These conditions (hereinafter the "Conditions") govern the provision of Smartick training services, including the use of its platform (hereinafter, the "Services") through the web site located at address http://www.smartickmethod.com or any of its sections or sub-domains (hereinafter "website").
Services are provided by Sistemas Virtuales de Aprendizaje, S.L. (hereinafter "Smartick"), mercantile company incorporated in Spain and registered in the Mercantile Registry of Malaga, volume 4684, page 190, page number MA-102744, with N.I.F. number B-93020808 and registered office at Calle María Orueta 14, Urbanización El Olivar, 29140, Málaga. You can contact Smartick via email at firstname.lastname@example.org.
Services are acquired by the parent or guardian (hereinafter, the "Tutor"), on behalf of one or more students (hereinafter the "Students"), and a guardian may also be appointed to monitor each student (hereinafter the "Secondary Tutor").
In the event that there are special conditions or other specific rules for Smartick Services, those particular conditions or specific rules will prevail over these Terms to the extent that they are incompatible with each other.
By agreeing to the contract of Service the Tutor has read, accepted, and submits to these conditions.
1. Subject to the Conditions
Through these services, students can improve their skills in specific subjects through exercises that will adapt to their performance. By hiring these services, the Tutor will establish the conditions for participation of each student in the curriculum and students can perform daily exercises through the platform on the Website. In addition, the Guardian, and if applicable the Secondary Tutor, can track the status of students within the curriculum. The Tutor will receive notifications will the frequency and by the means chosen by the Tutor within the available times.
Services are provided in accordance with the information provided on the Website or otherwise by Smartick, and may be modified or deleted in whole or in part, at any time.
Unless otherwise stated, any amendment to the Services or any new service offered by Smartick in relation to them through the Web Site is subject to these Terms.
To use the Services, the Tutor, the Secondary Tutor and the Students must have access to Internet, pay the costs of such access, and be able to access the necessary equipment for this purpose. The Tutor is solely responsible for checking the functionalities of the Services, as well as the suitability for their needs, before undertaking the engagement.
To hire the Services, the Tutor must register themselves and any students who want to benefit from the Services.
The guardian must be an adult, but students may be minors. The Guardian states that they are legitimate and fully trained to represent the students and that they satisfy these conditions to register.
If desired, the Tutor can register a Secondary Tutor for the Student, who must also be an adult. The registration process will require the acceptance and agreement of the Secondary Tutor to these conditions.
The Tutor is committed to ensuring that all Students and Secondary Tutors affiliated with the account meet these conditions. The Tutor will be held responsible for all acts performed by Students and Secondary Tutors.
The Tutor agrees to provide all the information required for compulsory registration and to provide accurate, complete and current information about yourself, Students and Secondary Tutors. The Tutor guarantees the authenticity of all data communicated in the registry, including those for Students and Secondary Tutors. Similarly, it is the responsibility of the Tutor to keep this information updated in the appropriate manner. The Tutor is responsible for false or inaccurate information provided and any damage it may cause to Smartick. If the Tutor provides false information, or Smartick has reason to suspect that the data they have provided is false, outdated or incomplete, Smartick may suspend or terminate the registration and associated records of students and Secondary Tutors and provision of Services.
By registering, the Tutor, Secondary Tutor and Students agree to follow these rules:
- Where necessary, a valid email address must be provided. Keep in mind that these e-mail addresses will be used in case it is necessary to make any notifications to Tutors, Students or Secondary Tutors, as appropriate.
- Passwords must be confidential and not disclosed to others. Do not allow other users to access the personal account of the Tutor, Student or Secondary Tutor, nor should you use another user's account.
- The Tutor, Student or Secondary Tutor are responsible for all actions from your account. If you suspect that another user is using your account or the account of any other user, you should notify Smartick immediately.
- Smartick may suspend or terminate the account of the Tutor, Student or Secondary Tutor if they have been deemed to have breached these conditions.
Once Tutor registration is complete, a confirmation screen will appear and a confirmation email sent to the relevant address. However, the account will not be active until the activation process outlined in the email is completed.
3. Use of Services.
The Tutor, students and Secondary Tutors agree not to use the Service to perform or suggest activities prohibited by law or that may infringe third party rights.
The Tutor, Students and Secondary Tutors shall not interfere with the Services and, in particular, shall not impersonate another user or person.
4. Hiring of Services
Procedure for hiring of Services
When the Tutor wishes to hire these Services for a Students, the Tutor will register on the website, providing their personal data and stating a password.
Then, following the steps indicated by the Website, the Tutor must choose the desired contract option, payment period and payment method. Available discounts can also be applied.
Once you have completed the application form, we will send you a confirmation of contract summarising the details and the Tutor may agree by pressing the "Contract" button. Next, the welcome screen will allow you to provide additional data to facilitate the provision of services.
Once the subscription has been finalised, the contract for the provision of the Services will remain in force and will be renewed automatically for successive periods subsequent to those covered by the first payment or previous payments, with Smartick being able to make the corresponding charges, until its cancellation by the Tutor in accordance with what is indicated below in the section "Cancellation of Services".
The Tutor can change the configuration of the payment for the Service at any time through the account settings.
Sometimes Smartick will provide Services on a trial or evaluative basis in order to facilitate decisions made by the Tutor as to assessing the appropriateness of the acquisition of the Services, in which case the liability will not apply in terms of indications provided for that purpose by Smartick.
Right of withdrawal
The Tutor has the right of withdrawal from the contracting of services within fourteen working days of the commencement of the contract. However, the Tutor expressly agrees that, since the object of these Conditions are services, attending to the provisions of that legislation, whether the implementation of the Services begins before exercise of withdrawal in the previous term, and may not exercise that right.
Documentation relating to transactions
Smartick will confirm, via email to the address provided by the Tutor on the record, the subscription to the Services made for any student and the terms of the same.
These Terms and any particular conditions applicable to the Services may be stored by the Tutor during the hiring process. Smartick also saves an electronic copy of the conditions applicable to the contract for each contract and for a minimum period of three (3) years.
Price and Payment Methods
Prices shown on the website for the Services or any part thereof (eg monitoring notifications and incidents) will be applicable at all times.
Unless otherwise specified in the particular conditions of hiring the services, the price will include VAT that may be applicable, if any, to such services.
Smartick reserves the right to modify at any time the prices applicable to the Services. Such modifications will be posted on the Website and users duly notified.
The price for the services can be paid by direct debit, credit card or PayPal, for which the tutor must provide the necessary information requested.
The Tutor ensures proper use of the method of payment accepted by Smartick, that all information transmitted is correct and up to date, and agrees to pay the full price, including taxes.
Cancellation of Services
The Tutor can request cancellation of the Services to one or more of the students at any time. To do this, the Tutor must complete and submit the application form available on the Website. This application will only be effective once it has been verified by Smartick, no later than seven (7) days after receipt.
The cancellation request does not affect the services that have already been contracted and paid for, which the Tutor will continue paying for until the end of the period already contracted, nor will advance payments be returned.
Similarly, the Tutor may cancel the Secondary Tutor's access at any time.
5. Rights of the Services
The Tutor, the Students and the Secondary Tutors recognise that the elements and utilities within the Services, including its own content or content licensed to Smartick, are protected by legislation on intellectual and/or industrial property.
The Tutor, Students and Secondary Tutors acknowledge that the reproduction, modification, transformation, public communication or distribution, including but without limitation to, commercialisation, decompilation, disassembly, use of reverse engineering or other means to obtain the source code of the web site or applications available through the same means which the services are provided, constitutes an infringement of the rights of intellectual property, forcing them to therefore not take any of the actions aforementioned.
The Tutor, Students and Secondary Tutors agree to use the information and applications available through the Web Site solely for their own needs directly or indirectly and to not make any commercial use of these Services.
The Services may allow the Tutor, students and Secondary Tutors to upload content ("The Content"). All uploaded content is the sole responsibility of the person who created it and not Smartick. Smartick can modify or delete all or part of any Content that, in its view, violates these Terms or may be offensive, illegal or violate the rights of any third party. When they include Content, the Tutor, Student or Secondary Tutor grants Smartick the right to sublicense, on a non-exclusive worldwide scope, to use, reproduce, modify, transform, publish, distribute, delete or incorporate the content to the Website and the application through the which the Services are provided.
Subject to these conditions and payment of the established price for these Services, Smartick gives the Tutor, students and Secondary Tutors a nonexclusive, nontransferable licence to use the platform of the Web site only to receive the services and to the extent that they are entitled to receive them. Barring this licence, Smartick reserves all rights to intellectual property on the platform or other Services.
6. Responsibility of Smartick for the Services.
EXCEPT IN THE CASE OF TORTIOUS ACTION, AND THOSE PARTICULAR CIRCUMSTANCES THAT THE USER OR PURPOSE, RESULTING FROM APPLICATION AN IMPERATIVE LIABILITY REGIME, SMARTICK WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER BE GENERATED BY USER USING THE SERVICE.
The Tutor, Student or Secondary Tutor, where appropriate, agree to indemnify and protect Smartick and its subsidiaries, suppliers and their respective directors, shareholders, directors, employees, agents and representatives from any loss, liability, claim or damage including reasonable legal fees, resulting from, or arising related to the use, modification, misinterpretation or misuse by the Tutor, Student or Secondary Tutor of the Web Site, Services or its contents, including without limitation these conditions.
The Tutor, Student or Secondary Tutor, where appropriate, accept that Smartick may terminate your password, account (or any part thereof) or use of the Services, if Smartick believes you to have violated or acted contrary to the object or spirit of these Terms.
THE TUTOR, STUDENTS, AND SECONDARY TUTORS EXPRESSLY UNDERSTAND AND AGREE THAT:
- USE OF THE SERVICES IS AT YOUR OWN RISK.
- SMARTICK MAKES NO GUARANTEE THAT THE SERVICES WILL MEET THE REQUIREMENTS OF EACH USER; TO BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND THAT ANY ERRORS WILL BE CORRECTED.
Smartick may unilaterally stop providing the Services to a Tutor, Student, Secondary Tutor or all.
In cases of termination of the Services to a Tutor, Student or Secondary Tutor, particularly when there has been a breach of the Terms or any provision that is applicable, it will suffice to mere communication. The Tutor agrees that Smartick will not incur any liability as a result of the decision in these terms, nor shall Smartick repay any amount paid in advance.
Additionally Smartick may, at any time without incurring any liability, vary the content of the Website, the Services or the platform from which they are rendered, discontinue providing any or all services, disable or delete all or some accounts and information of all or some of the Tutor without further limitations than those established by the applicable laws on the obligation to keep records of certain transactions during the relevant statutory deadlines.
8. Applicable Law
The conditions are subject to the Spanish Law, except for where due to the condition of the user any other regulation is imperatively applicable.