publishes it, except in cases expressly provided by law.

AMENDMENTS

  • Mindway reserves the right to make, at any time and with no need for prior notice, any modifications and updates of the information on its website, of the configuration and display thereof and of the conditions of access.

GENERAL ASPECTS

  • If any of the provisions in these Terms and Conditions is declared invalid, it shall be removed or replaced. In any event, other provisions found in this Terms and Conditions shall not be affected if one is declared invalid.
  • These general Terms and Conditions are governed by Spanish law.