TERMS AND CONDITIONS OF USE OF THE "TWENIX" PLATFORM FOR STUDENTS
1. PURPOSE OF THE PLATFORM
TWENIX is a digital platform focused on the delivery by teachers of English classes to users who want to learn the language online.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
By accepting the Terms and Conditions, the User undertakes to act at all times in accordance with the provisions set out in the clauses of this legal text. If the User does not agree with all or part of these Terms and Conditions, the User must refrain from using the Platform and the services offered on it by TWENIX. The service provided on this Platform is governed by:
(i) these Terms and Conditions;
(ii) Special Conditions that may be published on the Platform or that are regulated and reflected on the Website;
(iii) Applicable laws, industry regulations and general standards and practices.
By accepting these General Terms and Conditions, the User declares to be over 18 years of age and/or to have full legal capacity to understand and accept the content of these Terms and Conditions, exempting and holding TWENIX harmless from any claims, complaints or damages caused by the breach of this condition, which is understood as a conditio sine qua non for the use and enjoyment of the services offered by TWENIX.
Users wishing to participate in TWENIX English classes must be of legal age or, if they are not, have the express authorisation of their legal representatives to sign up. At the time of registration, the User expressly declares and guarantees that he/she has full legal capacity to contract the services provided by TWENIX or, if any type of authorisation from a third party is required, that he/she has it and can prove it.
TWENIX informs the User that TWENIX is a private company, not linked to any university or public or private educational entity and that the certificates it issues are strictly private.
When TWENIX sends the User a confirmation email, after the User completes and submits the registration form (upon payment of the amounts indicated), it is understood that the User has been officially registered and enrolled as a TWENIX student.
The registered User will be responsible at all times for the safekeeping of his/her password to access the User account, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same, and must immediately inform TWENIX if he/she has reason to believe that his/her access code or password has been used in an unauthorised manner or is likely to be used in an unauthorised manner.
In any case, the access and/or use of the Platform made under the access code or password of the registered User shall be deemed to have been made by the User, who shall be liable in any case for such access and use.
The training offered on the Website and/or the Platform, together with its characteristics and price, will appear on the explanatory screens of each of them. The price indicated on the screen will be shown in euros and will include the applicable indirect taxes, unless otherwise stated.
In the event that any of the training courses allow it and the User has selected the option of payment in instalments, the User may choose to pay the desired training subscription in instalments under the terms and conditions shown on the screen once this option has been selected by the User.
4. RIGHTS AND OBLIGATIONS OF TWENIX
- By these Terms and Conditions, TWENIX undertakes to provide the User with the training services in the manner described in these Terms and Conditions.
- To send the User, to the email address indicated in the registration form, a confirmation that TWENIX has received the request to start the training, as well as the Terms and Conditions of the training.
- Once the purchase has been made, TWENIX is obliged to make the training material or the access codes available to the User on the platform.
- All access to the Twenix platform is subject to confirmation of the payment transaction and/or technical availability.
- To use all reasonable care and professionalism in the provision of the services and training offered.
- TWENIX reserves the right to determine the modality in which the classes will be offered, defining whether they will be via audio or videoconference, depending on the services purchased by the User, which will be indicated at the time of providing the specific information of the same.
- In order to participate in the Platform and benefit from the training offered by TWENIX, the User must read and accept these Terms and Conditions, as well as any other Special Conditions that may apply to each of the courses and training offered by TWENIX.
- The User, when he/she is an individual who does not purchase TWENIX services through his/her company, must pay the price of each of the training courses in which he/she participates, following the indications provided in these Terms and Conditions, as well as in the information provided in each of the training courses. In the event of non-payment of all or part of the price of each of the training courses in which the User participates, TWENIX may immediately and automatically suspend access to all existing training services on the Platform until the non-payment situation is regularised.
- The User is solely responsible for ensuring the accuracy of the personal data provided at the time of registration, so that both the identification and the provision of services by TWENIX on the Platform, as well as the billing for the provision of the same, can be carried out correctly.
- Likewise, the User will keep secret the passwords that TWENIX provides them with at all times, being responsible for any illegitimate or illicit use of their credentials. If the User suspects that their credentials are being used by a third party, they must inform TWENIX immediately.
- The User expressly undertakes not to reproduce, distribute, publicly communicate, transform, commercialise and make available the educational material in any medium or format, made available to them on the Website.
- Likewise, the User expressly undertakes not to reproduce, distribute, publicly communicate, transform, commercialise and make available, in any medium or format, the teaching content in which the image of teachers made available on the Website is used.
- The User undertakes not to carry out any type of commercial exploitation of the teaching material and content, such as:
- The reproduction of the teaching material through reprography, as well as on a digital support for its incorporation into a database, including the right of storage in server centres, for the purpose of preserving the format;
- Technical transformation to the extent necessary to adapt it to the format, image or appearance of the Internet or any other technology susceptible of being attached to the Internet; and, finally,
- The distribution, public communication or making available to third parties or among registered Users.
- The User can generally book a class he/she wishes to attend up to 2 hours before the class start time. Similarly, any User may cancel the class up to 2 hours before the start time of the class and that class will be refunded to the User in full. If the User cancels the class less than 2 hours before the start time of the class, the amounts paid to TWENIX will not be refunded to the User.
- Under no circumstances shall the User be obliged to provide his/her personal details to any teacher or any other User.
- If the User attempts to collaborate with a teacher outside the Platform, he/she will be immediately expelled without the right to any refund or compensation, and TWENIX reserves the right to take any action it deems appropriate.
Each training course will have a specific duration, which can be identified by the User on the Website and/or the Platform. The courses in which the User registers will have a specific expiry date, which will not be accessible at a later date, and which will be indicated prior to the purchase of each of the training courses.
Once the period indicated for each training course has elapsed, the relationship between TWENIX and the User will be terminated.
Notwithstanding the above, the courses in which the students may register will have a specific duration, and the possibility of access will expire after the period determined by TWENIX in the conditions of each of them, so that the User must complete their training within the indicated period.
7. RIGHT TO DESIST
The digital training content provided by TWENIX to the User will be delivered, in whole or in part, after the payment of the amounts due for the User’s enrolment in each of the training courses selected by the User and the sending of the confirmation email by TWENIX. If this payment is not made, the training material in digital format will not be provided to the User by TWENIX.
By accepting these Terms and Conditions and the payment indicated in them, and in accordance with article 103 m) of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “LGDCU”):
- The User gives his/her prior consent to the start of the execution of the services by TWENIX within 14 calendar days following the formalisation of the enrolment in the selected training, as well as to the delivery of part or all, at TWENIX’s discretion, of the training materials.
- The User clearly and expressly declares that he/she is aware that, as a result of the above, and in particular the provision by TWENIX of any training materials, the User loses his/her right of withdrawal, and that no reimbursement is possible from that moment onwards.
- Based on the above, TWENIX informs the User, who expressly consents, that the User will not be able to exercise this right of withdrawal when TWENIX provides any of the contents that make up the contracted training.
The User undertakes to maintain secrecy and confidentiality regarding any data provided by TWENIX relating to the username and passwords to access the website and chats included in the Website and the Platform.
The User undertakes to treat all documentation and training material confidentially, which will be used solely for private training use, and undertakes not to reproduce, distribute, publicly communicate, transform, commercialise or make it available to third parties through any format, support or means of dissemination.
All information already shared and/or yet to be shared between TWENIX and the User, provided for the purpose of providing training services, will be considered confidential, especially the User’s personal data.
9. DATA PROTECTION
Consequently, the User is informed that their personal data is stored in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on natural persons with regard to the processing of personal data and the free movement of such data (hereinafter, GDPR) and the provisions of the Spanish legislation in force in this area.
In accordance with the provisions of the GDPR, the User’s personal data will be incorporated into our personal data processing system for the purpose of managing this contractual relationship and will be kept for as long as it is maintained, as well as for the time necessary for TWENIX to fulfil its responsibilities.
To do so, you can send an email to email@example.com, accompanied by a photocopy of your ID, or send a letter exercising your rights to the following postal address: Plaza Guitarrista Julián Arcas nº1 1º-2 04004 Almería. Likewise, the User may address his claims to the Spanish Data Protection Agency (https://www.aepd.es/es) if he understands that his rights have not been properly addressed.
10. INTELLECTUAL PROPERTY
By accepting these Terms and Conditions, TWENIX declares, and the User accepts, that TWENIX is the owner or assignee of all intellectual property rights and any other existing rights over the Website, the Platform, domain names and any others that are understood to be included in the same.
In this regard, TWENIX and the User state and acknowledge that under no circumstances shall the provision of the training services defined herein be understood as an assignment, authorisation, transfer or licence of the intellectual, industrial or any other type of property rights owned or assigned by TWENIX, and that the User may only use any content, trademarks, domain names and distinctive signs within the strictest scope of the training offered by TWENIX, and only and exclusively for the duration of the contractual relationship between TWENIX and the User.
Likewise, the User is strictly prohibited from using, reproducing, copying, copying, distributing, publicly communicating, transforming and/or any other exploitation of, including but not limited to, the source code, object code, domain names and training materials, part or all of the Website and/or the Platform, as well as, including but not limited to, any act of reverse engineering with respect to the Website, the Platform and/or any of its contents.
The User shall always hold TWENIX harmless against any claim, complaint, sanction, fine or any other judicial and/or administrative action, public and/or private, which may involve or have involved a financial or moral damage to TWENIX.
In relation to the above, the User shall be liable to TWENIX for any breach or action taken by them in contravention of these Terms and Conditions, the applicable legislation on any matter and any particular conditions of each of the courses.
12. TERMINATION OF THE USERThe User may only unsubscribe during the training for reasons of Force Majeure. “Force Majeure” means the occurrence of an event or circumstance (“Force Majeure Event”) that makes it impossible or impossible for a party to perform one or more of its contractual obligations under the Terms and Conditions, to the extent that the User proves:
- that such impediment is beyond its reasonable control;
- that it could not reasonably have been foreseen at the time of conclusion and acceptance of the Terms and Conditions; and
- that the effects of the impediment could not reasonably have been avoided or overcome by the User.
The User invoking Force Majeure must in any event demonstrate that the effects of the impediment could not reasonably have been avoided or overcome:
a. war (whether declared or undeclared), hostilities, invasion, acts of foreign enemies, extensive military mobilisation;
b. civil war, riot, rebellion and revolution, usurpation – military or otherwise – of power, insurrection, acts of terrorism, sabotage or piracy; c) monetary and trade restrictions, seizure, sanction;
c. act of a public authority, whether lawful or unlawful, enforcement of any law or governmental order, expropriation, occupation of works, requisition, nationalisation;
d. plague, epidemic, pandemic, disaster or extreme natural event;
e. explosion, fire, destruction of equipment, prolonged interruption of transportation, telecommunications, information systems or power;
f. general labour disturbances such as boycott, strike and lockout, zeal strike, occupation of factories and premises; g) general labour disturbances such as boycott, strike and lockout, zeal strike, occupation of factories and premises.
The User shall notify TWENIX without delay by email at firstname.lastname@example.org.
The User who successfully invokes Force Majeure shall be relieved of his duty to fulfil his obligations under the Terms and Conditions and of any liability for damages or any other contractual penalties for breach of the Terms and Conditions, from the time at which the impediment has caused the inability to perform, provided that notice is given without delay. If notice is not given without delay, the exemption from liability shall be effective from the time the notice reaches TWENIX. TWENIX may suspend the fulfilment of its obligations, if applicable, from the date of the notification.
TWENIX may terminate the User’s membership at any time if TWENIX considers that the User has breached any of these Terms and Conditions, without the User being entitled to any refund or compensation.
In the event that any of the provisions of these Terms and Conditions is considered in whole or in part contrary to the Law or unenforceable, it will be eliminated from the same and, if possible, will be replaced by another stipulation with similar effect to the annulled one, continuing in any case the validity of the contract in its remaining stipulations, which will not be affected by the partial nullity.
These Terms and Conditions are written in English, without prejudice to their translation into other languages, such as Spanish, under certain conditions. Notwithstanding the foregoing, in case of doubt or conflict between the wording of the Terms and Conditions in the Spanish version and any other language, the Spanish version shall always prevail.
TWENIX reserves the right to modify the presentation, configuration and content of these Terms and Conditions, as well as the Platform, and/or the conditions required for its access and/or use, prior written notice to the User. Access to and use of the contents and services after the entry into force of the modifications or changes in the conditions imply acceptance of the same.
These Terms and Conditions shall be governed by Spanish law. In the event of litigation regarding the interpretation, execution or validity of these Terms and Conditions, the Courts and Tribunals of the territory of the User’s residence shall have jurisdiction.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, TWENIX also informs you that, in the event of a dispute, the User resident of the European Union may resort to the “Online Platform for Dispute Resolution” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by TWENIX. To access the “Online Dispute Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/.