1.- Identification, acceptance and access to the website
These Terms and Conditions govern the access to and use of the website www.proactiveparenting.com (hereinafter, the “Website”) held by SPLIT ROCK, S.L. (hereinafter “SPLIT ROCK”), with Tax Identification Code (N.I.F.) B-86756558 and corporate address in c/Salamanca number 3, Urbanización La Cabaña, 28223, Pozuelo de Alarcón (Madrid).
Any person who may enter or use the Website shall be deemed to be a user (hereinafter, the “User”) and accept these Terms and Conditions, as well as any amendments and/or legal texts added hereto by SPLIT ROCK in the future.
Through this Website, SPLIT ROCK and Ms Deanna Marie Mason provide the Users with a series of services, courses, consultations, workshops and conferences (hereinafter, the “Content”) related with Proactive Parenting.
- The services offered through the Website may be divided into free-of-charge services, in-person consultation and online consultation. a) Free-of-charge services consist of the provision of information on various areas related to Proactive Parenting. Said services are available through the blog located on the Website. b) In person consultations consist of personalized advice in (1) hours sessions provided in the professional offices of Split Rock S.L. c) Online services consist of personalized advice in (1) hour sessions provided via Skype in the area selected. Online services may be purchased directly through the Website and in accordance with clause 5 of these Terms and Conditions.
- Courses aimed at instructing parents and tutors in connection with the health and education and the development of their children, by providing them information and advice, will be taught online by means of videos which the Users may access through their User account and which will be accompanied, if applicable, by support materials which the Users may download. Online courses may be purchased directly through the Website as provided by clause 6 herein.
- Furthermore, Users may contact SPLIT ROCK through the Website for information on Proactive Parenting, conferences and workshops.
3.- User conduct
Users undertake to make a lawful, diligent, honest and correct use of any information or Content they may have access to through the Website (including the content of the Courses which they may purchase), subject to the principles of good faith and with due consideration at all times to applicable law and the present Terms and Conditions.
In particular, without limitation, Users of the Website undertake not to:
- Use the Website for fraudulent purposes, or send or use any unlawful, offensive, abusive, indecent, slanderous, obscene, offensive or threatening materials of any kind, or materials which may entail an infringement of intellectual property rights, registered trademarks, confidentiality and privacy rights or any other rights of SPLIT ROCK or third parties
- Cause maliciously or deliberately any damages which may harm or alter the Website itself, nor introduce or spread computer viruses which may produce unauthorized alterations in the contents or systems of the Website.
- Provide data which are not truthful, exact, complete and/or up-to-date, enter the Website using the name or identification details of another User, or take the place of any other person or identity.
- Duplicate, copy, distribute, transform or modify the information and the Content hosted on the Website or the Courses purchased, except with the authorization of the holder of the relevant rights.
4.- Private account of registered users
Access to the articles and a large portion of the Website’s content shall not require registration by the Users. However, the purchase of the Courses described in clause 2, section II hereof shall require such registration.
Users shall bear full responsibility in connection with the use of their own account. Consequently, Users shall be responsible for the appropriate custody and confidentiality of the user name and/or passwords enabling access to their account, and undertake not to assign the use thereof, whether temporarily or permanently, or enable access to their account to third parties.
By virtue of the above, Users undertake to inform SPLIT ROCK immediately via email@example.com of any undue use of their user name and/or password caused by circumstances such as the theft, loss or unauthorized access to same, in order to cancel said user name and/or password immediately. Failure to notify said circumstances shall render SPLIT ROCK exempt from any responsibilities which may result from the unlawful use of the name and/or password by non-authorized third parties.
5.- Order and purchase terms and conditions of online services
Users wishing to engage the online services described in clause 2 section 1 c) of these Terms and Conditions must fill in a form and select the service or services they wish to engage and select the option “Buy” located at the end of the form.
5.1. Price and Means of Payment
The purchase price of each of the online services may be found on the Website. Said prices are denominated in EUR and are inclusive of VAT and other taxes applicable.
Payments may be made by Credit/Debit Card or through the external service of Paypal, at the User’s option.
SPLIT ROCK will contact the User within 72 hours after the purchase in order to arrange the sessions.
5.2. Right of withdrawal
Once the purchase price has been paid and the provision of the service has begun, the User will not be entitled to withdraw in accordance with the provisions of article 103 of the General Consumer y User Protection Act (Ley General para la Defensa de Consumidores y Usuarios). Therefore, the User may not be entitled to a reimbursement of the amount paid once the provision of the services has commenced.
6.- ORDER AND PURCHASE TERMS AND CONDITIONS OF COURSES
Users wishing to purchase the Courses described in clause 2, section II, of these Terms and Conditions must log into the Website by filling in the registration form and follow the steps required to purchase the Course they are interested in.
The Courses may be taught in Spanish or English. The User will be given the option to select either language when purchasing the Course.
6.1. Price and Means of Payment
The purchase price of each of the Courses may be found on the Website. Said prices are denominated in EUR and are inclusive of VAT and other taxes applicable.
Payments may be made via PayPal or via Credit / Debit Card (MasterCard, Visa, Visa Electron or any other accepted by PayPal), at the User’s option.
6.2. Terms of Access to Videos and Support Materials
The Courses will be given through videos to which the Users may have access through their user account. Each video may be accessed for a period of one year as of the date of purchase of the Course, except as otherwise specified on the Website.
Furthermore, the Courses will be accompanied by support materials which may vary depending on the content of each section in the Course. The User may download these materials, which are intended to help him/her understand the content of the Course.
6.3. Right of Withdrawal
Once the User has paid the relevant Course, he/she will not be entitled to withdraw in accordance with the provisions of article 103 a) of the General Consumer y User Protection Act (Ley General para la Defensa de Consumidores y Usuarios), since the service will be deemed to have begun and the User will have immediate access to the content of the Course (videos and other support materials and/or information). Therefore, the User will not be entitled to a reimbursement of the amount paid once the Course has been engaged.
In the unlikely event that the User should have any problems viewing the video or downloading the support materials and documents, he/she must contact SPLIT ROCK by email sent to , and SLIT ROCK will solve the problem as soon as possible.
7.- Intellectual and industrial property
SPLIT ROCK takes the protection and defence of intellectual and industrial property rights very seriously. For this reason, we inform Users of the following:
- Any intellectual and industrial property rights in the Content and Courses offered through the Website shall remain the exclusive property of SPLIT ROCK or third parties authorized by SPLIT ROCK to use same on its Website, and SPLIT ROCK or such third parties shall retain exclusive exploitation rights in connection therewith.
- SPLIT ROCK does not hereby grant any license or authorization to use any of its intellectual and industrial property rights or any other properties or rights related to the Website, and in no case shall it be understood that access to and navigation on the Website or access to the Content and/or purchase of Courses or any other materials by the User entails a total or partial waiver, transfer, license or assignment of said rights by SPLIT ROCK.
- Under the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of Intellectual Property Act (Real Decreto Legislativo 1/1996, de 12 de Abril, por el que se aprueba el Texto Refundido de la Ley de Propiedad Intelectual), and Trademark Act 17/2001, of 7 December (Ley 17/2001, de 7 de diciembre, de Marcas), as well as other complementary legislation on intellectual and industrial property, any public reproduction, transmission, adaptation, translation, distribution or communication, including making available, or any other form of commercial exploitation and/or amendment of all or part of the Content and Courses offered on the Website, is forbidden without the prior express authorization of SPLIT ROCK.
- In particular, Users which may purchase a Course recognize that the videos and support materials, information or documents are the exclusive property of SPLIT ROCK and undertake not to use said content for any purposes other than for their exclusive personal and private use.
- Any use of the Content not previously authorized by SPLIT ROCK shall be considered a serious infringement of its intellectual or industrial property rights and shall be prosecuted under the law.
8.- Responsibilities and guarantees
SPLIT ROCK has made all and every effort necessary to enable the information, documentation and comments included in the Content and Courses to be as exact and correct as possible, as well as helpful to the Users. However, said information and comments must be considered as merely indicative by the Users.
Consequently, SPLIT ROCK offers no guarantees with regard to and may not be held responsible for the existence of any errors in said Content and/or Courses, the use given to the Content by the User or the lack of usefulness thereof.
Furthermore, without limitation, SPLIT ROCK may not be held responsible for any of the following:
- The lack of availability, maintenance and effective functioning of the Website and/or its services, Courses or Content.
- The presence of viruses or malicious or harmful programmes on the Website.
- Any incidents or damages of any description which may derive from the lack of due diligence by the User or from the inadequate use of the Website, the Courses or the Content, including any infringements of the intellectual and/or industrial property rights of SPLIT ROCK or third parties.
- Instances of force majeure, this term being understood as the failure, suspension or interruption of the services or the use of the Website as a consequence of energy restrictions, the failure of communications or the Internet, third party actions or omissions or any other causes or circumstances beyond the control of SPLIT ROCK which may prevent a normal use of the Website.
9.- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users may upload their comments and opinions to the Website, provided always that said comments and opinions are free from expressions which may be deemed to be inappropriate or unsuitable for all audiences.
In particular, it is forbidden to upload comments or opinions which may be deemed unlawful, obscene, abusive, threatening, slanderous or which may impinge upon the privacy of third parties, infringe third-party intellectual property rights or be otherwise considered reprehensible or slanderous for third parties, as well as materials containing computer viruses, political propaganda, advertising content, chain emails, mass mailing or any other type of spam.
The content supplied to SPLIT ROCK by the User may not include private data of minors under 14 years of age; we therefore recommend that you publish this kind of information with caution, avoiding the use of names, surnames or other details which may enable the identification of minors under the age of 14.
The User recognizes that he/she has been informed that SPLIT ROCK may withdraw from its Website any content published by the User which, at the sole discretion of SPLIT ROCK, may infringe the rights of SPLIT ROCK or any third parties or these Terms and Conditions, all without prejudice to any legal actions which may be filed against the User by reason of said infringements
SPLIT ROCK reserves the right to make any amendments as it may deem appropriate to the present Terms and Conditions. Said amendments shall be in force as of publication thereof on the Website but shall be previously communicated to the Users.
11.- SAFEGUARD CLAUSE
12.- APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are subject to Spanish law. The parties, expressly waiving any other jurisdiction, agree to submit any controversy which may arise in connection herewith to the Courts and Tribunals of the place of residence of the User, if the User is an individual, or the Courts and Tribunals of Madrid, if the User is a legal entity