General terms and conditions of use

1st) CORPORATE INFORMATION

SMASH TENNIS S.L. (hereinafter, EDUCATENNIS) is a commercial company, with registered office in Sant Cugat del Vallés, calle Galicia number 3, CP 08195 (Barcelona) and contact email address info@educatennis.com

EDUCATENNIS is duly registered in the Mercantile Registry of Barcelona, ___________, and its C.I.F. is B-61723482

2nd) APPLICATION

These TERMS AND GENERAL CONDITIONS OF USE (hereinafter, “General Conditions”) are intended to define the terms of access and use of the web platform designed by EDUCATENNIS that offers various SERVICES described below, including online training courses and provision of teaching resources for tennis coaches and players through its web platform (hereinafter, the “WEB”).

These General Conditions may be completed or modified by EDUCATENNIS, if necessary, or, where appropriate, include specific conditions of use for certain services or tools on the WEB (hereinafter “Particular Conditions”).

For the purposes of these General Conditions, “USER” shall be understood as any natural or legal person who visits the WEB and / or makes use of the SERVICES contained or associated with it.

210/5000 The access or use of the WEB implies the acceptance by the USER of all the terms and conditions established in these General Conditions and those related to the Privacy Policy.

All use of the WEB will be considered subject to these General Conditions.

By accessing the WEB and / or any of the services provided through the WEB, the USER declares and acknowledges having read in full and accepting these General Conditions, being duly informed about its content.

In the event that the USER does not respect these General Conditions, EDUCATENNIS reserves the right to suspend his account without prior notice and to deny him access to the service.

3rd) EDUCATENNIS SERVICES

EDUCATENNIS provides various services (each a “Service” and together the “Services”) through its websites located at www.educatennis.com, as well as any other website and applications that are owned or operated or controlled by EDUCATENNIS (each a “Website” and collectively the “Websites”). This includes, among others, all the information, content, services and materials available through any website, social media channels or other online channels that allow participation in any EDUCATENNIS educational program (collectively, the “Online Courses “) and related services.

For clarity, EDUCATENNIS mainly offers online training courses in the field of sport and specifically tennis.

Upon completion of the course objectives and in compliance with all of the policies in this document, EDUCATENNIS may issue a verified certificate of completion upon completion of the online course (“Verified Certificate”), at the sole discretion of EDUCATENNIS and the course instructors. online, to students (defined below) who have completed the course to the satisfaction of EDUCATENNIS, including, without limitation, compliance with all EDUCATENNIS policies.

EDUCATENNIS may also offer online courses in association with accredited third parties or other educational institutions, corporate sponsors, and non-profit foundations and institutions (each an “Educational Partner”).

EDUCATENNIS reserves the right, at any time and occasionally, to modify, interrupt, temporarily or permanently, the Services provided or any part or part thereof, with or without prior notice. The USER agrees that EDUCATENNIS will not be liable to the USER or third parties for any modification, suspension or interruption of the Services, or any part thereof. Nothing in these Terms of Use shall be construed to oblige EDUCATENNIS to maintain and endorse the Services, or any part or part thereof, during the term of these Terms of Use.

EDUCATENNIS and the instructors of the online courses reserve the right to alter, modify or reorganize the syllabus for the online courses, as well as the point value or weight of the tasks, exams, tests, exams, projects and other similar evaluations. of progress. By attending online courses, students acknowledge that EDUCATENNIS and instructors maintain the right and ability to adapt, modify, or revise online courses that EDUCATENNIS and instructors deem appropriate.

4th) ACCESS AND USER ACCOUNTS

Access: There are different ways you can access or use the Services. In each and every case, you are only authorized to use the Services if the USER agrees to comply with all applicable laws, rules and regulations, as well as these GENERAL TERMS AND CONDITIONS OF USE
.

USERS can access the Services as:

● “VISITOR”, that is, any person who browses any of the EDUCATENNIS Services, including, among others, a mobile device or other wireless device without being registered,
● “STUDENT”, which means that you have created a registered User Account (defined below) and have registered or paid to access the Online Courses and other Services and / or services, content and / or certification of EDUCATENNIS provided by EDUCATENNIS or other Educational Partners and who intends to complete the applicable program, including homework and exams, and other requirements related to those individual programs.
● “ASSISTANT”, which means that you have created a User Account and that you intend to take the courses online, that is, attend or watch conferences online but without accessing the final projects or assessments required for certification, o Complete assignments, tests, or another course. Certification assessment related assignments.
● “MENTOR” means that the USER has a user account and has signed the Mentor Services Agreement with EDUCATENNIS to provide tutoring and project review services to students.

The term “USER” refers to a Visitor, Student, Assistant, Mentor or any other person who participates, interacts or makes use of any of the Services and / or any EDUCATENNIS community (for example, moderators, volunteers or experts).

USER ACCOUNTS: to use, access or participate in many of the EDUCATENNIS Services, including online courses or to provide Mentor services, USERS must select a login ID (“User ID”) and a user password. unique user (“User Password”) (collectively, a “User Account”). The USER agrees that he will never disclose or share access to his User Account with any third party for any reason.

When configuring the user account, you can request the entry of additional information, including, among others, name and email address. Additional information may be required to confirm your identity when setting up your User Account and / or later, for example, to confirm the identity before receiving a program termination credential. The USER understands and accepts that all the information provided is accurate, current and complete, and that it will maintain and update its information to keep it accurate, updated and complete. Any information provided false, inaccurate, out of date or incomplete, EDUCATENNIS reserves the right to terminate your use of the Services and your enrollment in any online course, as appropriate.

5th) COMMUNICATION

Agreement to receive electronic communications.

Students, Assistants, or Mentors expressly consent to receive electronically all communications, agreements, documents, notices, and disclosures, whether transactional or promotional in nature, as further described in the Privacy Policy. The USER agrees that all notices, disclosures and other communications that EDUCATENNIS provides electronically satisfy any legal requirement that such communications be made in writing. You agree that you have the ability to store such electronic communications in such a way that they remain accessible to you unchanged.

Agreement to receive automatic or prerecorded calls and SMS messages.

By accepting to receive electronic communications and / or by providing us with your phone or mobile number in connection with the EDUCATENNIS Services, the USER declares that he is the subscriber of the service of the mobile phone number provided, or that he is authorized by the subscriber to register, receive communications by phone or text message. You also consent to receive automatically dialed or dialed calls, SMS and / or text messages so that EDUCATENNIS can (i) notify you of activity related to your User Account and its use; (ii) provide you with services associated with websites or online courses; (iii) solve problems with your user account; (iv) resolve disputes; (v) collect debts; or (vi) as necessary to manage your User Account or enforce these Terms of Use, policies, applicable law or any other agreement. With your consent, EDUCATENNIS may use automated technology or a prerecorded voice to communicate by phone or SMS with offers and promotions. To stop receiving offers and promotions by phone or SMS, the USER must send a text message with the word STOP in response to any communication sent to the phone number identified in relation to the Service from the device for which they no longer want receive communications.

EDUCATENNIS will not share your telephone number with third parties for any other purpose, except to provide EDUCATENNIS services or services affiliated with the provision of the same service.

6th) PRIVACY POLICY

In relation to the use of its Services, EDUCATENNIS may collect, store, use, share and / or process certain information about USERS and their interaction with EDUCATENNIS Services. For more information on how EDUCATENNIS treats the information collected and received, USERS can consult its Privacy Policy.

The USER agrees that the provision of information to EDUCATENNIS during the use of the WEB will be subject to the EDUCATENNIS Privacy Policy.

The USER agrees that the opinions formulated on the WEB relating to it and the services offered or advertised on it may be published after review by the EDUCATENNIS team.

EDUCATENNIS reserves the right not to publish and delete the written comment without prior notice if it fails to comply with these General Conditions.

The USER assumes and consents that EDUCATENNIS does not guarantee the good use that other USERS or other third parties may make of those personal data that the USER has publicly exposed in their profile or in the communications exchanged with others through the WEB.

7th) EDUCATENNIS INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by EDUCATENNIS and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, online conferences, speeches, videos or other lessons, applications, pre-assessments and evaluations, tests, presentation materials, Tasks, Programming Assignments, Programs, Codes, Licenses, and other images, text, designs, arrangements, displays, illustrations, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of EDUCATENNIS and / or its affiliates or licensees, and are protected by copyright, patents and / or other proprietary intellectual property rights under the laws of the European Community.

The EDUCATENNIS logos, trademarks and service marks that may appear on the Websites, on all the Services and on the Online Courses (“Marks”) are the property of EDUCATENNIS and are protected by Community law. All other trademarks, service marks, and logos used on the Services, with or without attribution, are trademarks, service marks, or logos of their respective owners. The elements of the Services are protected by the commercial image and other intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written consent of EDUCATENNIS.

Occasionally, EDUCATENNIS may include software, code, instructions, or other similar information in the Content or materials of the Services; Any such information is provided “as is” for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liability sections below and other terms contained herein. Any use of such information for commercial purposes is strictly prohibited. EDUCATENNIS and / or its affiliates and licensors reserve all rights not expressly granted in this document to the Services, Content and Trademarks.

8th) LINKS TO THIRD PARTY CONTENT

The WEB may contain links to third party pages on the Internet or to services offered by third parties. The pages to which these links refer, as well as the services offered, are not under the control of EDUCATENNIS, and consequently, EDUCATENNIS is not responsible for such content.

EDUCATENNIS has these links with an exclusively informative purpose for USERS, which does not imply that EDUCATENNIS recommends said web pages or services or that it is associated with them.

EDUCATENNIS cannot guarantee that the USER is satisfied with the products, services or information contained in a source external to the WEB, nor is it responsible for the actions of third parties to the content to which it links.

The WEB may contain links to other web pages that offer paid services or content, in which case it is the responsibility of the USER to carry out the appropriate checks to verify if these services are remunerated before continuing the transaction. EDUCATENNIS is not responsible for transactions of any kind that take place outside the WEB, even if the USER has accessed them through existing links on the WEB.

9th) POLICY OF CONDUCT OF USERS

As a condition to access or use any of the Services and / or Courses online, it is prohibited by commitment of the USERS:

(a) violate any applicable law, regulation or standard;
(b) configure multiple User Accounts,
(c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, create derivative works or exploit for commercial purposes any part of the Services, online courses, any Content (as defined below), or any another aspect of EDUCATENNIS operations, apart from what is expressly permitted in these Terms of Use;
(d) reverse engineer, decompile, disassemble, or access the source code of any software that may be used to operate the Services;
(e) use the name, trademarks, service marks or other materials of EDUCATENNIS in connection with, or to transmit, any unsolicited communication or email;
(f) use any high-volume, automated, electronic or third-party means to access the Services, including, but not limited to, robots, trackers, browser plug-ins, browser extensions, spiders or scripts (“Plug-ins”));
(g) frame the Services, place pop-ups on their pages, or affect in any way the display of their pages;
(h) falsely state, impersonate, or otherwise misrepresent your identity, including without limitation the use of a pseudonym or misrepresentation of your affiliations with a person or entity, past or present;
(i) force headers or manipulate identifiers to hide the origin of any communication transmitted through the Services;
(j) directly, or through any plug-in, any part of the websites and / or services; me
(k) interfere or interrupt the Services or the servers or networks connected to the Services, or disobey any requirement, procedure, policy or regulation of the networks connected to the Services.

In addition, you may not post, upload, transmit or make available through the Services any content, communications or other information (collectively, “Unauthorized Content”):

obscene, fraudulent, indecent, or libelous content that defames, abuses, harasses, discriminates, or threatens others;
Containing viruses, Trojan horses, worms, time bombs, cancellation boats or other deactivation devices or other harmful components intended or likely to harm, interfere with, secretly intercept or expropriate any system, data or personal information;
that you have no right to disclose or make available under any law or contractual or fiduciary relationships (such as inside information or confidential and proprietary information that has been learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringing the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
that violates the rights of other Users of the Services; or
that violates any applicable local, state, national or international law or otherwise defends or encourages any illegal activity.

To the extent that the USER is registered or enrolled as a student in an online course provided by an educational partner or other institution with its own policy on student and / or employee conduct or an “honor code”, these terms will apply. the USER as a student and / or employee of said institution.

10th) Registration And Account System

The WEB has an environment reserved for USERS who open an account, which can be accessed once the registration procedure has been completed. Registration is open for both individuals and companies.

Registration implies the possibility that other registered USERS may have access to some of the data provided in the registration request (those that correspond to their “Public Profile”), and such data may be used so that the rest of registered USERS interact with the USER.

The accounts of the USERS registered on the WEB are private. The creation of an account on the WEB entails the attribution by the USER of a name and password (“IDENTIFYERS”) that will allow him to access his private account.

The IDENTIFICATORS are personal and confidential and can only be modified at the express request of the registered USER or on the initiative of EDUCATENNIS.

The USER is responsible for the use of their IDENTIFICATORS and undertakes to preserve them in secret and not to disseminate or communicate them publicly.

In the event that the IDENTIFICATORS of a USER are lost or stolen, the USER will be responsible for their loss and must immediately start the procedure for modifying IDENTIFICATORS, available from the WEB itself or by contacting EDUCATENNIS info @ educatennis. com, to prevent misuse or malicious use by third parties.

The USER agrees to use his account on the WEB in accordance with these General Conditions and, where appropriate, the Particular Conditions that may be applicable to him.

The USER undertakes to notify any modification that affects the data provided and to answer for its veracity and accuracy.

EDUCATENNIS reserves the right to verify the veracity of the data provided by the USER and to exercise the legal actions that may correspond to it, such as the right not to register a USER or to unsubscribe if it supplies false or incomplete data.

11th) GRATUITY AND COSTS

Access to the WEB website and access to some of its tools and services will be free of charge for the USER (notwithstanding the eventual rates to which the USER may be subjected due to data traffic on their computer or mobile device and which You can be billed by your own Internet provider when you download and / or use the WEB).

In the event that EDUCATENNIS introduces content whose access may generate additional costs for the USER, the USER will be duly informed and their express and explicit consent will be required in advance.

12ª) CHANNELS OF COMMUNICATION AND CHAT

Registered USERS may communicate with each other through a social network or chat system, with the option of geolocation.

The USER knows and accepts that the use of these services may imply that the other USERS see the profile data that the USER has provided, as well as the content of the letters sent or received.

The USER knows and accepts that the communications and messages sent through the social network or chat service and other communication channels may be subject to review or analysis by EDUCATENNIS, subject to the rules established in the Privacy Policy.

In any case, the USER undertakes to use these tools in a responsible way, trying at all times not to disturb, inconvenience or disrespect other USERS and / or the personnel of the PORTS with whom they communicate or from whom they receive communications.

13ª) GEO LOCALIZATION

Some parts of the WEB work with Google Maps or Google Earth geographic location services, including Google Maps application programming interfaces (APIs). The use that the USER makes of said applications will be subject to Google’s conditions of use. You can find more information about these conditions by clicking here.

EDUCATENNIS does not guarantee and declines all responsibility for damages or losses that the USER may suffer as a result of the use of tools or utilities of the WEB that have geolocation services, derived from the inaccuracy, imprecision or vagueness of the elements that are the object location, as well as the existence of obstacles, natural or artificial, that may hinder or impede the route followed by the USER or guided by the WEB to reach an element subject to geolocation.

By virtue of the foregoing, EDUCATENNIS does not guarantee and declines all responsibility for any damages that may occur in the boat or navigation means used by the USER, its components or accessory systems, as well as the other occupants that accompany it, and whose origin is in the inaccuracy, imprecision or vagueness of geolocation services contained in or linked through the WEB.

The use of the WEB does not exempt the USER from using due diligence that would otherwise be used for the proper development of the activities inherent to navigation.

14th) SANCTIONS

EDUCATENNIS can modify, suspend, limit or delete access to the service, as well as the USER’s account that does not respect the obligations and stipulations set forth in these General Conditions and the Particular Conditions, where applicable. In such cases, the USER may not claim any compensation.

EDUCATENNIS may claim compensation from the USER that is intended to compensate for the damage caused.

15th) RESPONSIBILITIES AND GUARANTEES

EDUCATENNIS does not guarantee that the availability of access for download or use or the continuity of the operation of the WEB and / or all or part of its services or tools may occur at any time, for which reason it declines any responsibility for damages. and damages caused to the USER as a consequence of the unavailability, access failures and / or lack of continuity of the WEB or its content.

In any case, the responsibility of EDUCATENNIS will be excluded in cases in which cases of fortuitous event or causes of force majeure occur, according to these concepts are defined in the Spanish civil law, or when the configuration of the devices used by the USER is not the optimal or adequate to allow the correct use of the WEB.

Likewise, EDUCATENNIS is not responsible for the presence of viruses, malicious files or any other computer element present in the download, access and / or use of the WEB on the USER’s equipment. In any case, the USER is responsible for the acquisition, maintenance and adaptation of the optimal tools for the detection and disinfection of such external interference.

EDUCATENNIS does not guarantee the veracity and accuracy, exhaustiveness and / or authenticity of the data provided by the other USERS nor by third-party service providers that have a link on the WEB. Consequently, EDUCATENNIS will not be responsible, neither directly nor indirectly, for the damages or losses suffered by the USER as a consequence of the lack of veracity, accuracy and / or authenticity of said data and information.

EDUCATENNIS is not responsible or guarantees the correct behavior of the rest of the USERS of the WEB towards the USER, nor does it make any statement, confirm or endorse that such USERS may have a history or have displayed improper or criminal conduct. Therefore, EDUCATENNIS declines any responsibility for the improper use of the WEB by other USERS, especially, that derived from the use of interaction tools between USERS, such as forums, chats, social networks, or similar, and that could derive in violent, sexual assault, demeaning, or intimidating behaviors or acts.

The USER undertakes to indemnify EDUCATENNIS for the costs that EDUCATENNIS may be obliged to bear as a consequence of any claim, administrative, judicial or extrajudicial, complaint, sanction, demand, or denunciation, linked to the use of the WEB by the USER.

16th) LEGAL WARNING

EDUCATENNIS warns that all the information and data contained in the WEB are liable to be modified at any time, taking into account the interactive nature of the WEB and that such information and data may be changed in accordance with company policy.

EDUCATENNIS warns that all or part of the information and data contained in the WEB may have been supplied by third parties or collected from indirect sources, with the inherent risk of inaccuracy, imprecision or vagueness. Consequently, EDUCATENNIS is not responsible for the decisions made by the USER based on the information or data provided through the WEBSITE, nor for the damages and losses suffered by the USER or third parties due to actions based solely on the information or data obtained on or through the WEB.

17th) MISCELANEOUS

Introduction of modifications.
EDUCATENNIS reserves the right to make the modifications or updates it deems appropriate to the WEB, being able to alter, delete and include new content and / or services, as well as the form of presentation and location of the same.

Age of use of the Web.
To use the WEB, the USER must be over 14 years old and not be disabled. Failure to comply with the above requirements, the USER must have the proper authorization of their guardians or legal representatives or person who complements their capacity, who will be responsible for all acts carried out through the WEB by the USER.

However, EDUCATENNIS reserves the right to include specific services on the WEB, in which access is restricted solely and exclusively to adults, which will be duly marked.

Notifications and communications.
EDUCATENNIS may communicate with the USER by sending emails to the address provided by the USER during the opening of his account, or also by notifications or notices through the WEB itself.

In turn, the USER may contact EDUCATENNIS via email sent to info@educatennis.com

In the event that the USER or any third party considers that certain elements or contents of the WEB violate their industrial or intellectual property rights, their image rights, or others of a similar nature, they may contact EDUCATENNIS by ordinary mail at the address that appears in the heading, by means of a system that allows the receipt of the shipment and its content to be proven, providing all the elements that justify its eventual ownership or the existence of the alleged violation of rights. Once this communication is made, after the correct verification and verification of accuracy that corresponds in each case, EDUCATENNIS will remove the content of the WEB that may be affected.

Nullity of the terms and conditions of use.
In the hypothetical case that a provision of these General Conditions is declared null, illegal or unenforceable, the validity, legality and applicability of the remaining clauses will not be affected, integrating any gaps that may remain in the way that is most in accordance with the content of these General Conditions.

The titles of the clauses have an indicative value and should not be considered as an integral part of the terms and conditions or limiting the content thereof.

Translation.
In the case of translating these General Conditions into other languages and arising discrepancies regarding the content, the Spanish version will prevail.

Duration and term.
The service and content offered by the WEB have an indefinite duration, unless expressly stated otherwise. Notwithstanding the foregoing, EDUCATENNIS may terminate, suspend or interrupt unilaterally, at any time and without prior notice of the WEB and all or part of its content.

Applicable law and jurisdiction.
The relationships established by EDUCATENNIS and the USER, of whatever type, whether derived from or not derived from these General Conditions or from the Particular Conditions that may correspond, will be subject to SPANISH LAW, excluding any other state legislation except that is applicable by legal imperative.

All questions related to the services and content provided by or related to the WEB, including the interpretation, validity, efficacy, compliance, execution, precautionary or provisional protection of these General Conditions or Particular Conditions that correspond, will be subject to the knowledge of the Courts and Tribunals of the city of BARCELONA, unless there is another non-derogable jurisdiction due to legal imperative.