Conditions of use and contracting
Last update: August 29 of 2020
This site is owned and operated by Beauty Digital School. SL (hereinafter Berstiy), with address at Calle Passerell 3 bjs, 07011 Palma de Mallorca, Illes Balears, Spain.
Beauty Digital School SL. is registered in the Mercantile Registry of Palma de Mallorca, Volume 2854, Book 0, Folio 181, Page PM-88799, Entry 1.
When you use the Service, you agree to our terms and conditions and you agree not to use the Service for illegal purposes.
On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized. You can access these documents at any time by requesting it at: firstname.lastname@example.org
3.- Description of the Service
Berstiy is an Online School for the beauty sector which, among other things, allows the user to receive professional training on makeup, hairdressing, barbering, aesthetic treatments, management and marketing for hairdressers and beauty salons.
Through the Service, Bersity allows the contracting of different training modalities:
In addition, whether you are a natural person or a company, you can contract the different paid training courses that are offered on our website. The amount of the same will be paid independently of each other or you can also subscribe to have access to all the courses that are offered on the platform.
The language in which the contract between Bersity and the buyer will be concluded will be Spanish.
Likewise, Berstiy also has an Affiliate program, subject to the Conditions of Use and Contract for Affiliates.
The contracting process for a course, pack or subscription will be as follows:
You select the course, pack or subscription that you want to hire.
In any case, you must be registered or proceed to register on the website with a username and password.
Once registered you will proceed to make the payment by entering your personal data and payment data. The acceptance of the Conditions of Use and Contracting and the button to confirm the purchase will also be presented in this phase.
At the end of the course, in case of having passed the requirements that are demanded for each case, a certificate will be issued in the name of the client.
Once the contract has been made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address you have indicated. It will indicate the contracted product, its amount, the payment method and the applicable terms and conditions.
In any case, you can always request it at: email@example.com
Users agree to use the Service in accordance with current legislation and the terms and conditions of the platform.
Similarly, users agree not to collect data for advertising purposes, send advertising of any kind or communications for sales purposes or others of a commercial nature. Nor may you make available to third parties, for any purpose, data collected in the Service.
In case of non-compliance with these obligations, users must respond to them.
In the same way, in case of damaging, rendering useless, overloading, deteriorating or preventing the normal use of the materials and information contained in the Service, the information systems or the documents, files and all kinds of content stored in any computer equipment of the Service, of its members or any user of the Service.
If you purchase a subscription to the Service, it may be monthly, quarterly, semi-annually or annually, for the amount stated on the website itself and will be automatically renewed for the same period of time until it ends.
Unless you cancel your subscription, you authorize us to charge the applicable subscription fee to your payment method.
You can cancel your subscription to the Service at any time, and you will continue to have access to the Service until the end of your billing period. To the extent permitted by law, payments are non-refundable and we do not provide refunds or credits for full or partial subscription terms.
Finally, if you work for a company or business and want to make several subscriptions at the same time, please contact us to find out if there are existing discounts for this modality in firstname.lastname@example.org
4.- External links
You may be directed to other websites through links from the Service.
However, Bersity does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, Bersity is not responsible for the quality, veracity or accuracy of those sites.
Regarding the use of the Service, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement, and use it in accordance with its terms and conditions, which you fully understand and acknowledge.
If you contract the Service on behalf of a company, you acknowledge that you have authorization and adequate representation on behalf of the organization to do so.
You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
6.- Intellectual and industrial property
The content and information of the Service (among other data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is owned by Bersity or has the corresponding authorizations for its use. .
In addition, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service is prohibited.
For any other use of the content of the Service you need our prior written consent.
7.- User Content
You can contribute to the Service by sending us messages to our email address, through the contact form, leaving comments on our articles, publishing reviews and ratings, participating in our discussion forum or sending messages through the platform's messaging system. (hereinafter "Content").
We may use your Content in a variety of ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting or distributing it.
Therefore, by submitting Content to us, you grant Bersity a worldwide, non-exclusive, free, transferable and sub-licensable license to use that Content.
That means that the content remains yours but Bersity, thanks to that license of use, can: to) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display and exhibit it throughout the world, by any known means and for any legitimate purpose; and b) use the name you submit in connection with that Content.
However, Bersity reserves the right not to publish content or information that is false or contrary to the rights of third parties.
7.2.- Prohibited activities
In addition, you agree not to do any of the following acts:
to) Access, monitor, or copy content or information on this website through the use of robots, crawlers, data scrapers, or any other automated means to access, crawl, index, retrieve, or otherwise use the website or its content to any purpose without the express written permission of Bersity;
b) Embed, mirror or otherwise incorporate any part of this website into another website without our prior written permission;
c) Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software program Bersity uses in connection with the Website;
d) Use the Website to threaten, harass, defraud, incite, harass another person, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
and) Use the Website to send or transmit unwanted mail (“spam”), chain letters, contests, “spam”, pyramid schemes, surveys or other mass messages, whether commercial in nature or not;
F) Use the Website to violate the rights of third parties, including breach of trust and infringement of copyright, trademark, patent, trade secret, moral right, privacy right, or any other proprietary or intellectual property rights;
g) Attempt to gain unauthorized access to the Website, computer systems, or networks connected to the Website through hacking, password mining, or any other means. As well as the transmission of computer viruses, worms, defects, Trojan horses or other elements of a destructive nature;
i) Use any device, software or routine that interferes with the proper functioning and security measures of the website.
7.3.- Opinion spaces
Bersity provides opinion areas that are also subject to these Conditions of Use and Contract.
As a user of the service you will be solely responsible for the use you make of them and you will use them at your own risk. Scoolinary will not edit or control the content of users published or distributed on the website nor will it assume any responsibility or liability for said messages from users, beyond what is legally provided.
However, Bersity reserves the right to remove user messages and content. You may not post in these discussion areas any content that is false, illegal, misleading, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, contrary to rights of privacy or publicity, abusive, or fraudulent.
As a user of Bersity, you represent that you are the owner or that you have the necessary permissions to use and authorize the use of the content shared on the Service as described.
In any case, remember that by accessing or using the website you may be exposed to content from other users that could be offensive, obscene, inaccurate, objectionable or inappropriate for any other reason. Bersity does not endorse such content and cannot vouch for its accuracy.
8.- Price and taxes
The prices of the courses, packs and subscriptions offered in Bersity are indicated in euros (€), including the price of the corresponding taxes in force at the time of purchase.
In case of doubt or if you want to ask us about a specific assumption in this case, write to us at email@example.com .
In any case, if depending on your country of residence or the condition in which you act, you consider that the operation could be exempt or not subject to VAT, you must indicate it. sending by email your NIF/VAT number to firstname.lastname@example.org , in order not to record purchases with said tax and/or return the corresponding proportional part.
9.- Payment and means
To contract a subscription, a course or pack, it is essential to pay it in full and in advance.
Payment can be made:
By credit and debit card.
Bank transfer or direct debit in those cases in which said modality is authorized through email@example.com
In this sense, Bersity informs credit and debit card holders that transactions in the online store are carried out on a secure payment gateway, using TLS technology to guarantee security in data transmission.
10.- Validity of offers
The courses and subscriptions offered in the Service, and their prices, will be available for contracting while they are in the catalog displayed through this website.
In any case, Bersity reserves the right to make the changes it deems appropriate to the Service, being able to update subscriptions and services depending on the market.
Likewise, Bersity reserves the right to change prices without prior notice.
We inform you that despite the updates that are made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.
11.- Exclusion of guarantees and liability
Except in those cases expressly described in these terms and conditions and to the extent permitted by law, Bersity is not responsible for damages of any nature that may be due to the lack of accuracy, completeness or timeliness, including errors and omissions, of the information contained in the Service. Similarly, neither of any duty or commitment to verify or monitor its content and information.
Similarly, Bersity does not guarantee the absolute availability and continuity of the Services. Bersity will try to warn sufficiently in advance of interruptions that may occur in the operation of the Service whenever possible.
Bersity excludes, to the full extent permitted by law, any liability for damages of any nature that may be due to the lack of availability or continuity of the Service's operation. In the same way, regarding the fraud of the utility that the users could have attributed to the Service.
Likewise, Bersity excludes any responsibility for damages of any nature that may be due to the use of the Service and its contents by users, clients or professionals, or that may be due to the lack of veracity, validity or authenticity of the information that users provide to others about themselves. In particular, Bersity excludes any responsibility for damages of any nature that may be due to the impersonation of the personality of a third party carried out by a user in any kind of communication made through the Service.
Similarly, Bersity is not responsible for any duty or commitment to verify or monitor its content and information, especially that relating to comments made by users.
Finally, if there is any cause or circumstance of force majeure (for example, adverse weather conditions, technical or material problems or the impossibility of offering workshops, events and/or face-to-face courses for reasons beyond Bersity's control), the activity or course will be called on a new date and if the participant cannot attend it, they will have the right to request a full refund of the registration.
In this case, the affected user must send an email to firstname.lastname@example.org attaching confirmation of registration in the canceled activity and a photocopy of the buyer's identity document.
In case of doubt, contact us at: email@example.com
12.- Withdrawal, cancellations and refunds
Given the type of services and products that Bersity provides, the right of withdrawal will not apply according to the Article 103, section m) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
In this sense, the acquisition by the user of the courses, packs and subscriptions offered by the Service, whether for individuals or legal entities, must be paid in full in advance and will not include refunds of any kind, neither partial nor total. .
12.2.- Cancellations and refunds
The user can cancel the subscription to the Service at any time, from their own account or by contacting us at firstname.lastname@example.org
In any case, the cancellation of the Service will not imply any type of reimbursement, either partial or total, of the amount paid. The user will be able to access the content and use their subscription until the end of the contracted period.
Contracted subscriptions may not be assigned or transferred to other users of the Service.
In case of doubt, contact us at: email@example.com
13.- Modifications and nullity
We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself.
We will inform you about the changes in terms and conditions that could affect you through communications on our website so that you can check the changes made.
If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, as not set.
As indicated above, the entire contracting procedure, as well as the transmission of your personal data and payment systems, is carried out on a secure page and encrypted through the TLS protocol.
We guarantee the security of the Service in accordance with the present technological knowledge. However, Bersity cannot guarantee the complete future security of the Service. In any case, we do undertake to correct and implement the appropriate corrective measures to correct a possible security flaw as soon as possible.
You agree to notify Bersity, immediately and by email firstname.lastname@example.org , any situation that could lead to the impersonation of a user's identity.
15.- Claims and actions derived from the contract
As far as possible, this Service is governed by Spanish law and in case of dispute, the parties submit to the courts and tribunals of Palma.
Although, in order to simplify the resolution of claims by civil means and reduce costs, we do not exclude the possibility of submitting ourselves to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.
In the same way and according to the applicable regulations, Bersity informs of the existence of a European platform for the resolution of online disputes that facilitates the out-of-court resolution of said disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr
If you have questions about these terms and conditions, contact us at:
Postal address: Calle Passerell 3 bajo a 07011 Palma de Mallorca, Illes Balears, Spain