These conditions (hereinafter the "Conditions") govern the provision of Smartick training services, including the use of its platform (hereinafter, the "Services") through the website located at address http://www.smartick.com or http://www.smartickmethod.com, or any of its sections or sub-domains (hereinafter "website").
Services are provided by Sistemas Virtuales de Aprendizaje, S.L. (hereinafter "Smartick"), mercantile company incorporated in Spain and registered in the Mercantile Registry of Malaga, volume 4684, page 190, page number MA-102744, with N.I.F. number B-93020808 and registered office at Calle María Orueta 14, Urbanización El Olivar, 29140, Málaga. You can contact Smartick via email at [email protected].
Services are acquired by the parent or guardian (hereinafter, the "Tutor"), on behalf of one or more children (hereinafter the "Children"), and a guardian may also be appointed to monitor each child (hereinafter the "Secondary Tutor").
In the event that there are special conditions or other specific rules for Smartick Services, those particular conditions or specific rules will prevail over these Terms to the extent that they are incompatible with each other.
In relation to the collection and use of the personal data of Tutors, Secondary Tutors and Children, applicable to Privacy Policy.
These conditions apply with additional character to Terms of Use of the Website.
By agreeing to the contract of Services, the Tutor has read, accepted, and submits to these conditions.
Through these services, Children can improve their skills in specific subjects through exercises that will adapt to their performance. By hiring these Services, the Tutor will establish the conditions for participation of each child in the curriculum and children can perform daily exercises through the platform on the Website. In addition, the Guardian, and if applicable the Secondary Tutor, can track the status of children within the Study Plan. The Tutor will receive notifications will the frequency and by the means chosen by the Tutor within the available times.
Services are provided in accordance with the information provided on the Website or otherwise by Smartick, and may be modified or deleted in whole or in part, at any time.
Unless otherwise stated, any amendment to the Services or any new service offered by Smartick in relation to them through the Website is subject to these Terms.
To use the Services, the Tutor, the Secondary Tutor and the Children must have access to Internet, pay the costs of such access, and be able to access the necessary equipment for this purpose. The Tutor is solely responsible for checking the functionalities of the Services, as well as the suitability for their needs, before undertaking the engagement.
To hire the Services, the Tutor must register themselves and any children who want to benefit from the Services.
The guardian must be an adult, but children may be minors. The Guardian states that they are legitimate and fully trained to represent the children and that they satisfy these conditions to register.
If desired, the Tutor can register a Secondary Tutor for the Child, who must also be an adult. The registration process will require the acceptance and agreement of the Secondary Tutor to these conditions.
The Tutor is committed to ensuring that all Children and Secondary Tutors affiliated with the account meet these conditions. The Tutor will be held responsible for all acts performed by Children and Secondary Tutors.
The Tutor agrees to provide all the information required for compulsory registration and to provide accurate, complete and current information about yourself, Children and Secondary Tutors.
The Tutor guarantees the authenticity of all data that they communicate in the registry, including those corresponding to the Children and Secondary Tutors. Likewise, it is the responsibility of the Tutor to keep the aforementioned information up-to-date, as appropriate, The Tutor shall be responsible for any false or inaccurate information provided and any damages that this may cause to Smartick. If the Tutor provides, or Smartick has reasons to suspect that false, out-of-date or incomplete information has been provided, Smartick may suspend or terminate registration and associated records of Children and Secondary Tutors, as well as provision of Services.
By registering, the Tutor, Secondary Tutor and Children agree to follow these rules:
Once Tutor registration is complete, a confirmation screen will appear and a confirmation email will be sent to the relevant address.
The Tutor, Children and Secondary Tutors agree not to use the Service to perform or suggest activities prohibited by law or that may infringe third party rights.
The Tutor, Children and Secondary Tutors shall not interfere with the Services and, in particular, shall not impersonate another user or person.
Procedure for contracting of Services
When the Tutor wishes to hire these Services for a Child, the Tutor will register on the website, providing their personal data and stating a password.
Then, following the steps indicated by the Website, the Tutor must choose the desired contract option, payment period and payment method. Available discounts can also be applied.
Once you have completed the application form, we will send you a confirmation of contract summarizing the details and the Tutor may agree by pressing the "Contract" button. Next, the welcome screen will allow you to provide additional data to facilitate the provision of services.
Once the subscription has been finalized, the contract for the provision of the Services will remain in force and will be renewed automatically for successive periods subsequent to those covered by the first payment or previous payments, with Smartick being able to make the corresponding charges, until its cancelation by the Tutor in accordance with what is indicated below in the section "Cancelation of Services".
The Tutor can change the configuration of the payment for the Service at any time through the account settings.
Sometimes Smartick will provide Services on a trial or evaluative basis in order to facilitate decisions made by the Tutor as to assessing the appropriateness of the acquisition of the Services, in which case the liability will not apply in terms of indications provided for that purpose by Smartick.
Smartick reports that it uses secure payment gateways that guarantee the integrity of communications by secure means, and that the payment is made according to the SSL security protocol. Authentication mechanisms are defined by the payment card issuer. Smartick does not store, process, or transmit payment details regarding the card itself or the cardholder, card number, cardholder name, expiration date, service code, electronic signature or authentication code, magnetic strip information from the card, or the bank account associated with the card. Any payment made on our Website must be made by credit or debit card or PayPal. The paying cardholder agrees that the card must be associated with a bank account that has sufficient funds to complete the transaction and that the card is enabled for online payments. The cardholder or the selected method will be responsible for the transaction.
4.2 Right of withdrawal
The Tutor has the right of withdrawal from the contracting of services within fourteen working days of the commencement of the contract. However, the Tutor expressly agrees that, since the object of these Conditions are services, attending to the provisions of that legislation, whether the implementation of the Services begins before exercise of withdrawal in the previous term, you will lose the right to withdraw if the service has been executed.
4.3 Documentation relating to transactions made
Smartick will confirm, via email to the address provided by the Tutor on the record, the subscription to the Services made for any child and the terms of the same.
The Tutor may print these terms, as well as any particular conditions applicable to the Services during the contracting process. Likewise, proof of payment will be generated in a PDF format and you can view payments at any time in you account, through the Website.
4.4 Price and Payment Methods
Prices shown on the website for the Services or any part thereof (eg monitoring notifications and incidents) will be applicable at all times.
Please note that if you are contracting from outside of Spain, Smartick will be considered an international operator, so your payment institution will handle the payment based on the conditions that you have contracted for international purchases, which may imply that the value is changed based on the exchange rates applied or that you are charged in a currency other than the one selected.
Unless otherwise specified in the particular conditions of hiring the services, the price will include VAT that may be applicable, if any, to such services.
Smartick reserves the right to modify at any time the prices applicable to the Services. Such modifications will be posted on the Website and users duly notified.
The price for the services can be paid by direct debit, credit card or PayPal, for which the tutor must provide the necessary information requested.
The Tutor ensures proper use of the method of payment accepted by Smartick, that all information transmitted is correct and up to date, and agrees to pay the full price, including taxes.
4.5 Cancellation of Services
The Tutor can request cancelation of the Services to one or more of the children at any time. To do this, the Tutor must complete and submit the application form available on the Website. This application will only be effective once it has been verified by Smartick, no later than seven (7) days after receipt.
The cancelation request does not affect the services that have already been contracted and paid for, which will continue to be provided until the end of the period already contracted. Advance payments will not be returned, with the exception of the Yearly Payment Plan, and without prejudice to the established right of withdrawal.
For the Yearly Payment Plan (one-installment), the Tutor may request cancellation of the first subscription at any time, and the corresponding outstanding amount from that first annual subscription will be returned. This calculation shall take into account the amount corresponding to the most advantageous rate that the Tutor could have contracted until the time of cancellation, which will be deducted from the total amount paid at the beginning. See examples below:
1. If a Tutor with a Yearly Payment Plan decides to cancel the Child's subscription after two months of use, the outstanding amount will correspond to subtracting two payments equivalent to a monthly rate from the yearly payment.
2. If a Tutor with a Yearly Payment Plan decides to cancel the Child's subscription after three months of use, the outstanding amount will correspond to subtracting one payment equivalent to a quarterly rate from the yearly payment.
3. If a Tutor with a Yearly Payment Plan decides to cancel the Child's subscription after seven months of use, the outstanding amount will correspond to subtracting two payments equivalent to a quarterly rate and one payment equivalent to a monthly rate from the yearly payment.
Similarly, the Tutor may cancel the Secondary Tutor's access at any time.
The Tutor, the Children, and the Secondary Tutors recognize that the elements and utilities within the Services, including its own content or content licensed to Smartick, are protected by legislation on intellectual and/or industrial propperty.
The Tutor, Children, and Secondary Tutors acknowledge that the reproduction, modification, transformation, public communication or distribution, including but without limitation to, commercialization, decompilation, disassembly, use of reverse engineering or other means to obtain the source code of the website or applications available through the same means which the services are provided, constitutes an infringement of the rights of intellectual property, forcing them to therefore not take any of the actions aforementioned.
The Tutor, Children and Secondary Tutors agree to use the information and applications available through the Website solely for their own needs directly or indirectly and to not make any commercial use of these Services.
The Services may allow the Tutor, Children and Secondary Tutors to upload content ("The Content"). All uploaded content is the sole responsibility of the person who created it and not Smartick. Smartick can modify or delete all or part of any Content that, in its view, violates these Terms or may be offensive, illegal or violate the rights of any third party. When they include Content, the Tutor, Child or Secondary Tutor grants Smartick the right to sublicense, on a non-exclusive worldwide scope, to use, reproduce, modify, transform, publish, distribute, delete or incorporate the content to the Website and the application through the which the Services are provided.
Subject to these conditions and payment of the established price for these Services, Smartick gives the Tutor, Children and Secondary Tutors a nonexclusive, nontransferable license to use the platform of the Website only to receive the services and to the extent that they are entitled to receive them. Barring this license, Smartick reserves all rights to intellectual property on the platform or other Services.
Notwithstanding the limitations of liability set forth in the Terms of Use of the Website, Smartick does not guarantee the quality, accuracy, reliability, correctness or morality of the data, programs, information or opinions contained in the Website, the Services, or the platform through which they are accessed.
Except in the case of tortuous actions, and those particular circumstances that the user or purpose, resulting from application an imperative liability regime, Smartick will not be liable for any damages whatsoever generated by the user using the Service.
The Tutor, Child or Secondary Tutor, where appropriate, agree to indemnify and protect Smartick and its subsidiaries, suppliers and their respective directors, shareholders, directors, employees, agents and representatives from any loss, liability, claim or damage including reasonable legal fees, resulting from, or arising related to the use, modification, misinterpretation or misuse by the Tutor, Child or Secondary Tutor of the Website, Services or its contents, including without limitation these conditions.
The Tutor, Child or Secondary Tutor, where appropriate, accept that Smartick may terminate your password, account (or any part thereof) or use of the Services, if Smartick believes you to have violated or acted contrary to the object or spirit of these Terms.
The Tutor, Children, and Secondary Tutors expressly understand and agree that:
Smartick may unilaterally stop providing the Services to a Tutor, Child, Secondary Tutor or all.
In cases of termination of the Services to a Tutor, Child or Secondary Tutor, particularly when there has been a breach of the Terms or any provision that is applicable, it will suffice to mere communication. The Tutor agrees that Smartick will not incur any liability as a result of the decision in these terms, nor shall Smartick repay any amount paid in advance.
Additionally Smartick may, at any time without incurring any liability, vary the content of the Website, the Services or the platform from which they are rendered, discontinue providing any or all services, disable or delete all or some accounts and information of all or some of the Tutor without further limitations than those established by the applicable laws on the obligation to keep records of certain transactions during the relevant statutory deadlines.
The conditions are subject to the Spanish Law, except for where due to the condition of the user any other regulation is imperatively applicable.