This legal notice and information (hereinafter the "Legal Notice") governs the use of the Internet portal service "www.educaedu.com.au" (hereinafter the "Website") that Educaedu Business S.L. (hereinafter "Educaedu Business S.L.") makes available to Internet users.
Educaedu Business S.L., with registered offices at Gran Via 81, 5th Floor Dept 1, 48011, Bilbao, Vizcaya, Spain, with CIF number B 95610580
The use of certain services offered to Users through the Website is subject to certain specific conditions (hereinafter the "Specific Conditions") which, as the case may be, substitute, complete and/or modify the present Legal Notice and General Terms. Therefore, before using these services, the User must also read the relevant Special Conditions.
Likewise, the use of this website is subject to all notices, rules of use and instructions made known to the User for Educaedu Business S.L. that replace, complete and/or modify this Legal Notice.
Through the Website, Educaedu Business S.L. provides Users access and use of various services and content (hereinafter the "Services") made available by Educaedu Business S.L. or third parties.
3.1. Free access and use of the website
The provision of the Services, by Educaedu Business S.L., is free for Users. Nevertheless, some of the services provided by Educaedu Business S.L. or by third parties through the Website are subject to a payment in the manner set forth in the relevant Special Conditions.
3.2. User registration
In general, the provision of the Services does not require prior subscription or User registration. However, Educaedu Business S.L. conditions the use of certain Services to the prior completion of the corresponding User registration. Likewise, Educaedu Business S.L. offers the Users some Services whose use requires the completion of additional registration. Said registration must be made in the manner expressly indicated in the service itself or the Special Conditions governing it.
3.3. Accuracy of information
All information provided by the User through the Services must be truthful. For this purpose, the User guarantees the authenticity of all data communicated as a result of completing the necessary forms for subscription to the Services. Similarly, it is the User's responsibility to keep all information provided to Educaedu Business S.L. constantly updated so that it responds at all times to the real situation of the User. In any event the User shall be solely responsible for any false or inaccurate statements made and the damage caused to Educaedu Business S.L. or to others for the information provided.
In order to use the Services, minors must obtain permission from their parents, guardians or legal representatives, who will be responsible for all acts performed by minors in their care.
The full responsibility in determining the specific content and Services to which minors have access is up to the adults who are in charge of said minors. As the Internet makes it possible to access content that may not be appropriate for minors, Users are informed that there are mechanisms, including software filtering and blocking programs, which limit the content available and, although not infallible, are especially useful to control and restrict the materials that can be accessed by minors.
3.5. Obligation to make proper use of the Website and Services
The User agrees to use the Website and the Services in accordance with the law, this Legal Notice, the Special Conditions of certain Services and other notices, rules of use and instructions made known, as well as moral and generally accepted good customs and public order.
To this end, the User shall not utilize any of the Services for illegal purposes, prohibited in this Legal Notice, harmful to the rights and interests of others, damaging its personal and/or professional image, or in any way damage, disable, overburden, impair or impede the normal use of the Services, equipment or documents, files and any kind of content stored on any computer (hacking) from Educaedu Business S.L., from other Users or any Internet user (hardware and software).
In particular, and merely indicative and not exhaustive, the User agrees not to transmit, distribute or make available to third parties any information, data, content, messages, graphics, sound files and/or images, photographs, recordings, software and, in general, any kind of material that:
(a) is in any way contrary to, disparages or undermines fundamental rights and public freedoms recognized in the Constitution, international treaties and other legislation;
(b) induce, incite or promote criminal, slanderous, defamatory or violent actions that are in general contrary to law, morality and generally accepted good customs or public order;
(c) induce, incite or promote actions, attitudes or thoughts that are discriminatory for reasons of sex, race, religion, creed, age or condition;
(d) incorporate, make available or allow access to products, items, messages and/or criminal activity that is violent, offensive, harmful or that is in general contrary to law, morality and decency, generally accepted by public order;
(e) induces or could induce an unacceptable state of anxiety or fear;
(f) induce or incite involvement in dangerous activites that are risky or harmful to health and psychological balance;
(g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, that induces or is misleading about its purpose or the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties without the User having previously obtained legal authorization to carry out the use made or intended;
(i) violate company secrets to third parties;
(j) is contrary to the right of honor, personal and family privacy or image of individuals;
(k) in any way impair the credit of Educaedu Business S.L. or others;
(l) infringe regulations on privacy of communications;
(m) constitutes, in the case of, illegal advertising, that is deceptive or unfair and, in general, constitutes unfair competition;
(n) incorporates a virus or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (hardware and software) of Educaedu Business S.L. or third parties that may damage the electronic documents and files stored on those computers;
(o) cause its characteristics (such as format, length, etc..) difficulties in the normal operation of the Service;
3.6. Obligation to make proper use of the contentIn accordance with the provisions of clause 3.5, the User agrees to use the content available to Users in the Website, which is understood, but are not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound as graphic design and source code (hereinafter, the "Content") in accordance with the law, this Legal Notice, the Special Conditions of certain Services and other notices, use regulations and instructions made known, as well as morality and generally accepted good customs and public order, and in particular, you agree not to:
(a) reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the Content, unless you have permission of the copyright holder or it is legally permitted;
(b) delete, manipulate or otherwise alter the "copyright" and other identifying data of the reserved rights of Educaedu Business S.L., or its owners, the fingerprints or any other technical means established for recognition.
The User shall not obtain or attempt to obtain the Content using means or procedures other than those, as the case may be, placed at his or her disposal for this purpose or that have been indicated to this effect on websites where the content is found, or in general, which is used on the Internet for this purpose provided they do not involve a risk of damage or disable the Website, the Services and/or the Content.
3.7. Use of the Services offered on the Website in accordance with the Anti-Spamming Policy Educaedu Business S.L.
The User agrees to refrain from:
(i)collecting data for advertising purposes or for sending any kind of publicity and communications for the purpose of sale or other business of a commercial nature without any prior request or consent;
(ii) sending any unsolicited messages or other previously unconsented messages to a plurality of persons;
(iii) send unsolicited nor previously consented electronic chain letters;
(iv) use distribution lists which can be accessed through the Services to carry out the activities identified in paragraphs (i) to (iii) above;
(v) make available to third parties for any purpose, data collected from distribution lists.
Users or third parties harmed by the receipt of unsolicited messages to a plurality of persons may communicate to Educaedu Business S.L. by sending a message to the following email address: firstname.lastname@example.org
3.8. Special Conditions
All trademarks, trade names or logos of any kind that appear on the Website are owned by Educaedu Business S.L. or third parties, and it cannot be deemed that use or access to the Website and/or services gives the user any rights to any trademarks, trade names and/or logos.
Furthermore, the contents are the intellectual property of Educaedu Business S.L. or third parties, without the possibility of transfer to the User, under the provisions of this Legal Notice, none of the rights of exploitation that exist or may exist about such Content beyond what is strictly necessary for the proper use of the Website and Services.
5.1. Exclusion of guarantees and liability for the operation of the Website and Services
Educaedu Business S.L. does not guarantee the availability and continued operation of the Website and the Services. When reasonably possible, Educaedu Business S.L. will give advanced notice of any interruption to the operation of the Website and the Services. Educaedu Business S.L. does not guarantee the use of the Website and the Services to perform any specific activity, nor its infallibility, and in particular but not exclusively, that Users can effectively use the Website and the Services, access the various pages that make up the Website or those from which services are provided.
Educaedu Business S.L. DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE WEBSITE AND SERVICES, TO THE UNFULFUILLMENT OF UTILITY THAT USERS MIGHT ATTRIBUTE TO THE WEBSITE AND SERVICES, THE FALLIBILITY OF THE WEBSITE AND SERVICES, AND IN PARTICULAR BUT NOT EXCLUSIVELY, FOR FAILURE TO ACCESS THE VARIOUS WEB PAGES OF THE PORTAL OR THOSE FROM WHICH SERVICES ARE PROVIDED.
Educaedu Business S.L. does not guarantee the privacy and security of the use of the Website and the Services and, in particular, does not guarantee that unauthorized third parties may not be aware of the nature, conditions, characteristics and circumstances of use by Users of the Website and services.
Educaedu Business S.L. DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MAY HAVE OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF USE THAT USERS OF THE PORTAL AND SERVICES MAKE.
5.2. Disclaimer of warranties and liability for the Content
Educaedu Business S.L. does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in the system (software and hardware) or electronic documents and files stored on the computer system.
Educaedu Business S.L. does not guarantee the legality, reliability and utility of the Contents.
Educaedu Business S.L. DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, PROCUREMENT OR ACCESS TO THE CONTENT, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES ARISING FROM:
Educaedu Business S.L does not guarantee the truthfulness, accuracy, completeness and timeliness of the Content of the Website generated by employees of Educaedu Business S.L. or by the Users of Educaedu to publish their views in forums on this Website.
Educaedu Business S.L. DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES AND LOSSES OF ANY KIND ARISING FROM THE LACK OF TRUTH, ACCURACY, COMPLETENESS AND/OR CURRENCY OF THE CONTENTS.
5.3. Disclaimer of warranties and liability for the services provided by third parties via the Website
Educaedu Business S.L. does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Website that may cause alterations in the system (software and hardware) or electronic documents and files stored on the computer system.
Educaedu Business S.L. EXCLUDES ANY LIABILITY FOR DAMAGES AND INJURIES OF ANY KIND ARISING FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS PRESENT IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE THAT MAY CAUSE ALTERATIONS IN THE SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.
Educaedu Business S.L. does not guarantee the legality, reliability or usefulness of the services provided by third parties through the Website.
Educaedu Business S.L. EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE, AND IN PARTICULAR BUT NOT EXCLUSIVELY, FOR DAMAGES ARISING FROM:
5.4. Disclaimer of warranties and liability for the use of the Website, the Services and Content by Users
Educaedu Business S.L. EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES AND CONTENT BY USERS OR ARISING FROM THE LACK OF ACCURACY, TIMELINESS, COMPLETENESS AND/OR AUTHENTICITY OF INFORMATION USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES AND IN PARTICULAR BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND ARISING FROM THE THEFT OF THE PERSONALITY OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE WEBSITE.
6. PROTECTION OF PERSONAL INFORMATION
Educaedu Business S.L. has adopted the security levels of data protection required by law and will try to install additional technical means and measures of protection. However, the User should be aware that Internet security measures are not foolproof.
7. PROCEDURE IN EVENT OF UNLAWFUL ACTIVITIES
In the event that any User or third party considers that there are facts or circumstances revealing the illegality of the use of any Content and/or the conduct of any activity on the web pages included in or accessible through the Website, and in particular, the violation of intellectual or industrial property rights (patents, industrial designs, trademarks, trade names, etc.). or other rights, notice should be sent to Educaedu Business S.L. when dealing with the following cases:
(a) the claimant's personal information: name, address, phone number and email address;
(b) specification of the alleged illegal activity conducted on the Website and in particular the case of an alleged violation of rights, and specific indication of the protected content and it´s location on the web pages;
(c) facts or circumstances revealing the illegality of the activity;
(d) in the case of violation of rights, a handwritten signature or equivalent, with personal information of the holder of the rights allegedly infringed or the person authorized to act on their behalf;
(e) expressed statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and of the illegality of the use of the content or carrying out of the activities described.
8. WITHDRAWAL AND SUSPENSION OF SERVICES
Educaedu Business S.L. may withdraw or suspend at any time without prior notice, the provision of services to those Users who violate the terms of this Legal Notice.
9. DURATION AND TERMINATION
The provision of the Website service and the other services has, in principle, an undefined duration. Educaedu Business S.L., however, is authorized to terminate or suspend the Service of the Website and/or any of the Services at any time, without prejudice to any provisions in this regard outlined in the relevant Special Conditions. When reasonably possible, Educaedu Business S.L. will give prior notice of the termination or suspension of the Website service and the other services.
10. APPLICABLE LAW
This Legal Notice is governed in each and every one of its clauses by Spanish law.