General terms and conditions
Owner: Digitalgapp Cloud, S.L. (hereinafter referred to as ” DIGITAL GAPP” or the “Holder”)
Registered Address: Calle Marqués de Monteagudo 22, 28028, Madrid
Registration Data: Madrid Mercantile Registry: Volume 38.391; Folio: 152; Section 8; Page M-682997; Entry 1; Date 30/11/2018
Phone: +34 917 046 639
Fax: +34 917 266 476
By means of this document, the general contracting conditions are established (hereinafter, the “Contracting Conditions”) that will regulate the acquisition by users of any of the products and/or services offered through the DIGITAL GAPP website (hereinafter, the “Website”), located at the URL https:// digitalgapp.com
Any issue that has not been expressly provided for in these Terms and Conditions will be understood to be reserved for DIGITAL GAPP, without prejudice to the application of the provisions of the regulations in force.
Likewise, DIGITAL GAPP reserves the right to carry out modifications and/or updates in the Terms and Conditions, of which the client will be informed beforehand for their acceptance or rejection if they are substantial. In any case, it will be considered that the user expressly accepts these modifications or updates if he/she re-contracts the services offered by DIGITAL GAPP through the Website.
If accepted by the user, the new Contract Conditions will fully replace the conditions in force up to that moment, starting to take effect in the new subscriptions contracted by the user, from the date of acceptance of the new Contract Conditions.
By ticking the corresponding box in the contracting process, as well as following all the steps of the same telematically, the user expressly accepts these Contracting Conditions, which are as valid as the user’s signature in person. In this way, the user acknowledges being a person with sufficient capacity to assume the obligations derived from his/her actions through the Website, which he/she has previously read and understands its content.
In any case, to be able to contract with DIGITAL GAPP the user must be of legal age (≥ eighteen (18) years) and have full legal capacity to sign contracts.
The whole process of contracting will be carried out in Spanish or English.
3. OPERATION OF THE WEBSITE
The Website is intended for the sale of a training programme for professionals who wish to enhance their training (hereinafter referred to as the “Products”), which may be contracted by users in accordance with the provisions of these Terms and Conditions.
All communications with the user by DIGITAL GAPP will be made electronically.
4. USER REGISTRATION
Registration as a user of the Website is completely free and can be done electronically from any type of device, where you will be required to provide the necessary data to manage your registration, and must be entered complete, real and true, since this is the only way we will be able to offer the Products correctly and manage the contracts you make, as well as, if necessary, contact our users.
Access to the Website implies full acceptance of these Terms and Conditions, without prejudice to the particular conditions provided for certain and specific services, and which will be understood to have been accepted by the mere use of the same.
Under no circumstances will DIGITAL GAPP be responsible for the veracity of the registration data provided by the users, so that each of them will be responsible for the possible consequences, errors and failures that may subsequently arise from the lack of quality of data.
4.1. Registration requirements
It is an essential requirement to register as a user to be over eighteen (18) years, and provide all the data required and listed as mandatory.
Likewise, the registered user assumes that the password and user account are personal and non-transferable.
The password must be generated by the user according to the rules of robustness and complexity that are established at all times by the Holder. The password created by the user will have unlimited temporary validity, only subject to the time that the Website, or the section of it that requires access by password, remains active.
Notwithstanding the foregoing, the user may change his password at any time, using the tools made available by the Proprietor through the Website.
The user undertakes to make diligent use of his password and keep it secret, and may not transmit it to any third party. Consequently, users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered users, and agree not to transfer their use to third parties, either temporarily or permanently, nor to allow third parties access to their account. The user will be responsible for the lawful use of the Website, being liable for any damages generated by a third party accessing it using their access credentials.
By virtue of the above, it is the user’s obligation to immediately notify the Owner of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are reported, the Holder will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
4.2. Cancellation as a registered user
The user can, at any time, request to be removed from the Website, by writing to firstname.lastname@example.org indicating their identification data.
In any case, once the cancellation has been made, the user may request a new registration, without prejudice to the Holder’s right not to accept said registration in the specific cases specified in the “Legal Notice” in the clause entitled “Rules of Use” or in the event of conflict or dispute between the parties.
5. ELECTRONIC PROCUREMENT
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects provided for by the legal system, when the consent and other requirements necessary for their validity are met.
In any case, the electronic medium on which these Terms and Conditions of Business concluded by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
To this end, it shall be understood that the monitoring of all the phases of the purchase process and, where appropriate, the payment of the corresponding economic amount necessarily implies the provision of the consent required for the contract.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, all the information relating to the same is made available to users prior to the start of the contracting procedure, which will only be applicable if the user decides to proceed with the contracting through the Website.
5.1. Prior information
These Terms and Conditions are available to all users of the Website from the following link [http:// digitalgapp.com/en/condiciones-de-uso/] freely and without charge.
Access to the contracting process is completely free of charge, without any additional associated costs apart from those derived from the user’s provision of an Internet connection and those due to the acquisition of the training courses.
The Products offered by DIGITAL GAPP are perfectly described on the Website, not including any issues that have not been expressly indicated.
The contract between DIGITAL GAPP and the user is understood to be perfected from the moment the user finishes the contracting procedure, by pressing the “Contract” button. It is understood that the monitoring of all the phases of the electronic contracting procedure and the inclusion of all the requested data, together with the marking of the corresponding box regarding the acceptance of these Contracting Conditions, is a direct manifestation of the user’s willingness to accept them.