Instituto Escalae, S.L. (the “Institute”) puts the platform: TeachersPro (hereinafter, “TEACHERSPRO” or the “Portal”) at the disposal of Internet users, which is accessible from www.teacherspro.com (the “Website”).
Access to and/or use of TEACHERSPRO, and any other website of the Institute that refers to these terms and conditions, is completely voluntary and confers the condition of User on that person. All Users accept these General Terms and Conditions of Use (the “General Terms and Conditions”) and the “Data Protection Policy” of TEACHERSPRO from the moment they access it. As a result, the user must carefully read the aforementioned legal documents before accessing and using any Website service.
The User ensures they are of lawful age and that they access the Portal in the professional capacity of teacher or similar. Otherwise, the User must not access or use the Portal, much less register as a User.
Further legal and general information about the Institute and use of the portal can be found in the legal notice.
These General Terms and Conditions govern access and use of the TEACHERSPRO Portal and the corresponding services and, in particular, their different functions, content and methods of continuous learning and improvement (the “Service” or “Services”).
The purpose of TEACHERSPRO is to promote an on-line teacher learning process and a community of users interested in this training process and our new education platform, where any user can improve their teaching skills and share and comment on this learning with their peers.
3. Account subscription
The subscription process will be on-line through the Portal. Once the purchasing process is completed, the User will receive an e-mail confirming the subscription at the address they have provided for this purpose (the “Confirmation”). Then, having perfected the contract, they will be entitled to the benefits indicated on the Website for “Open” registered users. The “Open” account will be valid until the User terminates the contract or we terminate the account in accordance with clause 14 below.
The “Open” registered user may subscribe to the TeachersPro paid products indicated on the Website, and specifically change to a Premium account with an annual subscription to the paid services.
The registered User is informed and accepts that, in accordance with current legislation and as this is a contract to supply digital content that is not provided in a hard copy format, with the simple execution of the contract and provision of an information society service (our e-mail confirmation of completion of the purchasing procedure) they are not entitled to cancellation (right of a consumer to cancel the service – without the need for a justified cause for doing so – and so the paid price is refunded to the consumer) as they will be able to use the TEACHERSPRO Services and functions.
However, the User may unsubscribe at any time in accordance with clause 14, however this does not obligate the Institute to refund any payment already made to it.
Those Users whose subscription to the Service is paid by a third party (Sponsored User(s) and the “Sponsor”, respectively) are informed and accept that even though they have followed the subscription process, except regarding payment, the provision of the Service is conditioned to the agreement between the Institute and the Sponsor and/or the instructions (for example, on termination of the Service for certain Sponsored Users) that the Institute receives from the Sponsor.
4. Certification of Studies
The Institute offers unofficial certification systems. You can consult the rules and requirements, as well as the characteristics, on the Website.
The Institute reserves the right to refuse certification to those Users who have not met the minimum requirements and, therefore, have not attained the necessary level to receive the certificate of studies.
The User undertakes to follow the pace of study and to make the most of the course, doing all the activities set out by the Institute within the specific deadlines.
5. Price, Validity of Offers and Prices; Payments
Payment of the subscription price. With the exception of Sponsored Users, the User undertakes to make the relevant payments in the manner and within the deadline set out in the subscription process for the corresponding products they purchase (independent products or periodic subscriptions).
Unless otherwise agreed, the User accepts the subscriptions prices and payments may be modified without retroactive effect (a) through advance notice of 30 days on the Portal and/or through electronic communication to the e-mail address provided upon registration (or that indicated for this purpose by the User through the Portal before the communication process), (b) in the event of modifications to the tax laws applicable to the price of the Service, automatically regarding the impact of said taxes on the total price Users are to pay. If the modification is not accepted, the User must unsubscribe from the service within the indicated deadline.
Validity of offers. The types of subscription offered on the Portal, and their prices, will be available for purchase while found in product catalogue viewed on the Portal. Prices are those shown on the Portal on the order date and are valid unless there are typing mistakes or computer errors (particularly in the event of evident errors), we recommend Users consult updated versions of the Portal so errors do not occur.
Should any price error of this kind occur at any time, beyond the Institute’s control, it will be corrected as soon as possible. Should there be a typing mistake in any of the prices shown and if any User in good faith has made a decision based on that error, we will inform them of the error and the User in good faith will be entitled to rescind their subscription free of charge. Offers will be duly marked and identified as such, properly indicating the previous price and the offer price.
VAT. The prices indicated by the Institute on the Portal includes, unless otherwise stated, Value Added Tax (VAT) applicable in Spain or other taxes that may be applicable and, in any case, they will be stated in Euros (€).
Arrears. Failure to pay authorises the Institute to suspend the Service and access to the Platform and, in any case, entitles it to demand payment. Likewise, in the event the User repeatedly fails to pay or does not comply with any of their obligations, the Institute reserves the right to suspend their purchase account through notification via their e-mail (at the electronic address indicated by the User for this purpose upon enrolment or duly indicated by the User for this purpose).
Electronic invoice. The User has the simplified electronic invoice available on their Portal account. The User expressly consents to having the electronic invoice available to them and to having it available in the manner described herein. Should you wish to receive the invoice in digital or paper format, please request it from firstname.lastname@example.org
Sponsored Users. This clause is not applicable to Sponsored Users while they deemed such.
6. Rights and obligations of the Institute
The Institute undertakes to provide the Services to the Users in a diligent and professional manner, in accordance with and subject to the limitations established herein.
The User acknowledges that it is not technically possible to have 100% availability of TEACHERSPRO. However, the Institute will make an effort to keep the Portal available as much as possible. Brief anomalies or temporary suspension of the TEACHERSPRO services may occur particularly due to maintenance, security or capacity reasons, as well as due to events beyond the Institute’s control (for example, anomalies in the public communication networks, power cuts, etc.).
The Institute reserves the right to modify, without prior notice, the design, presentation and/or configuration of this Portal, as well as of some of all of the Services, and to add new services. Exceptional situations notwithstanding, the Institute will not close or modify any learning module or functions being provided, without prior notice.
The Institute may remove any content that does not meet these General Terms and Conditions from TEACHERSPRO at any time and without the need for prior notice or justification.
The Institute reserves the right to suspend or refuse access to TEACHERSPRO, at any time and without the need for prior notice or justification, as well as to remove them as a User and terminate our contractual relationship, those users who breach any of these applicable General or Specific Terms and Conditions, without prejudice to the right of the Institute of third parties to claim compensation and indemnity for any damages they may have suffered as a result of said breach.
The Institute is not obliged to provide to other users the data and/or information provided by the User when said data and/or information breaches legal provisions or the General or Specific Terms and Conditions.
7. Users’ Obligations
The User undertakes to use TEACHERSPRO and the services accessible via this Portal in a diligent and loyal manner, under their full responsibility and with full compliance of the Law, good practice and the General Terms and Conditions and, if appropriate, the Specific Terms and Conditions that are applicable, as well as to duly respect other users.
Registration. The Institute conditions the use of most of its TEACHERSPRO services and functions to the User’s registration following completion of the relevant form and creation of their user account, choosing an identifier (ID or login) and a password that the User undertakes to save and use with due diligence. This enrolment will be done in the express manner indicated in the service.
User Account. The “User Account” is personal and non-transferable; its transfer, even temporary, to third parties not being permitted. In this sense, the User must take the necessary measures to safekeeping their chosen password, preventing third parties from using it. As a result, the User is solely liable for the use carried out via their password, with complete indemnity for the Institute. Should the User be aware of or suspect third party use of their password, they must inform the Institute as soon as possible.
User Information. All information provided by the User, whether registered or not, through the services available at TEACHERSPRO, must be true, accurate and complete. For these purposes, the User particularly guarantees the authenticity of all data they communicate as a result of completing the necessary forms to subscribe to the Services. Likewise, the User will be liable for keeping all the information and content provided to the Institute permanently up-to-date so that it shows the User’s real situation at all times. In any case, the User will be solely liable for the false or inaccurate statements they make and for the harm caused to the Institute or third parties by the provided information.
User Conduct. The User is obliged to respect the applicable laws, these applicable General and Specific Terms and Conditions, and the rights of third parties, to use the content and services available at TEACHERSPRO. Likewise, the reproduction, distribution, transfer, adaptation or modification, by any means and in any way, of the content of the Portal (texts, designs, graphics, information, databases, sound and or image files, logos, etc.) and other Portal elements is prohibited, unless previously authorised by their legitimate owners (note that on occasion, TEACHERSPRO states that said content can be shared, for example, clearly stating that it is shared under open Creative Common licences) or when it is permitted by Law.
Without prejudice to the indicated general obligations, the User is prohibited from the following actions:
Publishing insulting or slanderous content, independently of whether this content affects other users, or people, or companies.
- Publishing content that infringes people’s fundamental rights, looks for other Users’ weaknesses, lacks netiquette, annoys or may generate negative opinions in our users or third parties.
- Publishing content that contravenes the principles of lawfulness, honour, responsibility, protection of human dignity, fundamental and/or human rights, protection of minors, public order laws, privacy laws or personal data protection, consumer protection, and the intellectual and industrial property rights of the Institute or third parties.
- Inconveniencing other Users (especially through spam).
- Using legally protected content (e.g. by legislation relating to intellectual property, trademarks, patents, utility models or aesthetic models) without being entitled to do so, or advertising, offering or distributing legally protected goods or services.
- Using TEACHERSPRO in a careless manner or in bad faith (for example, arbitrarily assessing other users’ activity or with fraudulent agreements).
- Carrying out or encouraging actions against free competition, including those aimed at gradually attracting clients (such as chain reaction, snowball or pyramid systems).
- Using mechanisms, software or scripts relating to the use of TEACHERSPRO.
- Blocking, overwriting, modifying or copying, unless it is necessary for the correct use of the Services and Websites. For example, copying through robot/crawler type browser technologies is not necessary for the correct use of the Portal services, so it is expressly prohibited.
- Publicly disseminating and reproducing content from TEACHERSPRO or other users, without prior authorisation.
- All actions that can harm the features of the technical infrastructure and connections of TEACHERSPRO, especially those that can collapse them.
- In general, using any kind of material and information contained in TEACHERSPRO for illegal purposes and those expressly prohibited in these General Terms and Conditions and the applicable Specific Terms and Conditions, or that are contrary to the rights and interests of the Institute and the TEACHERSPRO Services, its members or third parties.
Confidentiality. The User is obliged to maintain in strictest confidentiality the content and information on the Institute or its Users to which they may have access within the Portal, and not to communicate them to third parties or use them for any purpose other than their participation on the Portal. With the exception of data that is not of a personal nature and that may be clearly deduced as non-confidential content or data (for example, public content or data, links to open content or pages on the Internet, or content that is clearly designed to be shared with unregistered Users).
Liability. The User is aware of, and voluntarily accepts, that use of the Service always takes place under their sole and exclusive liability. Users who breach these General Terms and Conditions or the applicable Specific Terms and Conditions, and/or that, in any way (including the introduction or dissemination of “computer viruses”) harm, render useless, overload, deteriorate or prevent normal use of the material and information contained in TEACHERSPRO, the information systems or documents, files and other kinds of content stored on any computer equipment (hacking) of the Institute, its members or any other TEACHERSPRO user, must answer before them and compensate them for any harm or prejudicial consequences.
8. Content provided by TEACHERSPRO Users
The user grants to the Institute the non-exclusive rights of reproduction and public communication, distribution and transformation through the TEACHERSPRO interactive spaces for any User Content, worldwide and during the legally established period of protection, and for all possible purposes (particularly but not solely the provision and management of the Service). The transfer of rights also includes the use of all these materials for teaching purposes as well as their publication in the TEACHERSPRO virtual public spaces in which the User interacts. This licence will expire when the User unsubscribes; without prejudice to a copy of the User Content being saved in the Institute’s backup copies during the legally required period of time.
Without prejudice to the prohibitions indicated above, the Institute does not allow distribution or communication of User Content that harms the quality of the Service or that does not meet the quality parameters established in TEACHERSPRO.
The Institute does not monitor or supervise User Content. However, the Institute reserves the right to remove content that the Institute deems inappropriate for the characteristics and purposes of TEACHERSPRO or contrary to these General Terms and Conditions or the applicable Specific Terms and Conditions (particularly but not solely if said User Content has been reported). Should the Institute have to remove a User’s content, the Institute may also terminate their contractual agreement with the User or temporarily and/or partially suspend their Services to said User.
If it is deemed that Content uploaded to TEACHERSPRO infringes this rule, please contact us as stated below in 10 Notifications.
9. Intellectual and Industrial Property Rights
Except for that expressly established herein and in the applicable Specific Terms and Conditions or in the Creative Commons licences linked to specific content, all intellectual and industrial property rights of the TEACHERSPRO content available in or through this Portal are reserved.
The TEACHERSPRO texts, designs, images, databases, logos, structure, trademarks and other elements are the property of the Institute and are protected by international treaties and laws on intellectual and industrial property. Any reproduction, transfer, adaptation, translation, modification, public communication, or any other exploitation of all or part of the TEACHERSPRO content, made in any way or by any means, electronic, mechanical or other, is strictly prohibited unless previously authorised in writing by TEACHERSPRO or third-party holders. Any breach of these rights may give rise to the corresponding civil or criminal procedures, in or out of court.
10. Notifications and complaints
For the purposes of preserving the possible rights of the Institute or of third parties, if a User or third party considers that there has been a breach of their own or third-party rights, or in general non-compliance of these General Terms and Conditions or of the applicable Specific Terms and Conditions, in the publication of certain content on TEACHERSPRO, the User or third party must report it in writing to Instituto Escalae, S.L., tax code B65809667, with registered offices at C/. Numancia, nº. 185, 2o. 2a, 08034 Barcelona and email email@example.com , indicating (under Matter: “Legal breach”):
– Identification and indication of the allegedly illegal content (via URL or other way of locating the content).
– Explanation or justification of why it is deemed illegal or unlawful.
– If appropriate, identifying data of the interested party who owns the allegedly infringed rights. If the claim is filed by a third party other than the interested party, they must indicate the representation with which they act.
– Accreditation of the existence, ownership and validity of the cited infringed rights.
– Express declaration in which the interested party takes responsibility for the accuracy of the data and information provided in the notification to which this point refers.
– Signature and contact details (preferably e-mail and/or telephone).
The User can also notify this using the “Report” button, the function of which is explained here.
In both cases, the Institute undertakes to investigate the matter indicated in the report (hereinafter, the “Report”), and will contact the reporting User as well as the reported user, if appropriate, to solve the matter as efficiently as possible, and making reasonable efforts to preserve and defend its own rights and the rights of Users and third parties. In any case, the Institute reserves the right to temporarily or permanently delete any reported content at its discretion.
11. Guarantees and liability
The Institute. The Institute does not undertake to monitor the User Content or Users’ activity on TEACHERSPRO, so it cannot offer any guarantees regarding them.
Except for those cases expressly described herein and in the rest of the TEACHERSPRO regulations, the Institute only accepts liability for direct harm (emerging) and to the fullest extent permitted by current legislation it is not liable for indirect harm (loss of earnings) that may be due to a lack of accuracy, completeness, relevance, as well as errors or omissions in the information and services provided by the Institute that can be accessed through it.
The Institute is not liable in any way for:
- The content, data and/or information provided by Users to the Portal, particularly but not limited to, Users’ opinions and the actions they take through the Portal, the forums, communities, or other participation or opinion tools, nor
- For the content of linked external websites. In particular, the Institute does not guarantee that this content is true, complies with a certain purpose or can be used for that purpose.
The Institute does not guarantee the availability, continuity or infallibility of the functioning of the Portal, and as a result, excludes, to the fullest extent permitted by current legislation, any liability for harm of any nature that may be due to the lack of availability or continuity of the functioning of TEACHERSPRO and of the Services provided therein, as well as for the errors in accessing the various web pages or those from which said services may be provided.
The Institute is not liable in any way for the non-performance or delay in performing any of the obligations assumed by virtue of these General Terms and Conditions, if said non-performance or delay is the result or consequence of force majeure or Act of God recognised as such by Jurisprudence.
12. Links to third-party websites
In its content, TEACHERSPRO includes links to sites belonging to and/or managed by third parties to facilitate access to information available on the Internet.
The Institute does not assume any liability arising from the existence of links among the content of this site and external content or from any other mention of content external to this site. These links or mentions are merely informative and, under no circumstances, do they imply the support, approval, marketing or relationship of any kind between the Institute and the people or entities who create or manage such content or the owners of the sites where they are found.
13. Non-compliance by the User and Compensation
If the User does not comply with the clauses of these Terms and Conditions of Use and/or the applicable legislation:
- The User must compensate and hold harmless the Institute and any other User or third party before any claim, liability, loss, damages, costs and expenses (including lawyers’ fees) that arise from any claim regarding said non-compliance.
- The Institute reserves the right to cancel and/or delete the User Content, expel and refuse access to TEACHERSPRO as well as terminate the contractual relationship with the User and end their membership, without the User being entitled to any compensation, as well as to claim from the latter the corresponding compensation.
General. The User may unsubscribe at any time through the process described on the Portal. Failing that, through an e-mail addressed to the Institute at firstname.lastname@example.org, attaching a copy of their identity document, which will be verified by the Institute before removing his membership.
The Institute may terminate the contractual relationship with its Users in the following situations:
– Upon suspending all Portal Services, at its discretion, with at least 30 days prior notice.
– Due to the User’s non-performance of these Terms and Conditions, by sending a notification to the contact e-mail of the User concerned.
– When so required by a court or administrative order.
Upon terminating this contractual relationship (with one or several Users), the Institute will remove all the User Content provided by the User(s), except for that Content which the Institute cannot remove for technical or continuity reasons or validity of the use of the content and materials available on the platform (discussion threads, material shown or commented on by third parties, events or materials shared between several Users, etc.). In the latter situation, reasonable efforts will be made to anonymise the Content belonging to the corresponding User(s) that remains on the Portal.
Specifications regarding Sponsored Users. Without prejudice to the above, the Sponsored User accepts that if the Sponsor stops paying for the Service (permanently or temporarily), the Institute may maintain the former’s information to continue providing them with the Service. The system will automatically show the price and available methods of payment to continue receiving the Service. If the User (up until then the Sponsored User) directly complies with the obligation included in condition 5 “Price, Validity of Offers and Prices; Payments”, they will continue to receive the Service. If the User does not comply with this obligation, the Institute may terminate any contractual relationship with the User.
Note that the Institute is not obliged to offer the Trial Period in these cases as the User already knows the Service.
15. Applicable Legislation and Jurisdiction.
These Legal Terms and Conditions and the rest of the Portal terms and conditions will be governed by Spanish legislation, without prejudice to the law of obligatory application in any jurisdiction where the User consumer is domiciled.
For any questions or actions that may arise from the provision of TEACHERSPRO services and content, and regarding the interpretation, application, performance or non-performance of the provisions herein, the Institute and the User:
- in all cases, both parties undertake to try to resolve them amicably. For this purpose, you can send us your complaint to the e-mail address email@example.com with the heading “complaint”.
- if you are a consumer User and the law determines you may be subject to a certain jurisdiction, submission to that jurisdiction will be applicable.
- if the above is not applicable and there is no mandatory law that provides otherwise, with express waiver of any other jurisdiction to which they may have recourse, they submit to the jurisdiction of the Courts and Tribunals of Barcelona.
Likewise, the European Commission provides an on-line dispute resolution platform here: http://ec.europa.eu/consumers/odr/
Do you have any questions?
For any question regarding these Terms and Conditions, please contact the Institute via e-mail at firstname.lastname@example.org.
Version: 2.0 Date 02.01.2017