Educa UNIVERSITY|Advertencias legales

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2023-12-05

Advertencias legales

LEGAL NOTICE EDUCA UNIVERSITY

LEGAL NOTICE EDUCA UNIVERSITY

The present purchase conditions, together with the web order form sent upon acceptance, constitute the contract between Educa University, B.V. (hereinafter, the Center) and any user who makes a purchase or enrollment in training activities (hereinafter, the Client or Student) through www.educa.university (hereinafter, the Website).

By submitting their request, the Client must activate the "I Accept the General Conditions" checkbox, which appears next to the form. By checking this box, the Client declares to have read the present conditions, declares acceptance, and gives express consent to the entire content of the contract in the version published at the time of acceptance, committing without reservations to compliance.

1. Identification of the parties

The Center provides the following information as the contracting party in charge of the Website:

  • Trade Name: Educa University, B.V.

  • Address: Weteringschans 165-C, 1017 XD Amsterdam

  • KVK Registration: 87142104

  • VAT Number: NL864215873B01

  • Phone: _______

  • Email: business@educa.university

The Client is identified through the data provided in the order or enrollment form, being responsible for their accuracy, updating, and accuracy.

The Client declares to be over 18 years of age, have legal capacity to enter into contracts, and act on their own behalf as an individual or on behalf of a legal person. In the latter case, the Client expressly declares to have sufficient power for such representation. The Center may not process orders or cancel customer accounts when the provided data are inaccurate, false, or incomplete.

2. Object

This contract regulates the terms and conditions applicable to the Client's contracting of the Center's training services by enrolling in the selected training action from those offered on the Website. These conditions are formulated in accordance with the General Data Protection Regulation of the EU 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

3. Description of products and services

Through this website, various training actions can be contracted from an extensive catalog selected from training actions belonging to all companies that make up the Educa Edtech Business Group, in collaboration with numerous Universities.

The Website offers training actions (Courses and Masters) in distance or online mode. "Distance" training actions are those in which the student is provided with didactic materials (usually, books, exercise books, paper evaluation tests) for study and course development, and must send the evaluation tests established in each case to the Center by postal mail. In the "online" mode, didactic materials will be available in digital format through an online platform through which the Student can study, progress in the course, and submit evaluation tests.

The Student will have a tutoring service provided by teachers and technical staff of the Center to answer questions, guide in the study, correct exercises and tests, and provide complementary study material during the period of the training action. Communication with teachers and tutors will be by phone, email, and channels designed for this purpose on the online platform. If a training action does not include the tutoring service described above, it will be expressly indicated otherwise in the information sheet for that course on the Website.

The individual sheet of each training action provides information on its "distance" or "online" mode, price, physical format materials provided, availability of an online platform for study, syllabus, and other relevant characteristics for the course's completion.

Upon completion of the contracted training action, and if the established evaluation tests are passed, the Student will receive a certificate issued by the University. In any case, both on the Website information for each training action and in the information provided by the Center's staff, the existence of possible specific deadlines for completing the course or other evaluation conditions that could affect the Student's obtaining the degree will be indicated at all times.

Furthermore, teaching staff have exclusive competencies regarding the passing or failing of the various tests and projects proposed to students. In no case does the payment of the training action imply the issuance and sending of the accreditation diploma, as this is subject to the fulfillment of all the requirements previously communicated by the teachers.

Training programs that require the completion of a Final Project or Work are not subject to a maximum correction period by tutors, and therefore, teaching staff, considering their competencies and level of dedication and excellence in their work, have total academic and professional freedom from the Center to dedicate the necessary and indispensable time to guarantee the originality, coherence, and any other attributes that a Project of such magnitude must have.

On the other hand, the Center will inform the student of the maximum period available to complete the training action in which they have enrolled.

Once the corresponding period has ended, the Student will have a free extension from the scheduled end date. After this period without having met the requirements communicated by the Center's staff, the training action will be considered concluded without issuing the corresponding degree, maintaining the student's access to the online campus in strict consultation mode, without the possibility of making progress or submitting tutorials.

Similarly, it is a prerequisite and essential for the completion of the training actions taken by students, as well as for the issuance and sending of their certification, to have passed the minimum training period, which is ONE day for every 8 hours of the respective training program.

Notwithstanding the above, the Student will have a maximum period to complete the training action in which they have enrolled. If this period elapses without having completed the final evaluation tests, the training action will be considered concluded without issuing certification. In such a case, the Student may request an extension of their enrollment for an additional period equal to the initially established period for the training action, with the possibility of taking evaluations and accessing the certification, all subject to payment for the renewal of fees.

Training actions taken through Continuous Training for workers and companies do not include an additional free extension. Once the deadline set by the Center has passed without meeting the requirements inherent in such training programs, students can extend their training action by paying the academic fee communicated by the Center.

4. Purchase Process

The contracting of a training action is carried out through the following steps:

  • Any user can access the information and prices of each training action offered on the Website without the need for registration or providing their data. In any case, what is established in the Legal Notice of the Website will apply.

  • Before making a purchase or order, the user can ask any questions about it for free using the chat service, the information form, contacting by phone or email indicated in the "Contact" section of the Website, or any other means of contact made available to the user.

  • Once the user has decided on the training action and has obtained the information they deem necessary, they must click on the "Enroll" button, which will redirect them to the registration form.

  • The user must complete the registration form with their personal and contact information, as well as the specific information required for each training action (such as academic and professional data). The user must carefully read the registration form and complete it truthfully and accurately, assuming any expenses or damages that may arise from errors or inaccuracies in the completion.

  • After completing the registration form, the user must proceed to make the payment using the selected payment method (credit card, PayPal, or any other method enabled on the Website). The payment gateway is external to the Center and is managed by a bank or financial entity that guarantees the security of the transaction.

  • Once the payment is made, the user will receive a confirmation email with the details of their enrollment, which they must keep as proof of their purchase. The confirmation email will include a link to download the invoice corresponding to the purchase, and the user can also download it from their user account on the Website.

  • The user will receive the didactic materials and access credentials for the online platform (if applicable) according to the characteristics of each training action. In case the training action requires the sending of physical materials, the user must provide a valid shipping address where they can receive the materials within the indicated deadlines.

Throughout the entire purchase process, the Customer can resolve any doubts through the contact information provided on our Website. The use of these channels for order processing will not imply any additional cost for the Customer.

5. Shipping

If the training action includes didactic materials in physical format, they will be shipped via a courier company within 24 to 48 hours from the confirmation of the data in accordance with the "Purchase Process" section of these conditions. The price of the products includes VAT, transportation, and home delivery. For international shipments, the delivery time may be longer.

Shipments will be made to the address provided by the Customer in the registration process. The Customer will be responsible for the accuracy of the delivery address data. The chosen delivery schedule (morning or afternoon) will be indicative, and it cannot be guaranteed to necessarily occur at the preferred option. However, the Center will offer the Customer an alternative if delivery under the requested conditions is not possible. In case of any delay in shipments, the Customer must contact the Center as soon as possible so that it can offer a solution to the incident. To report such incidents, the Customer must use any of the contact methods in section 1 of these conditions.

The materials that may be included in the course (for example, briefcases, bags, pens, tablets, etc.) are considered as gifts and do not form part of the main educational services contracted by the student. Therefore, the company is not obligated to provide guarantees on the proper functioning of such products.

6. Withdrawal

In accordance with Article 9 of DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011, on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council, repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, the Customer may exercise their RIGHT OF WITHDRAWAL within 14 natural days from the date of formalization of the registration or, if applicable, from the date of receipt of didactic materials for distance learning training actions. The exercise of the right of withdrawal will not be subject to any formality, it is sufficient that the Customer communicates their will to the Center, within the aforementioned period, indicating their name, complete address, and, if available, their telephone number, fax number, and email address, using the withdrawal form available here and sending it to the email business@educa.university, or by returning the didactic materials received, indicating in the shipment their unequivocal statement of withdrawal and identifying the invoice number or personal data used in the registration to the following address: Weteringschans 165-C, 1017 XD Amsterdam.

When didactic materials have been delivered, the Customer must return them in perfect condition, and the COST OF RETURN will be BORNE BY THE CUSTOMER, as well as any damage to such materials.

Once the right of withdrawal has been exercised by the Customer, the refund of the amounts paid by the Customer will be made within a maximum period of 14 natural days, canceling the registration and the Customer's access to the tutoring service and online platform of the training action. However, notwithstanding the above, in the case of "distance" training actions, the Center may retain the refund of the amounts until it has received the didactic materials to be returned by the Customer.

If the Customer has completed the entire training action, having submitted the assessment tests to obtain the qualification on a date equal to or earlier than the date of their communication to exercise their right of withdrawal, such right shall not apply in accordance with art. 16, a) of DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011, on consumer rights.

8. Payment Methods

8.1. Accepted Payment Methods

  • Card: You can pay the total amount of your purchase by paying with your Visa or MasterCard, using the payment gateway. For the payment to be accepted by the system, it is essential to have the online payment option enabled on the credit card.

  • Bancontact

  • Ideal

  • Link

  • Sepa_debit

  • Paypal: You can pay for your purchases through the secure Paypal payment gateway directly integrated into our website.

  • SOFORT: Online bank transfer.

  • Apple Pay

  • Google Pay

  • Bank transfer: By choosing this payment option, you must pay the corresponding amount by bank transfer to the following current account:

    • Account Holder: EDUCA.UNIVERSITY, B.V

    • Bank: RABOBANK

    • IBAN: NL12 RABO 0339 2409 46

    • BIC/SWIFT: RABONL2U

  • The deposit of checks or similar in any of our bank accounts will not be accepted.

The price of each training action is shown on the individual sheet accessible on the Website without the need to provide data, registration, or prior enrollment. This price includes all applicable taxes and shipping costs, with the total amount to be paid by the Student. When offered in each training action, the total price may be subject to installment if the Student requests it when selecting the payment method, with a window appearing showing the installments depending on the total amount and the payment method. The installment does NOT involve interest or additional costs for the Student.

The installment payment will give you the option to choose the one that suits you best from our available payment options. As an Educa University subscriber, you will be charged once a month on the day you subscribed until you complete the selected installments. You have the flexibility to change plans or cancel your subscription online at www.educa.university at any time, or by phone _____________ or by email business@educa.university

When the Student requests complementary services from the Center, such as the management of internships in companies, at least 60% of the total price of the registration must be paid.

Once the fourteen days provided for the exercise of the right of withdrawal have elapsed - counting from the date of formalization of the registration - both the student and the person committing to payment, if such condition falls on a third party, are jointly obliged to pay the total amount of the contracted training action.

In the event of non-payment of an installment by the student, the Center is empowered to claim the entire debt, both the due and the pending. Also, bank or management expenses that may arise from the breach of the payment obligation will be added to the fee, with these expenses borne by the obligated persons.

Simply not paying the registration or any of the installments agreed with the Center, according to the due dates established for each payment method, may lead to the temporary suspension of the student's access to educational content and, if applicable, the cancellation of the registration and the effects that may have occurred, without the right to a refund.

As a condition precedent to enrolling in a new course or issuing titles or certificates, the Center requires settling the outstanding amounts corresponding to any previously enrolled training program, as well as late payment interest or bank and management expenses that may be due.

9. Intellectual and Industrial Property

All Intellectual Property Rights in and related to the Service will exclusively belong to Educa or its licensors. The Customer only acquires those usage rights that are explicitly granted in accordance with these Terms.

All usage rights granted to the Customer under the Subscription will be non-exclusive, non-transferable, non-sublicensable, and only granted for internal commercial use, until the Customer or Educa terminates them in accordance with these Terms.

All usage rights granted to the Customer are subject to the condition that the Customer has fully paid all applicable Fees with respect to the Subscription. If a periodic usage payment obligation applies, the Customer will have the right to use it as long as it continues to meet this periodic payment obligation.

The Customer is prohibited from removing or modifying any indication or credit of Intellectual Property Rights or confidentiality of the Service, websites, data files, documentation, or materials disclosed by Educa.

The Customer acknowledges and agrees that Educa may use the Customer's name, logo, and use case for marketing purposes.

10. Language

This contract is formalized in the English language. Educa may translate these conditions, as well as the privacy policy or any other operational rule, policy, or procedure that may be published on the Website. However, the English language version will prevail in case of conflict.

11. Data Protection

In accordance with the provisions of the General Data Protection Regulation (EU), we inform you that your data will be incorporated into the processing system of the Data Controller Educa University, B.V., (hereinafter, Company) with registered office at Weteringschans 165-C, 1017 XD Amsterdam, with registration in the Chamber of Commerce of the Netherlands: KVK 87142104 and VAT number: NL864215873B01, for the purpose of addressing your inquiries and complying with the general contracting conditions of the service. In compliance with current regulations, the Company informs that the data will be kept for the strictly necessary period to comply with the aforementioned provisions.

The Center informs that it will process the data lawfully, fairly, transparently, adequately, relevant, limited, accurate, and up-to-date. Therefore, the Company undertakes to take all reasonable measures to delete or rectify them without delay when they are inaccurate.

According to the rights conferred by current data protection regulations, you may exercise the rights of access, rectification, limitation of treatment, deletion, portability, and opposition to the processing of your personal data by directing your request to the postal address indicated above or to the email address lopd@educa.university

The processing of your personal data is legitimized, once you have given your consent, in accordance with article 6.1 letter a) of the General Data Protection Regulation. We inform you that you may revoke the consent given to receive commercial communications at any time by sending an email to the email address: lopd@educa.university

You may address the competent Control Authority to present the claim you consider appropriate.

12. Confidential Information

Without prejudice to any applicable non-disclosure agreement, any received Confidential Information will be kept confidential and will not be disclosed or used, except to the extent that such disclosure or use is reasonably necessary to fulfill any obligations under these Terms, or as explicitly allowed under these Terms.

The confidentiality terms of this clause will not apply to the disclosure of information that:

  • has been or is publicly available without breach of confidentiality provisions;

  • has been or is subsequently legitimately developed without, directly or indirectly, using Confidential Information, or obtained from independent sources free from any duty of confidentiality;

  • is required by any competent court or any competent judicial, governmental, supervisory, or regulatory body.

The burden of proof for asserting one of the exclusions lies with the Customer invoking this exclusion.

Upon termination of the training action, regardless of the reason for it, any Confidential Information will be destroyed without retaining any copy thereof, unless legal provisions (e.g., financial administration) require a longer retention, in which case the Customer must continue to observe security measures and confidentiality measures.

13. Applicable Law and Jurisdiction

These conditions are governed by the European framework legislation on data protection, namely, by the General Data Protection Regulation of the EU 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). In the event that the Customer has the status of a Consumer or User in accordance with the definitions of DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011, on consumer rights, the resolution of such possible disputes will be resolved before the Courts and Tribunals of the User's domicile.

In the event that any of the stipulations in this contract were declared null or ineffective, in whole or in part, by any court or competent authority, the remaining stipulations will retain their validity, unless the parties agree to terminate the agreement by mutual agreement. The covenants, clauses, and conditions that make up this document constitute the formal and definitive expression of the will of the parties, and they must be interpreted by attributing to the doubtful ones the meaning derived from the set of all, according to each other.

The user also has an online dispute resolution system managed by the European Commission through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

The Center has Complaint and Claim Forms, which are available to users who request them. To do this, they can send an email for this purpose to the email address: calidad@euroinnova.com

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