Terms and Conditions E-learning
General terms
These Terms and Conditions apply for the E-learning platform of the Gonzalo Roberto Raineri Bernain and oblige all users of the Website and the E-learning Platform.
Gonzalo Roberto Raineri Bernain provides users with e-learning services through a website presenting the main features of the services and an E-learning platform containing training materials in the form of developed text materials, practical tasks, interactive content, forum and tutoring exams and more.
The owner of the Website and the E-learning platform is Gonzalo Roberto Raineri Bernain, identity number: X8641109D, registered office and mailing address: Av. Navarro Reverter 8, 6A, Valencia, Spain, e-mail: [email protected], telephone: + 34625429023.
By accepting an E-learning on this Website you will be contracting with the Gonzalo Roberto Raineri Bernain and agree on these Terms and Conditions with the Gonzalo Roberto Raineri Bernain.
These Terms and Conditions in addition to the Website Terms of Use apply to the sale of e-learning courses. Please, read these Terms and Conditions carefully before purchasing an e-learning course. By subscribing to e-learning, you are confirming your agreement to be bound by these Terms and Conditions.
Ordering Procedure
1. Ordering via the Website
1.1. In order to purchase an e-learning course via the Website you must register by filling in the online form.
1.2 When you place an order for an e-learning course via the registration form, you are offering to purchase that Online Course on these Terms. The Gonzalo Roberto Raineri Bernain reserves the right to decline or cancel your order, or any part of your order.
1.3 Following receipt by Gonzalo Roberto Raineri Bernain of your order for an e-learning course you will receive an email confirming that your order has been received by us. Your offer to purchase will be subject to acceptance by Gonzalo Roberto Raineri Bernain in accordance with Clause 2.2 below.
1.4 A legally binding agreement shall not come into existence until Gonzalo Roberto Raineri Bernain has accepted your offer to purchase an e-learning course by:
(i) sending you a separate order acceptance confirmation email, which will be effective upon sending an email to the email address that you have provided, and
(ii) receiving payment for the Online Course in Gonzalo Roberto Raineri Bernain account from yourself or if applicable, your employer.
1.5 Except where Online Courses are sold together by Gonzalo Roberto Raineri Bernain in one bundle for a single price, if your order consists of multiple courses, each individual e-learning course will be treated as a separate offer to purchase.
1.6 Gonzalo Roberto Raineri Bernain reserves the right to withdraw at any time the e-learning courses advertised for sale on the Website.
II. Payment Terms
2. 1. The Fee for any Online Course at any given time will be displayed on the Website. Fees are quoted in Euro (EUR), inclusive of VAT.
2.2 If you purchase an e-learning course:
a) You will receive a payment link to execute the transaction.
b) the Fee including VAT will be shown prior to completion of the online transaction; and
c) Gonzalo Roberto Raineri Bernain will debit the Fee from your credit card or debit card on or after the day you make an order for the e-learning course. Credit or debit card details are collected over a secure link and an authorized amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in Gonzalo Roberto Raineri Bernain account. We do not make any charges for payments by credit or debit card directly.
2.3 The provision of the e-learning course is contingent upon Gonzalo Roberto Raineri Bernain having received the transaction fee at its account from you or your entity (if you select to invoice your employer) upon registration.
3. Cancellation Rights
3.1 You may cancel your order of an e-learning course up to 7 days prior to the course’s starting date. You will receive a full refund of your Fees less a 15 EUR charge to cover administration costs.
3.2. In case of cancellation notification made less than 7 days before the starting date of the e-learning course, Gonzalo Roberto Raineri Bernain is entitled to refuse to refund you and shall keep the full amount of the fee paid for the course.
3.3. As the contract is for digital content including an online course your right to cancel and obtain any refund will be lost if you access at any time the digital content of the e-learning Platform.
3.4. You must cancel your place on an Online Course pursuant to this clause by using one of the following method:
a) Emailing at: [email protected],
3.5. Gonzalo Roberto Raineri Bernain reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 3 and Clause 4 and to charge an additional fee in any such event to cover the administration costs incurred by Gonzalo Roberto Raineri Bernain. Any such additional fees will be communicated to you before you make your decision.
3.6. Your order of an e-learning course is personal to you and you will not be permitted to transfer your enrolment on an e-learning course to any other person.
4. Online Course Content and Access Terms
4.1 Please see the description of the e-learning course on the Website for details of its content.
4.2 Upon receipt of a confirmation email from Gonzalo Roberto Raineri Bernain you will be notified when you will have access to the e-learning Course purchased.
4.3. One day before the opening date of the e-learning course, you will receive your username and password credentials for the E-learning platform in order to access the course purchased.
4.4. The username and password credentials are personal to you and you may not transfer your rights to access the e-learning Platform to any other person.
5. Technical Support and Access
5.1 Gonzalo Roberto Raineri Bernain will provide technical and content support to individuals who have purchased an e-learning course in respect of the course purchased, in accordance with the provisions referred to below.
5.2 If you report a fault to Symbiotic Design Academy, we will use reasonable endeavors to provide a solution but we do not guarantee that the technical support provided will resolve your technical problems.
5.3. Gonzalo Roberto Raineri Bernain will use reasonable endeavors to make the e-learning course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Gonzalo Roberto Raineri Bernain reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
5.4. You also accept and acknowledge that Gonzalo Roberto Raineri Bernain cannot be held responsible for any delay or disruptions to your access to the e-learning course as a result of such suspension or any of the following:
a) the operation of the internet and the World Wide Web, including but not limited to viruses;
b) any firewall restrictions that have been placed on your network or the computer you are using to access the online course;
c) failures of telecommunications links and equipment; or
d) updated browser issues.
6. Warranties
6.1. Gonzalo Roberto Raineri Bernain does not make any commitment that the e-learning course will be compatible with or operate with your software or hardware.
6.2. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
7. Limitation of liability
7.1. Except as set out in these Terms, Gonzalo Roberto Raineri Bernain shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
a) indirect or consequential losses;
b) loss of income or revenue;
c) loss of business;
d) loss of anticipated savings; or
e) loss or corruption of data.
7.2. Gonzalo Roberto Raineri Bernain is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) during completion of any Online Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course, and (ii) all data that you are inputting when completing the Online Course.
7.3. Save as otherwise set out in this section "Limitation of liability", Gonzalo Roberto Raineri Bernain maximum aggregate liability to you for any claims that you may have for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
7.4. Gonzalo Roberto Raineri Bernain will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Gonzalo Roberto Raineri Bernain 's reasonable control. This condition does not affect your statutory rights.
8. Intellectual property
8.1 At all times, Gonzalo Roberto Raineri Bernain remains the owner of the intellectual property in the e-learning courses content.
8.2. In consideration of receipt by Gonzalo Roberto Raineri Bernain of the Fee, Gonzalo Roberto Raineri Bernain grants to you a non-exclusive, non-transferable licence to use the content for the sole purpose of studying and completing the online course.
8.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the online course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the online course content or create derivative works based on the whole of or any part, or which incorporate, the online course content into any software program.
9. Data protection
9.1 Gonzalo Roberto Raineri Bernain will process the information it receives from you or otherwise holds about you in accordance with these Terms and the Privacy policy. You consent to the use by Gonzalo Roberto Raineri Bernain of such information in accordance with these Terms and the Privacy Policy. Gonzalo Roberto Raineri Bernain will use such information including but not limited to:
a) deliver the e-learning course
b) perform its obligations and enforce its rights under these Terms;
c) contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
d) inform you of feedback and examination results;
e) Gonzalo Roberto Raineri Bernain may share your information with its agents and service providers for these purposes; and
f) as set out in further detail in European Compliance Center’s Privacy Policy.
9.2. Unless you contact us to request otherwise, you agree that Gonzalo Roberto Raineri Bernain may share the information you provide with its partners, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you. Some partners of the Gonzalo Roberto Raineri Bernain might be located outside the European Economic Area in countries providing a lower standard of data protection.
9.3. You have the right to receive details of the personal information held by Gonzalo Roberto Raineri Bernain. For more information, please refer to the Privacy Policy or write to [email protected] .
9.4. In the event that you do not wish to receive marketing correspondence Gonzalo Roberto Raineri Bernain, its partner or service provider, a written request or email should be sent to [email protected].
9.5. On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to Gonzalo Roberto Raineri Bernain using your information in this manner.
10. General
10.1 Gonzalo Roberto Raineri Bernain may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
10.2 Gonzalo Roberto Raineri Bernain may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
10.3 Any notices required to be served on you by Gonzalo Roberto Raineri Bernain under these Terms and Conditions will be deemed properly served if sent via the email address, notified by you.
10.4. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
10.5 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of Spain. You agree to submit to the exclusive jurisdiction of Spanish courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.