terms and Conditions
BSITE TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What’s in these terms?
These terms tell you the rules for using our website traincult.com (our site). If you do not agree to these terms of use please do not use our site. By continuing to use our site you indicate that you agree to comply with these terms and that you accept them.
Who we are and how to contact us
traincult.com is a site operated by Trainig Culture.
To contact us, please email info@traininigculture.es
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy. See further under How we may use your personal information.
- Our Cookie Policy, which sets out information about the cookies on our site.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 03/9/2023.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. If you are a member of our community we will notify you by email when a change is made.
We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
– any part of our site;
– any equipment or network on which our site is stored;
– any software used in the provision of our site; or
– any equipment or network or software owned or used by any third party.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us on info@trainingculture.es.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms of Service.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our site; or
– use of or reliance on any content displayed on our site. - In particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact info@trainingculture.es.
Our trade marks are registeredTraining culture, TRAINCULT and TC are United States and SPAIN registered trademarks.
General Conditions of www.traincult.com
These Conditions regulate
the use of this Application, and, any other related Contract or legal relationship entered into with the Registrant
in a legally binding manner. Capitalized words are defined in the specific corresponding section of this document.
Users should read this document carefully.
This Application is offered by:
TrainCult
Holder’s contact e-mail address: info@trainingculture.es
Information about this Application
Online training programming.
What the User should know at a glance
Please note that some provisions of these Terms and Conditions are only applicable to certain categories of Users. In particular, certain provisions shall only apply to Consumers or to Users who do not fall into the category of Consumers. Such limitations are always expressly mentioned in each of the clauses to which they refer. In the absence of any such mention, the clauses shall apply to all Users.
The right of withdrawal is only applicable to European Consumers.
This Application automatically renews subscriptions to Products. Information on (a) the renewal period, (b) details on cancellation, and (c) notice of cancellation can be found in the relevant section of these Terms.
TERMS AND CONDITIONS OF USE
Unless otherwise stated, the terms of use detailed in this section shall apply generally to the use of this Application.
In specific situations, individual or additional conditions of use or access may apply and in such cases they will be additionally indicated in this document.
By using this Application, Users confirm that they meet the following requirements.
There are no restrictions regarding Users in the sense that they are either Consumers or Professional Users;
Content in this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes to act with the utmost diligence to ensure that the contents provided in this Application do not infringe any legal provision or violate the rights of third parties. However, it will not always be possible to achieve this objective.
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are requested to communicate complaints in this regard using the contact details provided herein.
Rights relating to the contents of this Application
The Proprietor reserves all intellectual property rights over all such content.
Accordingly, Users may not use such content in ways that are not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works of the content available on this Application, or allow any third party to do so through the User or its device, even without the User’s knowledge.
Where expressly stated in this Application, the User may download, copy and/or share any content available through this Application solely for personal and non-commercial use and provided that the copyright acknowledgements and all other acknowledgements requested by the Owner are properly made.
The limitations or exceptions to copyright established by law shall not be affected.
Access to external resources
Through this Application, Users may access external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions applicable to resources provided by third parties, including those applicable to any potential grant of rights in the content, are derived from the terms and conditions of such third parties or, in the absence of such terms and conditions, from applicable law.
Acceptable uses
This Application and the Service may only be used within the scope for which they are provided, subject to these Terms and applicable law.
Users shall be solely responsible for ensuring that their use of this Application and/or the Service does not violate any law or regulation or infringe any third party rights.
Accordingly, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, reporting inappropriate conduct carried out through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever it suspects that Users are violating any law or regulation, infringing third party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Commercial use restrictions
Register or use this Application to promote, sell or otherwise advertise products or services of any kind;
Indicate or attempt to imply in any way that a User has a privileged relationship with this Application or that this Application recommends the User, the User’s products or services or the products or services of any third party for any purpose;
TERMS AND CONDITIONS OF SALE
Provide personal data
In order to access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated in this Application.
Paid products
Some of the Products provided in this Application, as part of the Service, are provided in exchange for consideration.
The rates, duration and conditions applicable to the purchase of such Products are described below and in the specific sections of this Application.
Product description
Prices, descriptions or availability of the Products are detailed in the corresponding sections of this Application and may be subject to change without notice.
Although the Products in this Application are presented as closely as technically possible, the representation in this Application by any means (including, as applicable, graphical materials, images, colors or sounds) are intended for reference purposes only and do not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the chosen Product will be described during the purchase process.
Purchasing process
All the steps taken from the selection of a Product to the shipment of the order are part of the purchase process.
The purchase process includes the following steps:
Users must choose the Product they want and check their purchase selection.
After having reviewed the information shown in the purchase selection, Users will be able to place the order by sending it.
Order shipment
When Users place an order, the following clauses apply:
The placing of an order determines the conclusion of the contract and, therefore, obliges the User to pay the price, taxes and all possible commissions and additional expenses, as indicated on the order page.
In the event that the Product purchased requires an action on the part of the User, such as providing personal information or data, specifications or special wishes, the placing of the order shall oblige the User to cooperate in this regard.
Once the order has been placed, Users will receive a voucher confirming receipt of the order.
All notifications relating to the purchase process described above will be sent to the e-mail address provided by the User for this purpose.
Prices
Users will be informed, during the purchase process and prior to shipment of the order, of all commissions, fees and costs (including, if applicable, shipping costs) to be paid.
The prices in this Application are displayed:
either including or excluding all applicable commissions, fees and costs, depending on the section being consulted by the User.
Methods of payment
Information regarding accepted payment methods will be provided during the purchase process.
Some payment methods will only be available subject to additional conditions or fees. In such cases, information regarding these can be found in the specific section of this Application.
All payments are processed independently through third party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If the payment through the available methods fails or is denied by the payment service provider, the Holder shall have no obligation to execute the purchase order. If a payment fails or is denied, the Holder reserves the right to claim from the User all costs or damages related thereto.
Retention of rights of use
Users shall not acquire any right to use the purchased Product until the Holder has received the purchase price in full.
Delivery
Provision of services
The contracted service will be rendered or provided within the time specified in this Application or as communicated prior to shipment of the order.
Duration of contract
Subscriptions
Subscriptions allow Users to receive a Product on a continuous or periodic basis over time. Details depending on the type of subscription and cancellation are described below.
Automatic extension of subscriptions
At the end of the initial term, subscriptions will be automatically extended for an unlimited period, unless cancelled by the User before the end of the initial term.
The fee to be paid for the extension will be charged through the payment method chosen by the User during the purchase.
If after the attempts to pay the subscription the subscription is cancelled for any reason, the User must register again if he/she wants to continue enjoying the services and must also pay the proportional part for the days enjoyed. This credit will be added to your account as a debit balance and you will be charged for the next extension.
After its extension, the subscription will have an indefinite duration and can be cancelled on a month-to-month basis.
Cancellation
Extended subscriptions may be cancelled at any time by sending the Registrant a clear and unequivocal cancellation notice using the contact details indicated herein, or – if applicable – using the corresponding options within this Application.
If the Registrant receives notice of cancellation before the end of the current month, the subscription will expire at the end of that month.
User Rights
Right of withdrawal
Unless an exception applies, Users may withdraw from the contract within the period indicated below (for services with a free trial week, within that week; for services without a trial week, the period will be one week), for any reason and without justification. Except for the nutrition service, which has a time limit until the first online consultation. Users can obtain more information about the cancellation conditions in this section.
To whom is the right of withdrawal applicable?
Unless an applicable exception is mentioned below, Users who are
European consumers enjoy a statutory right of cancellation under EU law, which allows them to withdraw from contracts concluded online (distance contracts) within the specified period applicable to them, for any reason and without giving any reason.
Users who do not fall into this category will not be able to enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, Users must send to the Holder an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may send an e-mail notice of withdrawal or through this application. However, Users are free to express their intention to withdraw from the contract by making an unequivocal statement in any other appropriate manner. In order to meet the deadline within which this right must be exercised, Users must send the notice of withdrawal before the withdrawal period expires.
When does the withdrawal period end?
With regard to the contracting of a service, the withdrawal period shall expire 7 days from the day on which the contract is concluded, unless the User has waived his right of withdrawal.
Effects of withdrawal
The Holder shall reimburse Users who properly withdraw from a contract for all payments made to the Holder, including, if applicable, those used to cover shipping costs.
However, additional costs arising from the choice of a particular shipping method other than the least expensive standard shipping method offered by the Holder will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 7 days from the day on which the Holder is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds shall be made using the same means of payment used to process the initial transaction. In any case, the User will not incur any costs or fees as a result of such reimbursement.
…on the contracting of services
When a User exercises the right of withdrawal after having requested that the service be provided before the expiration of the withdrawal period, the User shall not be required to pay the Proprietor any amount.
Liability and disclaimer
Unless otherwise expressly stated or agreed with Users, the Holder’s liability for damages relating to the performance of the Contract is excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Exemption from liability
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, officers, agents, co-branders, partners and employees from and against any claim or demand – including, without limitation, attorneys’ fees and costs – made by any third party due to or arising out of a negligent violation of these Terms, the rights of third parties or the provisions of law relating to the use of the Service by the User or its affiliates, officers, directors, officers, agents, co-branders, partners and employees to the fullest extent permitted by applicable law.
The foregoing also applies to any claims brought by third parties (including, but not limited to, the Registrant’s customers or consumers) against the Registrant relating to Digital Products supplied by the User such as, for example, claims relating to conformity.
Limitation of liability
Unless expressly provided otherwise and without prejudice to the applicable law, the User may not claim damages against the Holder (or any natural or legal person acting on its behalf).
The foregoing shall not apply to damages affecting life, health or physical integrity, damages resulting from breach of substantive contractual obligations, such as any obligation that is strictly necessary to achieve the purpose of the contract, and/or to damages resulting from willful misconduct or gross negligence, provided that the User has used this Application properly and correctly.
Unless the damage was caused by intent or gross negligence, or affects life, health or physical integrity, the Contractor shall only be liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.
Common provisions
No waiver
Failure to exercise any right or to invoke any provision under these Terms shall not constitute a waiver of such right or such provision. No waiver shall be deemed to constitute a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible level of service, the Proprietor reserves the right to interrupt the Service for maintenance work, system upgrades or any other changes, adequately informing the Users.
Within the limits of the law, the Proprietor may also decide to suspend or stop providing the Service altogether. If the Service ceases to be provided, the Proprietor shall cooperate with Users to allow them to remove Personal Data or information and shall respect Users’ rights regarding continued use/continued use of the product and/or compensation, as provided by applicable law.
Also, the Service may be unavailable due to reasons beyond the reasonable control of the Holder, such as “force majeure” (e.g. infrastructure breakdowns or power outages, etc.).
Service Resale
Users shall not reproduce, duplicate, copy, sell, resell or exploit any part of this Application and its Service without the prior express written permission of the Owner, granted either directly or through a legitimate resale program.
Privacy Policy
For more information about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Intellectual property rights
Notwithstanding any more specific provisions of these Terms, intellectual property rights, such as copyrights, rights derived from trademarks, patent rights and design rights relating to this Application are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks – whether word or graphic – and any other trademarks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with this Application are and shall remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
Changes to these Conditions
The Proprietor reserves the right to change or otherwise modify these Terms at any time. In such cases, the Holder will adequately inform Users of such changes.
Such changes shall only affect the relationship with Users as of the date communicated to Users.
Continued use of the Service will indicate acceptance by Users of the modified Terms. If Users do not wish to be bound by these changes, they should cease using the Service and may terminate the Agreement.
The applicable prior version will govern the relationship prior to User acceptance. Users may obtain any previous version from the Holder.
If required by law, the Registrant will notify Users in advance of the date on which the modified Terms will become effective.
Assignment of the contract
The Proprietor reserves the right to transfer, assign, dispose by novation or subcontract any of the rights or obligations established under these Conditions, taking into account the legitimate interests of the Users.
The provisions relating to changes to these Conditions shall apply mutatis mutandis.
Users may not assign or transfer their rights or obligations under these Terms in any way, except with the written permission of the Owner.
Contact
All communications regarding the use of this Application should be sent using the contact details indicated in this document.
Possibility of separating a layout
In the event that any provision of these Conditions shall be declared or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.
U.S. users
Any such invalid or unenforceable provisions shall be construed and modified to the extent reasonably necessary to make them valid, enforceable and consistent with the original intent. These Terms constitute the entire Agreement between Users and Owner with respect to the subject matter hereof and supersede all other communications, including, without limitation, all prior agreements between the parties relating to the same subject matter. These Terms shall be enforced to the fullest extent permitted by law.
European Union users
In the event that any provision of these Terms and Conditions is void, invalid or unenforceable, or is declared as such, the parties shall use their best efforts to amicably agree upon valid and enforceable provisions to replace the void, invalid or unenforceable portions.
In the event that such an agreement is not reached, the void, invalid or unenforceable provisions shall be replaced by the applicable provisions established by law, if the applicable law so permits or so provides.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Conditions shall not invalidate the Contract as a whole, unless the provisions that are severed are essential to the Contract, or are of such importance that the parties would not have concluded the Contract if they had known that such provisions would be invalid, or in cases where the remaining provisions would give rise to unacceptable hardship for either party.
Applicable Law
These Terms and Conditions are governed by the laws of the place where the Registrant has its registered office, as stated in the relevant section of this document, without regard to principles of conflicts of laws.
Primacy of national law
However, without prejudice to the foregoing, if the law of the country in which the User is located establishes higher applicable consumer protection standards, such higher standards shall prevail.
Exceção para Consumidores no Brasil
If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian legislation will be applied.
Jurisdiction
The exclusive jurisdiction to resolve any dispute arising out of or in connection with these Conditions shall be vested in the courts of the place where the registered office of the Holder is located, as indicated in the relevant section of this document.
Exception for consumers located in Europe
The above provisions shall not apply to Users who fall into the category of European Consumers, nor to Consumers resident in the United Kingdom, Switzerland, Norway or Iceland.
Exceção para Consumidores no Brasil
The above does not apply to Users in Brazil who qualify as Consumers.
Definitions and legal references
This Application (or this Application)
The property that allows the provision of the Service.
Contract
Any legal or contractually binding relationship established between the Owner and the User, regulated by these Conditions. Brazilian (or Brazil)
It is applicable when a User, regardless of nationality, is located in Brazil.
Professional user
Any User who does not fall into the category of Consumer.
Digital Product
It is a Product consisting of:
content produced and provided in digital format; and/or a service that allows the creation, processing, storage or access to data in digital format or sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this Application.
European (or Europe)
It is applicable when a User, regardless of nationality, is located in the EU. Model withdrawal form
*To the attention of:
TrainCult info@trainingculture.es
I/We hereby give notice of my/our intention to withdraw from my/our contract for the purchase/sale of the following goods/for the provision of the following service:.
_____________________________________________ (insert a description of the goods/services to which the corresponding waiver refers)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name(s) of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________ Date: _____________________________________________
(sign if communicating this form in paper format)
Titleholder (or We)
Designates the natural or legal person that provides this Application and/or the Service to Users.
Product
A good or service available for purchase or hire through this Application, such as tangible goods, digital files, software, booking services, etc.
The sale of Products may be part of the Service, as defined above.
Service
The service provided by this Application as described in these Terms and in this Application.
Conditions
All provisions applicable to the use of this Application and/or the Service as described herein, including all other related documents or agreements and as updated from time to time.
User (or You)
Designates any natural or legal person using this Application.
Consumer
A Consumer is any User who is so deemed under applicable law.
Last revision: November 8, 2023
