TERMS AND CONDITIONS
Last update 26/12/2021
These terms and conditions are a legally binding contract and govern the conditions of access and use of the services provided remotely through the www.iberside.com website (hereinafter, “the platform”).
CONTROL OF THE CONTENTS OF THE PLATFORM
PERIOD OF VALIDITY OF THE AGREEMENT RELATIONSHIP
LIMITATIONS, SUSPENSION OF USE AND OTHER MEASURES
LIABILITY AND INDEMNIFICATION
RELATIONSHIP WITH PARTNERS, WARRANTY OF SERVICE
INTERRUPTIONS OF THE SERVICE AND AVAILABILITY OF THE PLATFORM
CANCELLATIONS AND REFUNDS
FORM OF PAYMENT AND GUARANTEE OF SECURE PAYMENT:
ASSESSMENTS AND COMMENTS
DESCRIPTION OF THE SERVICES OFFERED THROUGH THE PLATFORM
DISCOUNT PRICES AND COUPONS
CHANGES TO THE TERMS AND CONDITIONS
APPLICABLE LEGISLATION AND JURISDICTION
1.- AGREEMENT PARTIES:
The iberside trademark, as well as the iberside.com and iberside.es domains, are owned by Glocal Saino, S.L. (hereinafter, “Glocal”), an entity with which you are going to hire and which is domiciled at Lugar de Cinconogueiras, nº15, 32150 – A Peroxa. Ourense (Spain) and registered in the Registro Mercantil de Ourense (Volume 866, section 8, Folio 40, page OR-14945, first registration), and is provided with the number of IVA/VAT ESB-32465080. You can contact Glocal via email at email@example.com or by phone at +34 653199535.
Some of the services that are hired through the platform are provided by partners who are THIRD-PARTY SERVICE PROVIDERS. In this case, iberside.com operates as a platform for collecting the services that partners offer to users. That is, Glocal receives payments from users and enters them into partners, acting as a mere intermediary in the payment.
You can identify each of these third-party services providers on the purchase page of each service.
USERS AND CUSTOMERS OF THE PLATFORM will be natural or legal persons acting as consumers of their services. To purchase on the platform you will have to be registered and accept these terms and conditions, so all users and customers must read these conditions before making a purchase. It will be an indispensable requirement for clients, in the case of natural persons, who are over 18 years of age.
When a user hires the provision of a service or acquires a service advertised through the platform, the partner providing the service subscribes to an agreement that legally binds him with the user. That is, the contractual relationship will be maintained by the user with the partner and is the partner who has to provide the user with the invoice of the services hired, after-sales care service, as well as the guarantees of the service.
2.- AGREEMENT SCOPE
These terms and conditions apply to the acquisition of all services that Glocal advertises through the website https://iberside.com/ All the services are provided online.
Besides, the terms and conditions also govern the commercial relationship that occurs between Glocal and its partners, who are third-party suppliers of services that are made available to users through the platform. Glocal may charge partners a fee for their use of the platform. This fee will be communicated to the partner before the concertation of the service. Glocal reserves the right to change service fees that apply to partners at any time. This will be notified before the new tariffs come into force. Changes will not affect previously hired services.
3.- ACCOUNT REGISTRATION
To access and use the website, users and partners must be registered. To do this they must be the legal age or, in the case of partners, have a company, organization, or other legally constituted entity that has the capacity and legal power to enter into a contract.
The platform assumes no responsibility for the identity confirmation of any member. The platform reserves the right to cancel a user’s access account if it detects fraudulent, speculative or bad faith acts in the use of the service.
To register an account the user can follow two ways: through the “Registration” section where you will be asked to enter the details of a username, an email and a password; or through the process of purchasing any of the services offered by the platform. In this case, before completing the purchase process, the user who is not logged into the platform will be asked to provide a first name, last name and email address. Once this data has been entered, the user will be sent an email informing them of the creation of the new account, as well as the username they have used and an automatically generated password that can be changed from their user profile.
The information provided when registering must be truthful and current. The user will be solely responsible for maintaining the confidentiality and security of the account’s credentials. You must also immediately inform the platform if you have reason to suspect that your credentials have been stolen, lost, misappropriated or threatened in any way, or unauthorized use of or suspected unauthorized account use. If the users do not report the unauthorized use or loss of their credentials, there will be responsible for any activities carried out through their account.
Platform members can create, upload, publish, send, store, or receive content such as text, photos, audio, video, and other material and information. They can also access and view the content of other members. In these activities, each member must respect copyright, trademark and other intellectual property rights. In this sense, no watermark, sign or notice of intellectual or industrial property rights that are integrated into the contents that are published may be deleted, altered or hidden and, where appropriate, mention should be made of the author of the content or the owner of the intellectual or industrial property rights.
Concerning the content of each member of the platform that is uploaded or made available through the platform, the user grants Glocal, by making it public through the platform, a non-exclusive, international, royalty-free, sublicensed and transferable license to access, use, disseminate, edit, publish or otherwise way of exploitation to promote the platform through any environment and, in particular, through the Internet and Social Networks. In any case, the member will remain the owner of the content that has been generated and published through the platform, so they can use or exploit it as desired in other platforms or environments.
4.- PROHIBITED ACTIVITIES
About the use of the platform, the user will not be able to perform the following actions:
- Use the content posted on the platform for any commercial or another purpose that is not expressly contemplated in these terms and conditions.
- Copy, store or otherwise access or use any information, including personal information about any other user contained on the platform, or otherwise violate the privacy rights of users or third parties.
- Use the platform for commercial purposes or to the distribution of unwanted commercial messages (“spam”);
- Request, accept or make any payment of additional fees or price for services rendered or hired through the platform above those advertised. If you make the payment of such a request you should know that you assume all risks and responsibilities that may arise with exemption from any liability to the platform for such payment.
- Discriminate or harass people based on race, national origin, religion, sex, gender identity, physical or mental disability, medical status, marital status, age or sexual orientation, or otherwise adopt violent, harmful, abusive or disruptive behaviour.
- Use, display or reflect elements of the platform, use in“iframes” any of its pages or part of them, the trade name, logo or other information subject to property rights, without the express consent of the platform.
- Damage the image of the platform, use the trademark in an unauthorized manner to advertise similar services, or violate the rights that protect the use of the domain, trade names, trademarks or other identifiers, imitating them for promotional campaigns so similar to them that they induce confusion.
- Use bots, web spiders, webworms, web scrapers and other automatic means or processes to access, collect data and other content from the platform for any purpose, as well as violate, disable, decode, or attempt in any way to circumvent the technological measures of protection of the platform.
- Infringing or violating the rights of another person or harming others in any way.
5.- CONTROL OF THE CONTENTS OF THE PLATFORM
The platform is under no obligation to actively monitor content uploaded to it by users or partners. However, these contents may be reviewed and modified, and the user or partner may be deactivated from accessing the platform, all for the following purposes:
- Protect the platform or improve its security.
- Ensure compliance with the terms and conditions governing the relationship between users and partners with the platform.
- Comply with current legislation or any injunction, law enforcement or administrative bodies that are binding.
- React to the content of any user or partner that may be harmful or offensive.
Users and partners agree to cooperate and assist the platform in good faith, as well as provide you with information and take reasonable action concerning any investigations undertaken in connection with the use or abuse of the platform.
If you believe that any user or partner with which you interact through the platform is acting or has acted inappropriately, adopts offensive, violent or sexually inappropriate behaviour; or were suspects that may have committed a crime, you must immediately inform the relevant authorities, and, also, the platform. You may contact us via email firstname.lastname@example.org. You agree that whatever notice you make won´t require us to take action (except as required by law).
6.- PERIOD OF VALIDITY OF THE AGREEMENT RELATIONSHIP
The agreement relationship between Glocal and the partner will be until one of the two parties requests termination of the relationship. The partner may terminate the contract at any time by sending an email to the following address: email@example.com.
The agreement relationship between Glocal and the users will remain from the time the user requests the provision of any service and until the provision of the service is made. Besides, the user may also terminate the contract and request that his/her account be deleted and that the data of his/her property on the social network be deleted or delivered at any time. To do this you will need to send an email to the following address: firstname.lastname@example.org. At the time of cancellation, all reservations that the user has confirmed will be automatically cancelled and any refund will depend on the terms of the cancellation policy.
The platform may terminate this agreement at its convenience, at any time, with thirty (30) days’ notice sent by email to the email address registered by the user or partner.
Besides, the platform may also terminate this contract and/or prevent access to any user or partner, immediately and without prior notice, in the following cases:
- Non-compliance with the obligations of the partner or user.
- Violation of any law, regulations or rights of third parties that apply to the user or partner.
- Fraudulent behaviour, abuse of the right or any conduct or action detrimental to the platform or its members or third parties.
7.- LIMITATIONS, SUSPENSION OF USE AND OTHER MEASURES
In the following cases:
- if necessary to comply with applicable law, with a court order, of law enforcement, or administrative authority;
- if the user or partner has breached these terms and conditions or any regulations or provisions that apply to him/her;
- where inaccurate, incomplete or fraudulent information has been provided or identity has been simulated;
- where quality criteria are not met or the service is not provided, is provided incompletely or inappropriately by a partner;
- when negative ratings or evaluations are received on an ongoing basis, complaints are received about how the service is provided or about how the user or partner behaves or acts;
- when hired or confirmed service reservations are repeatedly cancelled by partners, or no service requests are answered for no reason justified;
- to prevent fraud and other illegal activities
The platform reserves the right to:
- Deny display, delete, or delay any user evaluation, rating, comment, and other content.
- Withdraw the advertised event or service or cancel any pending or confirmed bookings;
- Limit or prevent access to or use of the platform;
- Suspend the user or partner’s account on the platform, either temporarily or, in case of a serious or repeated breach, permanently.
The platform will communicate to users and/or partners the minor breaches it detects, as well as the actions that were taken, thus allowing the opportunity to solve the problem in a friendly manner.
If it is necessary to take some of the actions described above, the platform may refund users the total amount paid for all confirmed bookings, regardless of any preexisting cancellation policy. In this case, the partner will not be compensated for confirmed or pending bookings that are cancelled.
8.- LIABILITY AND INDEMNIFICATION
The platform is responsible for intentional and negligent actions as well as for any breaches of contractual obligations that are committed by our staff, managers or legal representatives.
By way of example and not limited to, if it is permitted by applicable law, users and partners agree to exempt and discharge from liability to the platform against any claims, liability, damages, losses and expenses in any way related to:
- Failure by the user or partner to comply with these terms and conditions
- Misuse of the platform or any of its services
- Cancellations made out of time by users. In this case, the platform will not be responsible for returning the amounts paid.
- Of the delays and omissions committed by users when it comes to the provision of a service, with the consequent loss of the reservation.
- From the refusal of the partner to allow access to certain activity to a user, for not carrying with him the documentation of the reservation, or for not attending the circumstances necessary to provide the service properly or in safety conditions.
- From the agreements or activities that users perform on their own and as a result of intercom with other users or partners that they may maintain through or off the platform
- Any damages and thefts, injuries, accidents, losses or compensation for damages of any kind arising in connection with, or as a result of carrying out the activities that users hire through the platform
- Of the damages that may occur the meteor conditions that occur at the time of carrying out any of the activities contractable through the platform.
- The quality and adequacy of the hired service, as well as the complaints that originate from it, must be managed with the partner organizing the service.
- Violation by the user or partner of any laws, regulations or rights of third parties.
9.- RELATIONSHIP WITH PARTNERS, WARRANTY OF SERVICE
When a partner uses the platform to sell their services, they must provide complete and accurate information about their service, communicate any restrictions or requirements that may be relevant to their enjoyment, as well as provide all relevant information requested to them.
The partner is responsible for keeping the service information (including date availability), pricing and other charges necessary for the agreement up-to-date at all times.
Glocal does not guarantee the quality, security or suitability of announcements of courses or online classes published through the platform on which the organizer, host or training entity is a partner. Nor is it responsible for the veracity and accuracy of the descriptions of such courses or classes, as well as the comments or criticisms that are poured on them. Glocal does not endorse any member registered through its platform, therefore it is not responsible for the identity or reliability of its manifestations or the security of its acts or proposals. The user must always exercise due diligence and attention when deciding to share information with a third party through the platform, or if he/she decides to attend an online class or attend a course offered by third parties. Under no circumstances may the user of the platform be required to assume a higher price than the one that is advertised through the platform.
Partners must agree that the platform will take action to increase their exposure using elements of their service advertisements, either through the website or through emails, online or offline advertising, as well as on third party websites.
10.- INTERRUPTIONS OF THE SERVICE AND AVAILABILITY OF THE PLATFORM
Glocal is not responsible for interruptions in Internet service or telecommunications infrastructure that are beyond its control and may cause disruptions to the availability of the platform.
In addition, the availability of the platform or certain sections or functionalities of the platform may be temporarily restricted where necessary. This is the case, for example, for maintenance, capacity limits, for security reasons or to ensure the integrity of the servers.
11.- CANCELLATIONS AND REFUNDS
Each of the services offered by the platform has a specific cancellation policy. The user can consult the cancellation policy applicable to each service on its descriptive page, where the cancellation deadlines will be set, the cases in which they take place and whether there is any type of penalty or not.
The partner who has advertised service may cancel it if there are justified circumstances of force majeure or circumstances that prevent its development safely and that advises its cancellation.
The user may request the cancellation of any service or order by sending an email email@example.com requesting cancellation and refund. In this case, within a maximum period of 72 hours, the platform administrator will contact the user, through the email registered on the platform, to specify whether or not the refund proceeds and under what conditions it will be made. In any case, the refund or issuance of the discount coupon for its amount must be made within 14 days from receipt of the cancellation and refund request email.
In case of cancellation of the service, it is up exclusively to the partner to pay the costs and make the refund to all users who have booked it. Besides, the platform is empowered to exercise the right to claim against the partner. The user may be given the option to receive a refund of the amounts they have paid or the inclusion of such amounts in discount coupons to enjoy the services at a later time.
According to the Consolidated Text of the Spanish General Law for the Defense of Consumers and Users (TRLGDCU), customers shall have the right to withdraw the agreement without justifying such a decision and without penalty of any kind, within 14 calendar days of the order of the service. To do this, you must send the withdrawal form to the following email address: firstname.lastname@example.org, putting in the subject line RETURN followed by the order number.
Once the withdrawal form has been received, Glocal team will contact the user within 72 hours to give instructions on how to make the return.
The withdrawal will not imply any cost to the customer, Glocal will refund the corresponding amount within a maximum period of 14 calendar days from the date of receipt of the withdrawal form. The refund will be in the same way as the down payment was received.
If the withdrawal occurs concerning a service delivery operation, the user will have lost his right of withdrawal if the service has been fully executed or when the execution has begun.
13.- WITHDRAWAL FORM:
To exercise the right of withdrawal, the user may use this form model:
Attention Glocal Saino, SL with VAT ESB-32465080 and address at Lugar de Cinconogueiras, 15, 32150, A Peroxa, Ourense, Spain.
Mr./Mrs.________________________________________________, of legal age, with ID nº _________________(of which copy is attached) and address at _____________________________________________I hereby make it known to you that I desist from my contract formalized on date __________________________
If you would like to provide us with any other additional information, you can do so below:
SIGNATURE (If the paper form is delivered):
14.- FORM OF PAYMENT AND GUARANTEE OF SECURE PAYMENT:
Payment for services offered by the platform may be made:
(a)By credit card:
The customer can choose the payment by credit card at the time of placing the order, being the payment process made immediately.
When you select PayPal as your payment method, another page will open in the browser. You will need to log in to PayPal, select any of the payment methods that are set up, continue and confirm the payment method after accepting PayPal policies. The platform will only process the purchase once PayPal has authorized payment of the total amount.
The payment system is made in a secure environment as it allows encryption of the information transmitted during the transaction. In this way, the confidentiality of this is ensured.
To make the necessary arrangements as soon as possible, the user must notify Glocal of any improper or fraudulent charges on the credit card that he has used for the purchase through the platform.
15.- ASSESSMENTS AND COMMENTS
Users who, through the platform, participate in any service, will be able to leave a critical evaluation of the experience, as well as evaluate it with stars ranging from 1 to 5 stars. Ratings and assessments reflect the views of community members on an individual basis. Glocal does not verify the accuracy of reviews and comments, which could be incorrect or misleading.
At all times, assessments and evaluations must maintain a correct and constructive tone, without containing offensive or insulting expressions.
It is not allowed to pervert the system of valuations and evaluations, for example by hiring or requesting third parties to write comments or make positive or negative assessments about a service.
After the end of the user’s participation in any course or class, users who have enjoyed the service will be sent an email reminder of the possibility of making the evaluation on the or service, as well as making a comment.
Glocal reserves the right to select comments and evaluations that will be made public through the platform.
16.- DESCRIPTION OF THE SERVICES OFFERED THROUGH THE PLATFORM
1.-Description of the service:
The platform offers the possibility to take Spanish online courses for non-Spanish speakers.
The courses will be able to obey various topics and will be divided into lessons containing written or audiovisual material on which various evaluation questions will be asked.
Each course will have its configuration regarding the attempts that the student has to finish it, specific time to be able to be performed, as well as its evaluation dynamics.
2.- Booking process:
Courses can be paid for or free of charge. In any case, before signing up for a course or hiring it, the student will be able to see a summary of the course theme, the parts in which it is divided and who the instructor is.
To sign up for a free course or to hire a paid course, the student must be registered and logged in to the platform. If not, before completing the purchase process of the course, the user will be required to complete a form in which they must include their first and last name and an email. Then, the user will receive an email informing that an account has been registered on the platform, the username and an automatically generated password that the user can change from his/her profile.
Some courses booking is not automatic and will require confirmation from the platform administrator. The user will receive an email notifying him that the reservation has been received correctly, as well as, where appropriate, that the reservation is in the processing phase. Once the reservation is confirmed, the user will receive a confirmation email with a summary of the purchase that he/she has made.
Upon completion of the course, the user will receive an email notifying them that he/she has completed the course successfully and the pointing he/she has obtained according to the evaluation system that applies to the course.
3.-Withdrawal and cancellation
About withdrawal and cancellation, will rule the provisions of clauses XI, XII and XIII of these terms and conditions.
B.- ONLINE CLASSES
1.-Description of the service
The platform provides various resources for the practice of conversations in Spanish online. The platform offers video conferencing channels for language practice under various formats:
a) Free services:
- Cyberchat: free connection for groups to speak in a relaxed way in non-academic environments.
b) Paid service
- Spanish coach: paid connection to attend a one to one class taught by a Spanish teacher for one hour.
To hire one of the online classes taught on the platform, whatever the modality is chosen, the student will have to complete the booking process. In this way, we can limit the number of attendees to each session.
The student must be registered and logged in to the platform. Otherwise, before completing the booking or purchase process they will be required to complete a form in which must include their first and last name and an email. Then the users will receive an email informing them that an account has been registered on the platform, the username and an automatically generated password that they can change from your profile.
3.-Withdrawal and cancellation
About withdrawal and cancellation, will rule clauses XI, XII and XIII of these terms and conditions.
17.- DISCOUNT PRICES AND COUPONS
The prices of each service are specified on each of the pages that refer to them and on which their characteristics are advertised. All prices are expressed in Euros.
All services must be paid at the time of booking or requesting the purchase. In some cases, completion of the purchase or agreement process will be needed confirmation. In these cases, the operation may be considered completed when the user receives the confirmation email. In this email, the price of the hired service will be confirmed and the user will be able to access the purchase documentation. When the services are provided by partners or third-party suppliers of services, the platform will provide a purchase receipt. This purchase receipt cannot be considered the invoice corresponding to the hiring of the services. The user will be able to request the invoice from the partner or third-party service provider, once the reservation or purchase is made, by email sent to the partner or to email@example.com.
1.- General discount policies
The platform has a general discount policy that allows the users that have completed most of the section of their user profile data on the social network to benefit from discounts over general prices published by the platform. Anyway, these users must accredit that are real people with a real learning desire, so could be required that they send a requirement by using the platform CONTACT FORM, as well.
2.- Particular discount policies:
The platform may consider particular discount policies for one or more users, from the same or different categories, groups of users or random users.
The code corresponding to the discount coupons will be communicated to the users through the email they have indicated at the time of registration on the platform.
C.- How to benefit from a discount
The discount coupon is a numeric or alphanumeric code that will be communicated to the beneficiary. Discounts will be made effective by entering the discount coupon in the corresponding section of the order detail screen.
Coupons can be configured to provide a discount on a single trade or multiple transactions. They can also be configured to be used only by the owner user, or, also, by other users allowed by the owner.
In any case, once the user enters the discount coupon, the purchase detail screen will allow he/she to display the applied discount percentage and the final price of the trade after this percentage is applied.
18.- CHANGES TO THE TERMS AND CONDITIONS
Glocal will notify users of the platform of any changes to the platform unless these changes are low entity and do not have material effects on the contractual obligations of the parties.
Glocal also reserves the right to update, modify or discontinue these terms and conditions at any time. If they are modified, a notice will be sent to users and partners, the modification will be posted on the website and the “last updated” date of this document will be updated. If the user does not agree to the revised terms and conditions, he/she may terminate the contract with immediate effect. If you continue to access or use the services after the terms and conditions have been modified, you are indicating that you agree with the updated terms and conditions. If the user does not consider the terms and conditions acceptable, must stop using the services.
19.- APPLICABLE LEGISLATION AND JURISDICTION
These terms and conditions shall be governed by and interpreted under Spanish law. If the user acts as a consumer, and the consumer protection regulations that apply in his country of residence contain provisions that are more beneficial to him/her, those provisions will apply regardless of the choice of Spanish legislation. If the user is a consumer, he/she may initiate any legal proceedings concerning these terms and conditions at the competent court of his place of residence or the competent court of Glocal’s registered office in Spain. If the platform wishes to assert any of its rights against the user as a consumer, it may only do in the courts of the jurisdiction in which the user is a resident. If the user is acting as a company, it agrees to submit to the exclusive jurisdiction of the Spanish courts.
20.- GENERAL PROVISIONS
1.- There is no joint venture relationship or employment relationship between the platform and any of its users or partners. The parties expressly agree that any agreement reached does not imply any association or relationship of dependence of any kind between them, and both parties shall be independent and autonomous. Partners will be free to determine how their activities are organized or directed, the criteria for the temporary organization, or the distribution of time of dedication. Therefore, the relationship between the parties to this agreement is exclusively commercial, with no employment link.
Partners will act under the legal form of a commercial company or self-employed person. Partners must comply with their tax, labour and national insurance obligations. They have to fulfil their dues about payment of wages, national insurances fees, prevention of occupational risks and other social obligations imposed by the legislation. They have to show when they were required to, the supporting documents for the exact fulfilment of such obligations. In any case, the worker staff of the partner may not be considered as an employed platform. Therefore, all the effects from hiring workers by the partner, including all security conditions and national insurance aspects, will depend, solely and exclusively, on the management of the partner, leaving the platform apart from the claims between the partner and the dependent personnel in his charge.
2.- If any of these terms were null and void, it shall be removed and shall not affect the validity and effect of the other provisions.
3.- The non-application by the platform of any right or clause of these terms and conditions shall not constitute a waiver of such right or clause unless acknowledged or accepted in writing by the platform.
4.- The user or partner may not assign, transfer or delegate this agreement or its rights and obligations without Glocal’s prior written consent. Glocal may assign, transfer or delegate this agreement and any rights and obligations included, at its sole discretion, by giving notice 30 days in advance. This shall not prevent the right of the user or partner to terminate this agreement at any time.