INTRODUCTION
The purpose of these Terms & Conditions is to establish the conditions applicable to the access and use of the information contained and the services provided in the website at www.pentec-academy.com (hereinafter, the “Platform”) by the user (hereinafter, “You”, the “User”, or the “Users”), as well as to comply with the obligations established in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE).
These Terms & Conditions are divided into different sections:
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Section |
Description |
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Section A
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General terms: Sets out the general terms applicable to the use of the Platform and common to all Services, as defined below, provided by PEN & TEC. |
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Section B |
Courses: Sets out the terms that apply, in addition to Section A, to the provision of Courses, as defined below. |
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Section C |
Reports: Sets out the terms that apply, in addition to Section A, to the provision of Reports, as defined below. |
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Section D
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Virtual Seminars: Sets out the terms that apply, in addition to Section A, to the provision of Virtual Seminars, as defined below. |
Therefore, the following terms will apply to You:
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Service Purchased |
Applicable sections |
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Course |
A and B |
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Report |
A and C |
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Virtual Seminar |
A and D |
A. GENERAL TERMS
Information
The owner of the Platform is PEN & TEC CONSULTING SL, with Spanish Tax Identification Code B65673774 and registered office at PLAZA AUSIAS MARCH, 1 – 4PLANTA, 08195, SANT CUGAT DEL VALLES (BARCELONA), SPAIN, entered in the Register of Companies in Volume 42878, Sheet 92, Page 417175, entry no. 1. -Term
The e-mail address at which the company may be contacted is: support@pentec-academy.com.
Services and duration
The purpose of the Platform is to offer online video courses to professionals and consumers about feed & food regulations in the EU and worldwide (“Courses”), reports on feed & food regulations in the EU and worldwide (“Reports”), and virtual seminars on feed & food regulations in the EU and worldwide with expert professionals of the sector (“Virtual Seminars”, hereinafter, all together, the “Service(s)”). Through the access to the Platform, registered Users have access to the different online courses that the Company offers.
The specific terms applicable to each of the Services are included in Section D, for Courses, Section E, for Reports, and Section F, for Virtual Seminars.
The duration of the Services varies depending on the Service selected and it is indicated in the respective “information” section.
User’s account
To register to the Platform you must be of legal age (18 years old or more).
Each User is responsible for keeping his/her Credentials secret, they are personal and non-transferable, and the User assumes any damages that may arise from their improper use, as well as from any assignment, disclosure or loss. In this regard, access to the Service made with the Credentials of a User will be deemed made by that User, who will be liable in all cases for this access and use. In the event of any risk of access and/or use of the Credentials by unauthorized third parties, Users must immediately inform PEN & TEC which will promptly proceed to block the Account and provide the User, where appropriate, with new Credentials.
As a registered User you can close your Account at any time from the Platform or by contacting the Company at support@pentec-academy.com. Please note that after closing your Account you won’t be able to access the Materials, as defined below, and the courses; the cancellation of your Account shall not affect any of your outstanding obligations to us (including obligation to pay any sums to us).
We may unilaterally close the Account for any breach of this Terms and Conditions by the User.
User’s Responsibilities
Your non-exclusive right to use the Platform and/or the Services is personal and you are not authorized to sell or transfer your Account to another person nor share the content with any third party.
You agree:
You agree that you only have the right to use the Service in accordance with these Terms and Conditions.
Acceptable Use Rules. When you use the Platform and our Services, you must not:
Failure to comply with these acceptable use rules constitutes a material breach of these Terms and Conditions and we may take any or all of the following actions (with or without notice):
The actions are not limited to those described in this paragraph, and we may take any other action we reasonably consider appropriate.
Any User may contact us by sending a “Notice of Infringement” if the content available through our Service infringes their rights or fails to comply with our Acceptable Use Rules. The Notice of Infringement should be sent by email to support@pentec-academy.com.
Please provide the information described below in the Notice of Infringement:
We will take such action as we consider appropriate, based on the nature of the Notification of Infringement and will respond to you within a reasonable period of time regarding the action we propose to take.
Price and payment
The price of the Services (the “Price”) is specified in our Platform, in the “information” section of each course. The Prices may change over time and our Platform will indicate the latest Price applicable to each Service. All Prices are in Euros and exclude the corresponding VAT, if applicable.
Users can alternatively (a) pay online with credit card when purchasing a Service, or (b) for Courses and Virtual Seminars, require an invoice, once they are registered and have an Account. In the latter case, invoices must be paid within 30 days from receipt and, in any event, prior to the Course or Virtual Seminar starting date.
Exclusion of withdrawal
Except as otherwise indicated in these Terms & Conditions for consumers in the meaning provided by art. 3 of Spanish Law on the defense of consumers (Real Decreto Legislativo 1/2007), once you have paid the respective fees, you are not entitled to withdraw from the Service.
Policy with Regard to Links and Exemption from Responsibility
PEN & TEC accepts no responsibility for the content of any third-party website to which Users may gain access through links created on the Platform and it shall under no circumstances undertake to examine, or to exercise any type of control over, the content of other websites on the Internet. It shall likewise under no circumstances guarantee the technical availability, accuracy, truthfulness, validity or legality of any website outside its ownership to which Users may gain access through those links.
PEN & TEC affirms that it has taken all necessary measures to avoid any harm which may be caused to Users of its Platform by browsing through the pages of its Platform. Consequently, PEN & TEC shall under no circumstances be held responsible for any possible harm that Users may suffer through browsing through the Internet. However, by virtue of article 17 of Spanish Law 34/2002, in case Pen & Tec is aware of the unlawfulness of content accessible through our Platform or links, it undertakes to suppress or disable the links, as well as, where appropriate, blocking those contents that may be unlawful or infringe the rights of any third-party, in accordance with articles 11 and 16 of the mentioned Law.
Modifications
PEN & TEC reserves the right to carry out, without giving prior notice, any modifications to the content of its Platform that it may consider appropriate, both in relation to the contents of the Platform and to its conditions of use or general contract conditions. These modifications may be made, through its Platform, by any legally admissible means and it shall be compulsory to comply with them for as long as they are published on the Platform and until such time as they are modified in a valid manner by any other subsequent modifications.
Cookies
PEN & TEC reserves the right to use cookies when Users browse through its Platform in order to facilitate the customization and convenience of browsing. Please see our Cookie Policy here.
Protection of Personal Data
In accordance with the provisions of applicable law (the EU General Data Protection Regulation and the Spanish law on data protection) PEN & TEC informs the Users that the personal data collected by the Company on the Platform and in communications with the Company will be processed by PEN & TEC in accordance with our Privacy Policy which is incorporated to these terms by reference, and which is accepted by the User. Please read it carefully.
Intellectual Property
The intellectual and industrial property rights in all the texts, images, and ways and methods of presenting and laying out the Platform and the learning materials provided to Users (hereinafter, the “Learning Materials”) belong to PEN & TEC or its licensors, and these elements are protected by applicable national and international law.
All rights reserved. You may not reproduce, distribute, distribute or use of the whole or part of the contents of the PEN & TEC Platform and Services and the Learning Material (other than for internal browsing) without our express written consent, unless otherwise stated in the sections about each of the Services.
Support
If you have any issues with accessing your Account or the courses, you can contact us at support@pentec-academy.com we will be happy to help you.
Warranties, disclaimer and Limitation of Liability
We use all commercially reasonable efforts to publish and provide the Platform and our Services and to correct any errors or unavailability. We do not warrant that the Platform is error-free, and it may not always be up and running or available due to maintenance, connectivity errors or force majeure events. Company hereby warrants that the courses are provided by professionals of the relevant sectors and their content will be up to date, in accordance with the latest feed & food regulations in the EU and worldwide.
Except as otherwise provided herein and to the extent permitted by applicable law, the Platform, the Service and the Learning Material are provided for learning purposes only and do not constitute a legal advice. Both the Platform, the Service and the Training Material are provided “AS IS” and neither the Company, its employees, affiliates, agents, nor the like make any warranties of any kind, either expressed or implied, including warranties of satisfactory quality, fitness for purpose or that they will be uninterrupted or error free.
The Company assumes liability to its registered Users for direct damages suffered by them due to our willful misconduct. Except as otherwise provided in these Terms and Conditions and to the extent permitted by applicable law, all indirect liabilities are excluded and neither Users nor the Company shall be liable to the other party for any loss of profits, data, business interruption, loss of goodwill or damage to reputation, or any other indirect damages. Furthermore, the Company expressly disclaims all responsibility deriving from decisions made or actions taken by the Client in reliance on the content of the Service and/or the Learning Material and for the results obtained from the use of the information included therein.
Complaints and Disputes
If you have a complaint or dispute with us relating to the Service, in the first instance please contact us at support@pentec-academy.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a complaint or dispute informally, we will discuss and agree with you the most effective way of resolving it.
Applicable Legislation
The Company and the User expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish law.
Applicable Jurisdiction
Except as otherwise indicated in these Terms & Conditions for consumers, the applicable jurisdiction for any claims and disputes shall be submitted to the competent courts of Barcelona, with the exclusion of any other.
Consumers
If You are a consumer in the meaning provided by art. 3 of Spanish Law on the defense of consumers.
1. Exclusion of the right of withdrawal
a) Users are informed that the right of withdrawal does not operate, in accordance with Article 103.a of the Real Decreto Legislativo 1/2007, after the Service has been fully performed, id est, after (a) the User is given access to the online course, or (b) the User has downloaded the Report, or (c) the Virtual Seminar has begun.
2. Applicable Jurisdiction
a) The applicable jurisdiction and legislation regarding the contracting of the services between the Company and the User will be the place where the consumer’s registered address is located.
3. Claims
The European Commission provides a free access platform for the extra-judicial resolution of conflicts online by electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit themselves, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.
a) Link to the complaint form:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=es
b) Link to the search engine for conflict resolution bodies:
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
B. SPECIFIC TERMS FOR COURSES
Refunds
If you already paid the fees for the Course and, for reasons outside your control or force majeure events, you cannot access it, we will refund the fees paid by you. In order to obtain the refund, Users must send a refund request support@pentec-academy.com explaining the reasons impeding him/her to access the Course. Once we receive your request, we will check our Platform to determine if you actually accessed the Course or not, and, if not, we will refund you the fees paid.
Learning Materials
PEN & TEC makes available to Users its Learning Materials related to the contracted Course. The mentioned Learning Materials will be available on the Platform and Users will be able to access them at any time after the Course’s starting date and after its finalization. Users shall not download, screenshot, copy, use the Learning Materials or any part thereof for purposes other than private use, nor share it with third parties.
C. SPECIFIC TERMS FOR REPORTS
No cancellation
Once the User pays for a Report, the User is not entitled to withdraw nor to ask for a refund.
Rights on the Reports
The intellectual and industrial property rights in the Reports belong to PEN & TEC or its licensors, and are protected by applicable national and international law.
All rights reserved. Users are allowed to download, store a digital copy on their laptop and to print the Report, provided that only one printed copy exists at any time. The Report, both in digital and in paper format, must not be distributed or otherwise made available to third parties, modified nor used for any purposes other than personal ones, without PEN & TEC’s express written consent. For the avoidance of doubts, providing the Credential to a third party to access a Report is strictly forbidden.
D. SPECIFIC TERMS FOR VIRTUAL SEMINARS
Modifications
PENTEC reserves the right to modify the speakers, the date and venue due to reasons beyond our control. PENTEC will notify Users of any changes through its Platform and via email, by any legally admissible means.
The Users can modify the participation from his/her own name to a substitute delegate within the User’s organization, by contacting PENTEC at support@pentec-academy.com providing evidence that the substitute works for the same organisation (e.g., the email address domain is the same). This change can be made at no cost.
Transfer
The transfer is subject to the payment of the difference on higher value courses. Once the transfer is requested, no cancellation or further transfer can be accepted. For the avoidance of doubts, the User will be entitled to participate the following Virtual Seminar in the Platform’s calendar, regardless of the topic of that seminar.
Cancellation and refund policy
Users may cancel their participation in a Virtual Seminar by sending a cancellation request at support@pentec-academy.com or by telephone at +34 936 758 015. PENTEC will cancel the User’s participation and, upon the receipt of the User’s justified evidence that cancellation is necessary, will refund the fees paid in accordance with the table below.
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Cancellation times |
Refund |
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Up to 14 days before the seminar starting date |
85 % refund (100% of the price paid -15 % as admin fee) |
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13 to 4 days before the seminar starting date |
65% refund (85% of the price paid -15 % as admin fee) |
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3 days or less before seminar starting date |
35% refund (50% of the price paid -15 % as admin fee) |
Learning Material
Users are allowed to print the Learning Material, provided that only one printed copy exists at any time and that copy is not distributed or otherwise made available to third parties, modified nor used for any purposes other than personal ones, without PEN & TEC’s express written consent.
The Learning Material, in whatever format, must not be shared on personal websites and/or blogs, company intranets or any other sharing sites or applications.
October 5, 2021.