IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE
Company Name: Gestinad Medical Educations, SL (Gestinad)
TAX ID: B87150371
Registry Information: Registered in the Mercantile Registry of Madrid, volume 32969, folio 113, Page M-593462
Contact details: Alcobendas, Madrid, Avenida de Fuencarral nº 44, Edificio 9, local 29 (CP 28108). Email: firstname.lastname@example.org
The present general conditions (hereinafter, the “General Conditions”), together, if applicable, with the particular conditions that may be established (hereinafter, the “Particular Conditions”), have the purpose of expressly regulating the conditions applicable to the contracting processes of the courses carried out by the users (the “Client”), through its website https://www.educa-med.online.
These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, without prejudice to the fact that Gestinad reserves the right to modify, without prior notice, both the General Conditions and, if applicable, the Particular Conditions, as well as any of the legal texts that are displayed on the Website. In any case, the access to the Web Site after its modification, inclusion and/or substitution, implies the acceptance of the same on the part of the user.
The Client is subject to the General Conditions in force at each of the moments of making the corresponding contracting, not being possible the contracting of any course, without the previous acceptance of the present General Conditions and in its case the particular conditions that regulate the benefit of certain services. The temporary validity of the Conditions, coincides with the time of its exhibition, until the moment in which they are totally or partially modified. The new Conditions will be applicable from the moment they are available to the Client, and are thus fully accessible.
All course bookings purchased through the Web Site, after identification and authentication through the user name and password provided, will be considered validly made by the Client, and will be binding.
Consequently, the Customer shall be solely responsible for any purchases of courses through the Web Site by any third party that makes use of its user name and password. The placing of orders from the Web Site by a minor who falsifies the registration information shall be understood to have been made under the supervision and authorization of his/her parents, guardians or legal representatives.
In case of contradiction between the terms and conditions stated in these General Conditions and the Special Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those courses subject to such specific conditions.
By clicking on the button “I have read and accept the legal terms and conditions”, you become a USER of the service and therefore a client. This expresses the full and unreserved acceptance of each and every one of the general conditions.
The present general contracting conditions will become part of the contract at the moment of acceptance of the same, which will be verified by clicking on the corresponding button “I have read and accept the legal terms and conditions”. In the case of electronic contracting, both parties waive the conventional signature, which will be replaced by the written justification of the contracting carried out in the terms established in article 5 of Law 7/1998 of April 13 that regulates the General Contracting Conditions. The contract will be effective, will have full effects and will generate the obligation, on the part of the COMPANY to provide the CLIENT with the access service to the corresponding course, from the moment the payment is made, as long as the Course has started.
The process of electronic contracting through the Web Site https://www.educa-med.online will be carried out between the “Client” and “Gestinad”.
Those consumers who are natural persons of legal age (over 18 years of age) or, if applicable, legal persons who adequately prove their status and accept these General Conditions and the Special Conditions that, if applicable, are applicable, will be considered “Clients” of the Website https://www.educa-med.online.
It is expressly forbidden the purchase of Products through the Website, by minors or by users who do not meet the requirements set forth in these General Conditions, or if applicable, in the Particular Conditions.
ACCESS AND REGISTRATION ON THE WEBSITE
The access and consultation of the catalog of products and/or services published in the Web Site https://www.educa-med.online is free and free of charge, not being necessary the registration of the users.
Likewise, in order to start the process of contracting the products and/or services displayed on the Website, it is essential that users register as a user, following the instructions below.
REQUIREMENTS TO REGISTER AS A USER
It is an essential requirement to register as a user to be over eighteen (18) years of age and to provide, through the form provided by Gestinad through the Website, all the required data identified as obligatory. The registered user assumes that his user account is personal and non-transferable, being able to register in the Web Site both natural and legal persons.
Every registered user will have an access password, which will be in any case, personal, non-transferable, will be valid for a limited period of time and must meet minimum length and security requirements. The user will be able to modify or recover this password at any time, following for it the procedure arranged in the Web Site. In no case Gestinad will know this password, which will remain encrypted in Gestinad’s systems.
By virtue of the above, it is the obligation of the user to immediately notify Gestinad of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to the same, in order to proceed to its immediate cancellation. As long as such events are not communicated, the provider shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
DEREGISTRATION AS A REGISTERED USER
The legal relationship derived from the registration as a Client of the Website has an indefinite duration. Any of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will in this regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The Customer may unilaterally exercise the right of termination through the account cancellation process.
In any case, once the cancellation has taken place, the user will be able to request a new registration, being saved the power of the provider of not admitting this registration or in case of conflict or controversy arisen between the parts, that is to be solved or that has finished with recognition of fault or negligence of the user and/or damage to the provider, to its collaborators and associates or to its users, clients or potential clients.
In the same way, Gestinad reserves the right to cancel the user name and password, and therefore the access to the Web Site, of those users who maintain debit or unpaid balances.
ELECTRONIC PROCUREMENT PROCEDURE
The course access service provided through Gestinad offers during its validity the material that will be accessible for the duration of the activity.
Refusal to use the service
Gestinad reserves the right to deny the use of the service at any time and without prior notice to those users / clients who do not comply with these General Conditions or the Law of Services of the Information Society and Electronic Commerce.
Modifications and cancellation of services
The characteristics of the services may be modified with the purpose of adapting them to the technical evolution as well as any improvement that allows to incorporate a greater number of benefits in order to improve the service.
How to carry out the electronic contracting
Once the user has selected the course(s) offered by Gestinad, the user must follow the phases of the contracting process indicated below:
Phase 1. – Validation of the Shopping Cart: the User, once the selection of the course/s he/she wishes to contract has been completed, must validate his/her shopping cart, in which the selected products and/or services, the number of units, the price of the same, the term will be shown.
Phase 2. – Provide Billing Data: the User, once validated your shopping cart, you must provide billing information and by checking the appropriate box, of these Terms and Conditions of Contract. If the acceptance box is not checked, the Website will not allow the User to proceed with the contracting process.
Phase 3.- Select the Method of Payment: the User, once he/she provides the data, must select the method of payment that he/she wishes to use. Currently, Gestinad validates the debit card as a payment method.
Phase 4.- Payment of the total economic amount: the User will be automatically redirected by the system to the online payment platforms (TPV) of the corresponding banking entities.
Phase 5.- Confirmation of the Purchase: Gestinad will send to the Client in the maximum term of 24 hours from the moment of the effective accomplishment of the payment of the purchase on the part of the Client, an electronic mail in which a summary will be facilitated, with all the characteristics of the realized purchase sale. This e-mail will be considered “Proof of Purchase”.
Likewise, by accepting these general conditions of contracting, the customer agrees to receive the invoices derived from the contracting in electronic format. In any case, the customer will be able to consult and/or download the invoice in the My Orders area.
Notwithstanding the above, in the event that the customer wishes to receive the invoice in physical format (on paper), he/she must send an e-mail to the following address email@example.com requesting the invoice in physical format, duly identifying him/herself and indicating the order number for which the invoice in physical format is requested.
ECONOMIC CONDITIONS AND METHODS OF PAYMENT
All the products and/or services offered on the Web Site have the final price of the product associated with them, as well as, if applicable, the possible discounts that may be applicable to such purchase.
The prices shown on the Website are applicable exclusively to the Products offered through said Channel and during the time they remain published.
The prices of the Products are always shown in Euros and do not include VAT, without prejudice that in the future taxes could be established on this activity in which case it will act according to the tax and fiscal regulations that could come into force.
In the event that Gestinad notices a manifest error in the price of any of the published Products, it will immediately inform the Customer, as well as carry out the corresponding publication of the rectification of the same through the Website and in the usual means of communication, having the Customer the option to reconfirm, through the section “My Account”, his order at the correct price or, failing that, cancel it.
Gestinad expressly reserves the right to modify prices at any time, without prior notice. However, in any case, the rates in force indicated on the Website at the time of placing the corresponding order shall apply.
In order to proceed with the payment, the Customer must follow each and every one of the instructions shown in phase 3 of the electronic contracting process, previously described.
All means of payment provided by Gestinad are subject to checks and authorizations by the issuing entities of the means of payment (card issuers and / or issuers of payment accounts), but if such entity does not authorize the payment, you can not continue with the purchase procedure initiated, being automatically canceled the order, and understood not made the sale of the Product or Products requested.
The charge of the price of the Products as well as any applicable taxes, if any, will only be made at the time of placing the order.
To carry out the electronic payment, Gestinad has installed a payment gateway of electronic commerce provided by banks enabled for them. All data provided to Gestinad for this purpose, are duly encrypted to ensure maximum security and confidentiality of the same, being hosted on a secure server certified according to the protocol “Secure Socket Layer” (SSL).
Under no circumstances will Gestinad store the card data provided by the Clients through the payment gateway, and they will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed, in order to be able to return the corresponding economic amounts.
In case of non-payment by the customer of any of the amounts due, Gestinad reserves the right to temporarily suspend the service. After 30 days from the suspension of the service without the client having paid the amounts owed, Gestinad may suspend the service definitively, terminating the contract with the client for cause attributable to the client and reserving the exercise of all pertinent legal actions.
RIGHT OF WITHDRAWAL
Given that the sercicio to acquire is a training course that has been previously informed, of which the customer has been able to see the details of the same in terms of the agenda and general contents that provide information to the potential customer, it is understood that if you proceed with your contract is of interest, so it is not contemplated that it may give rise to a refund or withdrawal if the customer has accessed the online platform.
The customer may freely withdraw from the contract within seven days from the perfection of the contract as long as the platform has not been accessed and the course has not been started.
The customer will have the possibility to cancel the purchase of the course by sending an e-mail to firstname.lastname@example.org and the amount previously charged to the customer will be refunded as long as the online session of the course has not been started.
CUSTOMER SERVICE AND AFTER SALES SERVICE
Any query, suggestion, complaint or claim related to the online sale of the Products can be made through our Customer Service Department by e-mail to email@example.com.
EXONERATION OF RESPONSIBILITIES
Gestinad cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, nor that the Website will be available or accessible one hundred percent of the time. Neither can it guarantee the absence of viruses or other harmful components on the Web Site or on the server from which it is provided.
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 purposes or effects that are illicit or prohibited in these 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 customers or other Internet users (hardware and software), as well as documents, files and all kinds of content stored on their computer equipment (hacking) or prevent the normal use or enjoyment of such services, computer equipment and documents, files and content by other customers and other Internet users.
The client is authorized to the normal, non-exclusive and good faith use of the contents without being able to extract or reuse all or part of the contents without the express consent of the author. In any case, it will not be allowed, on the occasion of access to these courses, to infringe the rights of authorship in accordance with current legislation.
TREATMENT OF PERSONAL DATA
All the information provided during the contracting process will be stored by Gestinad Medical Educations, SL in its capacity as responsible and manager of the Website, as well as in charge of data processing, which for all purposes will be responsible for the File with the personal data of the Clients who have actually made the sale purchase.
The buyer is informed that the personal data provided will be incorporated into a file owned by Gestinad Medical Educations, SL, being necessary the processing of their data for the management of the contractual relationship and the provision of services. For the above purposes, the purchaser guarantees that the data provided are true, being expressly responsible for any possible consequences that may arise from the falsity of such information.
Gestinad Medical Educations, SL has adopted the necessary technical and organizational measures to guarantee the confidentiality, security and integrity of the personal data provided, as well as to avoid its alteration, loss, treatment or unauthorized access.
In order to keep your personal data updated, the buyer must inform of any change that occurs with respect to them, otherwise Gestinad can not respond to its veracity. The buyer is informed that he/she may exercise, free of charge and when deemed appropriate, the rights of access, rectification, suppression, limitation in the treatment, opposition or portability with respect to the personal data provided as well as withdraw, at any time, the consents previously granted, communicating it in writing and together with a copy of a reliable document of proof of identity, to the postal address Alcobendas, Madrid, Avenida de Fuencarral nº 44, Edificio 9, local 29 (CP 28108) or through the e-mail firstname.lastname@example.org.
Likewise, you may contact Gestinad’s data protection delegate, by any of the indicated means, in the event that you understand that any of your rights related to data protection have been violated.
The present conditions have been exposed with the due anticipation, in accordance with the legislation in force. Likewise, Gestinad places at your disposal the present Conditions of Purchase, so that they can be stored and reproduced, thus complying with the legal duty of prior information.
Gestinad reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website, its functionalities and/or the contents incorporated therein. You expressly acknowledge and accept that at any time Gestinad may interrupt, deactivate and/or cancel the access and/or use of the Website, without Gestinad being responsible for it.
In the event that any provision or provisions of these Terms and Conditions of Purchase are held to be void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions. In such case, the clause or clauses affected shall be replaced by another or others that have the most similar effects to those of the replaced clauses.
APPLICABLE LAW, DISPUTE RESOLUTION AND COMPETENT JURISDICTION
The parties expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish law.
The parties expressly submit, for any questions or differences that may arise from the interpretation, fulfillment and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the purchaser or to those of the place of fulfillment of the contractual obligation.
Pursuant to the provisions of Regulation (EU) 524/2013 applicable throughout the European Union, Gestinad Medical Educations, SL makes available to the users of the Website the following link: http://ec.europa.eu/consumers/odr/
Through said link, the users of the Website that will be able to access the European Platform for Online Dispute Resolution (ODR). In the event that the user has had a problem with a purchase or the provision of an online service, he/she may use this means to file any claim in connection with such purchase or provision of services, as well as to opt for out-of-court settlement of the dispute.
To file claims in the use of our services, you can contact us by mail to the electronic or physical address indicated in the corresponding section, committing ourselves to seek at all times an amicable solution to the conflict.
All rights reserved. Any copy, distribution and/or reproduction, in whole or in part, of the contents and/or the Gestinad website will require the prior written authorization of Gestinad.