Instituto Escalae, S.L. (the “Institute”) has set up the following platform for Internet users: TeachersPro (hereinafter “TEACHERSPRO” or the “Web Portal”) accessible at www.teacherspro.com (the “Website”).
Access to and/or use of TEACHERSPRO and any other website of the Institute referred to in these terms and conditions is entirely voluntary and attributes any party doing so the capacity of User. Upon access, every User is agreeing to these general terms and conditions of use (the “General Terms and Conditions”) and the “Data Protection Policy” of TEACHERSPRO. Accordingly, the User should read the aforementioned legal documents carefully before accessing the Website and using any service on it.
The User assures that he is of legal age and is accessing the Web Portal in his professional, teaching or other similar capacity; otherwise, the User should not access or use the Web Portal, and should specifically refrain from registering as a User.
Further general and legal information about the Institute and use of the Web Portal can be found in our legal notice.
These General Terms and Conditions regulate access to and use of the TEACHERSPRO Web Portal and the respective services, specifically the various functions, content, and continual improvement and learning methods (the “Service” or “Services”).
The purpose of TEACHERSPRO is to offer an online teaching learning process and a community of users interested in this education process and our new education platform where any user may improve their teaching skills and share and discuss this learning with their peers.
3. Account subscription
The subscription process takes place online via the Web Portal. Upon completion of the subscription process, the User shall receive an email confirming they have been subscribed at the address indicated by the User to this end (the “Confirmation”). Then, upon successfully entering into the contractual relationship, the User will benefit from the advantages specified on the Website for registered Users in “Open” mode. Their “Open” account will remain in effect until it is cancelled or until we terminate the account pursuant to stipulation 14 below.
A User registered in Open mode may subscribe to the TEACHERSPRO payment-based products specified on the Website and, in particular, upgrade to Premium mode by means of an annual subscription to payment-based services.
The registered User is informed and agrees that, pursuant to current regulations and on account of entering into an agreement for the provision of digital content not available in physical format, by entering into said agreement and being involved in the provision of an information society service (receiving confirmation from us via email about the completion of the agreement procedure) he shall not benefit from the right of withdrawal (the right of a consumer to waive a service–without there being just cause for this–or for the consumer to be reimbursed for the price paid) given that he will thenceforth be able to use the Services and functions of TEACHERSPRO.
Nevertheless, the User may cancel his registration at any time in accordance with stipulation 14, although this will not imply that the Institute is required to refund any payment made to it.
Users whose subscription to the Service is paid by a third party (or “Sponsored User(s)” and the “Sponsor” respectively), are informed and agree that, although they may have completed the subscription process with the exception of the steps relating to payment, provision of the Service shall be subject to the agreement between the Institute and the Sponsor and/or the instructions (for instance, ending the Service for specific Sponsored Users) received by the Institute from the Sponsor.
4. Certificate of studies
The Institute offers unofficial certification systems. The requirements and rules governing them, as well as their characteristics, can be reviewed on the Website.
The Institute reserves the right to refuse to issue certifications to Users that fail to meet the minimum requirements and, therefore, who fail to reach a suitable level in order to secure the certificate of studies.
The User undertakes to follow the study pace and make the most of the course, performing all activities outlined by the Institute within the deadlines specified.
5. Price, validity of offers and prices, payments
Subscription payment. Except for Sponsored Users, the User undertakes to make all payments applicable in due time and form as agreed in the subscription process for the respective products purchased (independent products or regular subscriptions).
The User agrees that, unless agreed otherwise, subscription prices and payments may be changed without retroactive effects: (a) by means of a notice being posted 30 days beforehand on the Web Portal and/or via email to the address designated upon registration (or the address designated by the User to this end on the Web Portal prior to the communication process); (b) in the event of changes to tax regulations applicable to the service price, automatically in relation to the impact of those taxes on the overall price to be paid by the User. If a User does not agree to the change, he should cancel his registration to the Service within the deadline stipulated.
Validity of offers. The subscription types offered on the Web Portal and the respective prices shall be available for purchase for as long as they are included in the catalogue of prices visible on the Web Portal. Prices shall be as stated on the Web Portal on the date of any specific order and they shall be valid unless any typing or computer error has occurred (especially obvious mistakes). Users are advised to review updates to the Web Portal to avoid falling into errors.
If at any time an error occurs in the price beyond the control of the Institute, it will be rectified as soon as possible. In the event of a typing error in any price advertised and if a User makes a decision on the basis of that error in good faith, he shall be informed of the error and be entitled to withdraw from his subscription at no cost. Offers shall be duly highlighted and identified as such, with the former price and the offer price suitably indicated.
VAT. Prices advertised by the Institute on the Web Portal are inclusive of value-added tax (VAT) as applicable in Spain, along with all other taxes, unless stated otherwise, and in all cases they shall be stated in euros (€).
Default. Lack of payment shall entitle the Institute to suspend the Service and access to the platform and, in all cases, to lodge a claim for payment. Likewise, in the event of reiterated failures to make payment or non-compliance with any obligations by a User, the Institute reserves the right to suspend the purchasing account, serving notice of this circumstance via email (to the email address designated by the User to this end upon registration or any address suitably designated for this purpose by the User).
E-invoice. The User has at his disposal a simplified e-invoice on his Web Portal account. The User expressly consents to having this e-invoice at his disposal as specified in this stipulation. If he wishes to receive an invoice in digital format or on paper, he may write to email@example.com to make a request in this regard.
Sponsored Users. This stipulation is not applicable to Sponsored Users while they continue to hold said capacity.
6. Rights and obligations of the Institute
The Institute undertakes to provide the Services to Users in a diligent, professional manner in keeping with and subject to the restrictions set out in these General Terms and Conditions.
The User accepts that, in technical terms, it is not possible for TEACHERSPRO to be available 100%. However, the Institute will endeavour to ensure availability of the Web Portal is as constant as possible. When particularly necessary owing to maintenance, security or capacity, or indeed on account of events that are beyond the Institute’s control (for instance, anomalies to public communication networks, power cuts, etc.) short anomalies may occur in the TEACHERSPRO Services or they may be briefly suspended.
The Institute reserves the right to change the design, layout and/or settings of the Web Portal, and of some or all Services, and to add new services without prior warning. Except under exceptional circumstances, the Institute shall not close or modify any module or learning function being used for teaching purposes without issuing prior notice.
At any time, the Institute may remove from TEACHERSPRO any content that breaches these General Terms and Conditions without the need for prior warning or justification.
At any time and without the need for prior warning or justification, the Institute reserves the right to suspend or refuse to allow access to TEACHERSPRO, and to cancel the registration as a User, terminating the contractual relationship, whenever Users fail to comply with these General Terms and Conditions or any specific terms applicable, notwithstanding the right to seek redress and compensation for any damages caused to the Institute or third parties as a result of such a breach.
The Institute is not required to provide other Users with data and/or information provided by a User when such data and/or information breaches legal provisions, these General Terms and Conditions or any specific terms applicable.
7. Obligations of Users
The User undertakes to make diligent, fair use of TEACHERSPRO and the Services available on the Web Portal under his responsibility and subject to the law, good conduct and these General Terms and Conditions and, if applicable, any specific terms applicable, and to fully respect other Users as appropriate.
Registration. Use of most of the Institute’s TEACHERSPRO Services and functions is subject to User registration following completion of the respective form and setting up the User account, choosing an identifier (ID or login name) and a password which the User undertakes to keep safe and use with due diligence. Registration shall take place as specified in the specific service.
User account. Use of the User account (the “User Account”) is personal and non-transferable, whereby it shall not be permitted to assign the account to third parties, even temporarily. In this respect, the User shall adopt all measures needed to safeguard his chosen password, preventing third parties from using it. Accordingly, the User shall be the sole person responsible for use of his password and shall hold the Institute free from any liability in this regard. If the User is aware of or suspects that his password is being used by third parties, he should inform the Institute straight away.
User information. All information provided by registered and guest Users via the services available on TEACHERSPRO should be true, precise and complete. To this end, the User particularly guarantees the authenticity of all data disclosed when filling in the forms needed to subscribe to the Services. Likewise, the User shall be responsible for keeping all information and content submitted to the Institute constantly up-to-date to ensure at all times that it reflects the User’s actual circumstances. In any event, the User shall be the sole party liable for untrue or inaccurate statements made and any detriment caused to the Institute or third parties as a result of the information provided.
User conduct. The User undertakes to adhere to all applicable laws, these General Terms and Conditions and any specific terms applicable, as well as the rights of third parties when using the content and services available on TEACHERSPRO. Likewise, it is not permitted to reproduce, distribute, transfer, adapt or modify the content of the Web Portal (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.) and other elements of the Web Portal in any way or using any medium without authorisation in advance from the legitimate owners (it is necessary to note that at times TEACHERSPRO points out that content may be shared, for instance, stating that it may be shared under open Creative Commons licenses) or unless permitted by law to do so.
Notwithstanding the general obligations applicable, Users are not allowed to engage in the following actions:
Post abusive and libellous content, regardless of whether it affects other Users, individuals or companies.
Post content that breaches the fundamental rights of individuals, seeks to take advantage of weaknesses of other Users, exerts a lack of courtesy online, causes disturbance or may give rise to negative opinions against our Users or third parties.
Post content that runs counter to the principles of legality, integrity, responsibility, protection of human dignity, fundamental rights and/or human rights, protection of children, protection of public order, protection of private life and personal data, consumer protection and the intellectual and industrial property rights of the Institute or third parties.
- Cause disturbance to other Users (particularly with spam).
Use legally protected content (i.e., protected by legislation concerning intellectual property, trademarks, patents, utility models or aesthetic models) without being entitled to do so, or engaging in advertising for, offering or distributing legally protected goods or services.
Fail to use TEACHERSPRO in a diligent manner or using it in bad faith (for instance, assessing the activity of other Users in an arbitrary manner or using fraudulent agreements).
Engaging in or promoting actions that run counter to free competition, including those aimed at gradually securing clients (such as chain, snowball or pyramid schemes).
Use mechanisms, software or scripts in relation to the use of TEACHERSPRO.
Block, overtype, modify or copy, unless necessary to correctly use the Services and the Website. For example, copying using “Robot/Crawler” search technologies is not necessary in order to correctly use the Services on the Web Portal; accordingly, it is strictly forbidden.
Disseminate and publicly reproduce the content of TEACHERSPRO or other Users without prior permission.
Engage in any action liable to cause detriment to the operation of the technical infrastructure and connections of TEACHERSPRO and, in particular, likely to cause an overload.
In general, use any of the materials or information posted on TEACHERSPRO for unlawful purposes or for purposes expressly prohibited in these General Terms and Conditions or any specific terms applicable, or which run counter to the rights and interests of the Institute and the Services of TEACHERSPRO, its members and/or third parties.
Confidentiality. The User undertakes to maintain strict confidentiality with respect to the content and data of the Institute or its Users to which the User gains access within the Web Portal and to not disclose it to third parties or use it for any other purpose than to take part in the Web Portal. An exception shall be made for data that is not classified as personal and for which it may easily be deduced that the content or data is not confidential (i.e., public content or data, links to online open content and pages or content clearly designed to be shared with guest Users).
Responsibility. The User is aware and voluntarily accepts that use of the Service takes place under his sole and exclusive responsibility. Any User who breaches these General Terms and Conditions or any specific terms applicable and/or who in any way (including the introduction or spreading of computer viruses) damages, renders unusable, overloads, deteriorates or hinders regular use of the materials and information included on TEACHERSPRO, the information systems or documents, files and all other content stored on any computer equipment (hacking) belonging to the Institute, its members or any other User of TEACHERSPRO, shall be liable with respect to those parties and pay compensation for any damages caused.
8. Content submitted by TEACHERSPRO Users
The User assigns to the Institute on a non-exclusive basis the rights for the reproduction, public disclosure, distribution and transformation via the interactive forums on TEACHERSPRO of any User Content worldwide and throughout the entire legally established protection period and for all purposes possible (in particular, although not exclusively, for providing and managing the Service). The assignment of rights also includes the use of all these materials for teaching purposes and the posting thereof on virtual public forums in which the User engages on TEACHERSPRO. This licence shall expire when the User cancels his registration, notwithstanding a back-up copy of User Content that is saved by the Institute for the legally stipulated period.
Notwithstanding the prohibitions set forth above, the Institute does not allow the distribution or disclosure of User Content that causes detriment to the quality of the Service or does not meet the quality standards stipulated on TEACHERSPRO.
The Institute does not monitor or supervise User Content. Nevertheless, the Institute reserves the right to remove content that it does not deem suited to the characteristics and purposes of TEACHERSPRO or any material that breaches these General Terms and Conditions or any specific terms applicable (in particular, although not exclusively, User Content that has been reported). If the Institute needs to remove content belonging to a User, the Institute may also terminate the contractual relationship with the User or temporarily and/or partially suspend said User’s access to the Services.
If content uploaded on TEACHERSPRO is deemed to breach this regulation, please contact us in accordance with the provisions of section “10. Notifications”, below.
9. Intellectual and industrial property rights
With the exceptions expressly stated in these General Terms and Conditions and any specific terms applicable or in Creative Commons licences linked to specific content, all intellectual and industrial property rights relating to the content of TEACHERSPRO and/or available on or via this Web Portal are reserved.
The texts, designs, images, databases, logos, structure, trademarks and other elements of TEACHERSPRO 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 disclosure or other form of use of all or part of the content of TEACHERSPRO in any way and using any electronic, mechanical or other medium shall be strictly forbidden, unless prior written permission has been given by TEACHERSPRO or the third party owners. Any breach of these rights may give rise to civil or criminal judicial and extrajudicial proceedings as applicable.
1o. Notifications and reports
For the purposes of preserving the potential rights of the Institute or third parties, if a User or a third party considers that their rights or those of third parties have been breached or if a general breach of these General Terms and Conditions or any specific terms applicable has been made owing to the posting of specific content on TEACHERSPRO, the User or the third party should notify us of this circumstance by writing to Instituto Escalae, S.L., with tax ID code B-65809667 and registered office at C/ Numancia, no. 185, 2o 2a, 08034 Barcelona, with email address firstname.lastname@example.org, specifying (with email subject “Legal breach”):
– The identification and an indication of the purportedly unlawful content (by specifying a URL or using another means of localising the content).
– An explanation or justification as to why it is deemed unlawful or a breach.
– If applicable, the identification details of the interested party that holds the purportedly breached rights. If the claim is lodged by a third party not related to the interested party, the representative capacity in which the former is acting should be specified.
– Certification of the existence, ownership and effectiveness of the aforementioned breached rights.
– An express statement saying that the interested party is responsible for the veracity of the data and information provided in the notification referred to in this section.
– Signature and contact details (preferably email and/or telephone number).
The User also has the option of issuing the aforementioned notification using the “Report” button, the operation of which is specified at the following link.
In both cases, the Institute undertakes to investigate the matter specified in the notification (hereinafter, the “Report”) and shall notify the reporting User and the reported party, if applicable, in order to solve the matter as effectively as possible, endeavouring as far as possible to preserve and defend its own rights and the rights of Users and third parties. In any event, the Institute reserves the right to remove any reported content, either temporarily or permanently, at its discretion.
11. Guarantees and liability
The Institute. The Institute does not undertake to monitor User Content or User activity on TEACHERSPRO. Accordingly, it may not provide any guarantees whatsoever in relation to said content.
With the exception of those cases specifically described in these General Terms and Conditions and the remaining regulations governing TEACHERSPRO, the Institute solely accepts liability for direct (consequential) damages and, to the extent permitted by current legislation, it holds itself free from liability for indirect damages (expectation loss) that may be due to a lack of preciseness, incomplete or out-of-date information, as well as errors or omissions in the information and services provided by the Institute accessed via its Web Portal.
The Institute accepts no liability whatsoever:
For content, data and/or information provided by Users of the Web Portal, in particular although not limited to opinions expressed by Users and the actions of Users on the Web Portal, forums, communities and other opinion and participation tools; or
For the content of external websites to which links are provided. In particular, the Institute provides no assurance of the veracity of such content, or indeed that it does or may serve a specific purpose.
The Institute provides no assurance of the availability, continuity or infallibility of the operation of the Web Portal and, accordingly, to the extent admissible by current legislation, it holds itself free from liability for all manner of damages occurring owing to the lack of availability or continuity in the operation of TEACHERSPRO and the Services enabled on said platform, or indeed for errors in access to the various websites or those via which the Services are provided, if applicable.
The Institute accepts no liability whatsoever for non-execution or a delay in execution of any of the obligations taken on by virtue of these General Terms and Conditions if the lack of or delay in execution is a result of force majeure or unforeseen circumstances, accepted as such by jurisprudence.
12. Links to third party web pages
Within its content, TEACHERSPRO includes links to websites belonging to and/or managed by third parties in order to facilitate access to information made available via the Internet.
The Institute accepts no liability for the existence of links within the content on this Website and content elsewhere or any other mention of content external to this Website. Such links and mentions shall be for information purposes solely and under no circumstances do they imply the support, approval, marketing or a relationship whatsoever between the Institute and the management and/or author individuals and entities of such content or the owners of the websites where it is located.
13. Breach by the User and indemnity
If the User fails to comply with these General Terms and Conditions and/or applicable legal regulations:
The User shall indemnify and hold the Institute and any other User or injured third party free from liability for any claim, responsibility, losses, damages, costs and expenses (including lawyers’ fees) arising from any claim as a result of such breaches.
The Institute reserves the right to cancel and/or remove User Content, expel the User and deny him access to TEACHERSPRO, as well as to terminate the contractual relationship with the User and cancel his registration, without the User being entitled to lodge any claim for compensation whatsoever, with the Institute likewise being empowered to claim the pertinent compensation.
General. The User may cancel his registration at any time using the process specified on the Web Portal. Alternatively, he may send an email to the Institute at email@example.com, enclosing a copy of his ID document, which will be verified by the Institute before proceeding to cancel his registration.
The Institute may terminate contractual relationships with its Users under the following circumstances:
– When it suspends all its Web Portal Services, at its discretion, giving at least 30 days’ forewarning.
– Owing to a breach of these General Terms and Conditions by the User, issuing the non-compliant User with notice via email.
– When required to do so owing to a judicial or administrative order.
Upon the termination of the contractual relationship (with one or more Users), the Institute will remove all User Content provided by said User(s) with the exception of content that may not be removed by the Institute owing to technical reasons or owing to the continuity or continued use of content and material available on the platform (discussion threads, materials displayed and commented on by third parties, events or material shared among several Users, etc.). In this latter case, the Institute will endeavour reasonably to assure the anonymity of the content of the respective User(s) when such content remains on the Web Portal.
Specifications relating to Sponsored Users. Notwithstanding the foregoing, whenever a Sponsor ceases to cover his Service (definitively or temporarily), the Sponsored User accepts that the Institute may preserve his details for the purposes of continuing to provide the Service to him. The system will automatically display the price and methods of payment available in order to continue to receive the Service. If the User (hitherto Sponsored User) personally takes up the obligation included in stipulation 5 “Price, validity of offers and prices, payments”, he shall continue to benefit from the Service. If the User does not meet this obligation, the Institute may terminate all contractual relationships with him.
It should be noted that the Institute is not required to offer a trial period in these cases as the User is already familiar with the Service.
15. Applicable legislation and jurisdiction
These General Terms and Conditions and the remaining terms of the Web Portal shall be governed by Spanish legislation, notwithstanding any mandatory law in any other jurisdiction where the User (consumer) is based.
In the event of any issue arising or actions being brought on account of the Services provided and content of TEACHERSPRO and in relation to the construal, application, compliance or non-compliance with the provisions set out herein, the Institute and the User:
shall under all circumstances both undertake to seek to solve the matter amicably. To this end, you may submit your complaint to us at the email address firstname.lastname@example.org with the subject “claim”.
if the User is a consumer and the law determines that a specific jurisdiction shall be applicable, the parties shall submit to said jurisdiction.
if the above circumstance is not applicable and no mandatory law stipulates otherwise, the parties submit to the jurisdiction of the law courts of Barcelona, with express waiver of any other jurisdiction to which they may have recourse.
Likewise, the European Commission provides consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/
Any further questions?
In the event of any query in relation to these General Terms and Conditions, please contact the Institute via email at the address email@example.com.