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General conditions

OBJECT

The purpose of this document is to establish the “Terms and Conditions" I the "T&C”, which constitute a legally binding agreement between the parties, whether between you personally as an individual; or on behalf of an entity (the “User" I "You") and MyContent SLU (the "Society” and/or “MyContent”) with respect to your access and use of the website and the MyContent Academy (the “Academy").

SELLER COMPANY DETAILS

This Academy has been created by MyContent SLU

Downloading, installing, accessing and/or using the Academy implies full and unreserved acceptance of the terms and conditions described here and will constitute a legally binding agreement for both parties.

As stated in the “Legal Notice” of this website, the owner of the Academy, and provider of the service, is the entity MyContent SLU, a company of Andorran nationality, with address at Carrer de la Unió 17, Edifici KM0, AD500 Andorra la Vella, Andorra, with the tax identification code of your nationality NRT L-716381-T; and email address [email protected].

SINGLE AGREEMENT

This document and any other policy applicable to the contracting of MyContent services (as a whole, the "Terms and Conditions") constitute the legally binding contract between you and MyContent which regulates the provision of the Services and the responsibilities derived from it (the "Contract"), regarding your access to and use of the Website, as well as any other form of media, media channel, mobile website or related mobile application linked or otherwise connected.

You agree that MyContent may modify, suspend or withdraw the Academy tools, applications and functionality, for any reason. Any changes will be announced by updating the “last updated” date of these Terms and Conditions.

The completion and activation of the access registration form, as well as the acceptance of these Terms and Conditions will imply, for your part, the unreserved acceptance of each and every one of the rules that make up these Terms and Conditions and the acquisition of the consideration of "Customer" of the Academy. Consequently, the Client must carefully read and know the content of these Terms and Conditions.

CONTRACT TAXONOMY

The contract signed between the Client and MyContent falls within the category of distance contracts referred to in the Law 20/2014, of October 16, regulating electronic contracting and operators that develop their economic activity in the digital space.

A distance contract is defined as any contract concluded between the professional (MyContent as a legal entity acting on behalf of its commercial activity) and/or the consumer (Client and Customer of the service) within the framework of an organized distance sale, or the provision of services without the physical and simultaneous presence of the professional and the consumer; and this through the exclusive use of one or more means of remote communication (for example, via the Internet, telephone, fax, mail, etc.) until the conclusion of the contract, including the conclusion of the Contract itself.

USER REGISTER

The client must register on the Website to be able to use the services. In this case, the client must maintain the confidentiality of his password and will be responsible for the use of his account, as well as the password he decides to establish.

MyContent may delete or change a username as long as at MyContent's discretion it is understood that the chosen name is inappropriate.

CHARACTERISTICS OF THE SERVICES OFFERED

After registering to the Academy as a Client, the consumer will receive the products or services listed below:

MyContent provides information and facilitates the online offer and acquisition of various digital goods (packs and courses composed of ebooks and documents, exclusive videos or other content of a digital nature) as well as the contracting of membership or subscription to audiovisual content related to topics such as such as fitness, personal training, healthy habits, and sports nutrition, among others.

The goods and services are offered subject to the description offered on their respective page within the service. MyContent may expand the information related to its products or services to those Clients who request it, by contacting via email with [email protected].

By means of the subscription, which must be complete in all its parts and contain the essential elements for the exact identification of the requested product, the Client declares:

  • be a consumer in accordance with that established in article 2 of Law 13/2013, of June 13, on effective competition and consumer protection.
  • be of legal age according to the legislation of your country of citizenship;
  • that the data provided for the execution of the subscription is correct and truthful;
  • have seen and fully accepted these general contract conditions, indicated on the registration page.

These general conditions form an integral part of any proposal, purchase order and purchase order confirmation of the products marketed by MyContent SLU in force on the date the order is placed.

INTELLECTUAL PROPERTY

MyContent is the exclusive owner and/or has acquired the necessary licenses, permits and authorizations regarding all intellectual and/or industrial property rights regarding the Academy.

All intellectual and industrial property rights over the Academy and over the contents of the Academy are reserved, and it is expressly prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included in the Academy. , for public or commercial purposes, if you do not have the prior, express and written authorization of MyContent or, where applicable, the owner of the rights to which they correspond.

Likewise, all distinctive signs, brands, trade names or signs of any kind contained on this website are protected by law. Consequently, it is not permitted to delete, circumvent or manipulate the copyright notice (“copyright") and any other identification data of the rights of MyContent or its owners, incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained therein. References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by MyContent or third-party companies, imply a prohibition on their use without the prior, express and written consent of MyContent or its legitimate owners. .

Access, navigation and use of the Academy will in no case be understood as a total or partial waiver, transmission, license or assignment of the rights indicated above by MyContent. Clients are only granted the right to use the Academy, limited to the download and installation time, for the purposes for which the Academy is designed.

ACADEMY CONTENT AND LINKS

MyContent is not responsible for any misuse of the contents of this Academy; The responsibility is exclusive of the person who accesses or uses them. MyContent does not assume any responsibility for the misuse of the recommendations, advice, suggestions, warnings, opinions or observations that the MyContent team makes available to you in the provision of our Services.

Nor does it assume any responsibility for the information contained in third-party web pages that can be accessed through links. The presence of these links is for informational purposes, and does not constitute in any case an invitation to contract products or services that could be offered in the destination link. In the event that MyContent has actual knowledge that the activity or information referred to from these links is illicit, constitutes a crime or may harm property or rights of third parties susceptible to compensation, it will act with the necessary diligence to delete or render unusable. the corresponding link as soon as possible.

STANDARDS OF CONDUCT

In any case, access, navigation and use of the Academy and, where applicable, the use of the Services that are offered through it is done under the sole and exclusive responsibility of the Client, for which the latter undertakes to diligently and faithfully observe any additional instructions, given by MyContent or authorized MyContent personnel, regarding the use of the Academy and its Services.

Therefore, the Client undertakes to use the contents, products and Services diligently, correctly and lawfully, in accordance with current legislation and, in particular, undertakes to refrain from:

  • Use the Academy and its functionalities for any purpose that is not expressly contemplated in these Terms and Conditions.
  • Breach or evade any laws or regulations, contracts with third parties, third party rights or the Terms and Conditions that may apply.
  • Obtain confidential information from other users' accounts without authorization.
  • Impersonate MyContent staff and carry out improper purposes at the Academy.
  • Impersonate another Academy user.
  • Sell your profile.
  • Access and/or use the Academy for professional purposes or incorporate the Services as your own business activity. The use or application of any technical, logical or technological resources by virtue of which Clients may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or Services of the Academy, is expressly prohibited.
  • Misuse or abuse the Academy or its tools, applications or functionalities.
  • Use, display, mirror or frame the Academy or any individual element of the Academy, the MyContent name, any MyContent mark, logo or other proprietary information, or the design and layout of any page or form contained on an Academy page, without the express written consent of MyContent.
  • Damage the MyContent brand in any way, including, without limitation, unauthorized use of content, registration or use of MyContent or derived terms in domain names, trade names, trademarks or other identifiers of origin, or registration or use of domain names, trade names, trademarks or other identifiers of origin that closely imitate MyContent domains, trademarks, slogans, promotional campaigns, or are so similar to them as to lead to confusion.
  • Use robots, spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Academy for any purpose.
  • Avoid, bypass, remove, deactivate, impede, descramble or otherwise attempt to circumvent a technological measure implemented by MyContent or any of MyContent's providers or other third parties in order to protect the Academy.
  • Attempt to decipher, decompile or disassemble software used to provide the Academy or reverse engineer it.
  • Take any action that harms or adversely affects, or may harm or adversely affect, the performance or proper functioning of the Academy.

Customer agrees to hold MyContent and any of its affiliates, branches, officers, directors, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from the use of the Academy, the placement or transmission of any message, content, information, software or other materials through the Academy or for violation of the law or the terms and conditions contained in these Terms and Conditions.

PRICES OF GOODS AND PAYMENT METHODS

All prices of MyContent SLU products are expressed in euros and do not include indirect taxes.

The Client can pay for the subscription through the permitted payment methods, which are the following: credit card, through the Stripe online payment service.

With payment by bank transfer, the subscription is considered to have been made when the payment is paid or, in the case of instant bank transfer, with the presentation of proof of payment. For the use of a foreign bank transfer, the commissions will be borne by the Client.

The prices of the products and services offered are those shown on the Service and will be indicated in euros.

MyContent SLU reserves the right to modify the price of the Products, at any time, without prior notice, it being understood that the price charged to the Client will be the one indicated in its Terms and Conditions.

VALIDITY PERIOD OF THE CONTRACT AND CANCELLATION OF SUBSCRIPTION

This Agreement will remain in force during the subscription period of the MyContent Services that the Client has subscribed to.

MyContent reserves the right to deny, withdraw, suspend and/or block access to the Academy and/or any Services to those Clients who fail to comply with these Terms and Conditions. To the maximum extent permitted by applicable law, it will not assume any responsibility towards the Client for the cancellation of access to the Academy for the reasons provided for in this paragraph.

If your access to or use of the Academy has been limited or if your account has been suspended or we have terminated this Agreement, the Customer will not be able to register a new account or access or use the Academy through another Customer's account.

MyContent will have no obligation to retain any content of the account that is subject to cancellation.

RIGHT OF WITHDRAWAL AND REFUND

By subscribing to the services offered at the Academy and accepting these Terms and Conditions of contract, the Client understands and accepts the loss of the right of withdrawal of the products that are delivered once the transaction is completed and get the product. However, during the first fifteen (15) calendar days of subscription, in the event of cancellation by the Client, the total value of the subscription subject to cancellation paid by the Client will be refunded. Said period will begin to run from the day following its subscription.

The refund of the total value of the canceled subscription will be made through the payment method that the Client used in the original subscription.

EXCLUSIONS OF WARRANTIES AND LIABILITY

The Academy and the Services are provided “as is,” without warranty of any kind, either express or implied. Consequently, to the maximum extent permitted by applicable law, MyContent does not guarantee and is not responsible for:

  • does not guarantee nor is it responsible for the absence of errors or that possible errors will be corrected;
  • does not guarantee nor is it responsible for the absence of viruses and other harmful components in the Academy;
  • does not guarantee nor is it responsible for the invulnerability of the Academy and/or the impregnability of the security measures adopted therein;
  • does not guarantee nor is it responsible for, where appropriate, the lack of usefulness or performance of the Academy Services;
  • does not guarantee nor is it responsible for any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the Academy or the websites to which, where appropriate, they may have been established. links.

To the maximum extent permitted by applicable law, MyContent shall have no liability for any unavailability caused by circumstances beyond its control. Due to the nature of the Internet, MyContent cannot guarantee the continuous and uninterrupted availability and accessibility of the Academy. MyContent may restrict the availability of the Academy or certain areas or functions of it if necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the correct or improved functioning of the Academy. MyContent may improve, strengthen and modify the Academy, as well as introduce new tools, applications or functionalities from time to time.

To the maximum extent permitted by applicable legislation, MyContent will not assume any responsibility for any action or conduct of any Client, including the content that they may create, store, share or disclose through it, as well as, with respect to the operations that they may carry out using the tools, applications and functionalities in violation of the applicable regulations or these Terms and Conditions.

MyContent, to the maximum extent permitted by applicable legislation, will not be responsible for any regulatory change regarding official training, which implies the need to assume an additional cost to be able to grant the title. By way of example and not limitation, it will have the power to pass on to the student all extra costs associated with a service provision by the official MyContent collaborating center. The amount associated with the provision of said service will be charged at cost price.

LIMITATION OF LIABILITY

The training cycles offered by MyContent are through official vocational training educational centers, so they are governed by the provisions of the regulations in force at the time of completion by the Client. In this sense, MyContent is exonerated from any responsibility with the Client in relation to any legislative modification that invalidates or considers insufficient, the content of the training cycle taken at MyContent in collaboration with said official centers and, the Client, acknowledges this through of the acceptance of these Terms and Conditions of contract.

To the maximum extent permitted by applicable law, in no event, including but not limited to negligence, will MyContent or any of our affiliates, branches or any of our directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, consequential, exemplary or punitive damages arising out of or related directly or indirectly to the use of or the inability to use the Academy or the contents, features, materials and functions related thereto.

The total liability of MyContent, affiliates, branches, directors, officers, employees, agents or content or service providers to Customers for all damages, losses and actions, due to the use of the Academy will be limited and will not exceed the amount, if any, paid by the Client to MyContent for the use of the Academy or the contracting of products or services through the Academy.

UPDATE AND MODIFICATION

MyContent reserves the right to update, modify or delete the information contained, as well as its configuration or presentation, at any time, when necessary for legal, business and/or technological reasons.

PERSONAL DATA PROTECTION

In accordance with the provisions of the Law 29/2021, of October 28, Qualified Protection of Personal Data (LQPD), just like him Decree 391/2022, of 9-28-2022, approving the Regulations for the application of Law 29/2021, of October 28, Qualified Personal Data Protection, we inform you that your personal data collected through the “Registration Form” will be processed by the Data Controller:

Responsible for the treatment: MyContent SLU

  • NRT: L-716381-T
  • Postal address: Carrer de la Unió 17, Edifici KM0, AD500 Andorra la Vella, Andorra
  • Electronic address: [email protected]

Your data will be processed for the purpose of managing our commercial relationship; the uses of which will be: administrative management, billing, accounting, statistics, loyalty and satisfaction with our services. We may contact you via email or telephone, based on the data you have provided us.

The legitimizing basis for the processing of your personal data is based on our contractual relationship for the provision of our services, and your express consent granted through the acceptance of this clause.

The Controller informs you that the processing of data does not involve automated decisions, nor the creation of profiles for predictive purposes of personal preferences, behaviors or attitudes.

Your data will not be transferred to other responsible parties, national and/or international; except in those cases where there is a legal obligation to do so.

Your data will be kept for as long as our relationship is in force and for the legally established time. After the maximum retention periods established by law, your data will be deleted.

In any case, you can exercise your rights of access, rectification, opposition, deletion, limitation, and portability, as well as your decision not to be subject to automated individual decisions; by contacting the Data Controller via email [email protected].

Likewise, if you are unable to exercise your rights before the Data Controller, you have the right to direct your claim to the Andorran Data Protection Agency (APDA).

INDICATIONS ON TECHNICAL ASPECTS

To the maximum extent permitted by applicable legislation, MyContent does not assume any responsibility that may arise from technical problems or errors in computer services that are not attributable to it, that occur during connection to the Internet network or that may be caused by third parties through illegitimate interference that is beyond their control.

MyContent does not guarantee the absence of viruses and other elements that may cause damage to computer systems, electronic documents or third-party pages and, therefore, is not responsible for any damages that may occur due to these causes.

Nor does it assume any responsibility for possible damages or losses that the Client may suffer as a result of errors, defects or omissions in the information provided when it comes from third sources.

APPLICABLE LEGISLATION

For everything that is not provided for, reference is made to the laws of the Principality of Andorra, and will be subject to the jurisdiction of the Courts of the Principality.

© 2023 MyContent SLU – All rights reserved.

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