Terms and conditions

1. OWNERSHIP OF SITE AND THE SERVICES OFFERED BY CODELEARN

CODELEARN S.L. (henceforth, “Codelearn”) is the holder of the website codelearn.com, which is a site dedicated to offer services and information about programming and computational thinking learning courses and activities that take place in our centres.

The website codelearn.com (henceforth, the “Site”) provides information to its users about products, centres, activities, services, news and other relevant matters related to the field and the mentioned activities.

Codelearn does not carry out any commercial transactions and the services offered by Codelearn through the Site are free of charge, unless otherwise specified about a particular service.

In this Site, Codelearn has its registered office in c/Sant Fruitós, number 34, 08242, in Manresa (Barcelona), and it is recorded at the Mercantile Registry of Barcelona with TAX ID Code B-66019662.

2. INDUSTRIAL AND INTELLECTUAL PROPERTY

All contents, images, designs, cartoons, logos, brands and any other distinctive feature that appears or could appear in the future in this Site are property of Codelearn. The user will browse the Site in respect for these holders and the use of the services will not grant him any rights related to the Site contents.

Any reproduction, distribution or transformation of this Site contents that has not been expressly authorized by its holder constitutes an infringement of the current legislation concerning industrial and intellectual property.

Codelearn is the sole owner of the exploitation rights of the Site, for which any reproduction of all or part of this Site has to be expressly authorised by Codelearn and has to include the following information: Copyright © CODELEARN SL.

3. PERSONAL DATA PROTECTION

In compliance with the established in the Organic Law 15/1999, of December 13, regarding Personal Data Protection, under its Regulation and the Data Protection General Regulation of the UE, Codelearn informs you that all personal data provided by the user to Codelearn though the Site or any other ways will be included in a file kept by CODELEARN SL.

The responsible of this file processing is CODELEARN SL, which registered office is at c. Sant Fruitós, number 34, postal code 08242, in Manresa (Barcelona). You can contact the Data Protection Officer at the following address: dpd@codelearn.cat. The user may exercise his rights to access, rectify, cancel, reclaim to a control authority, limitation, oppose and transferability under the terms established in the current legislation by sending a written request (e-mail or fax) to dpd@codelearn.cat or the offices located at C/ Sant Fruitós, nb 34, Postal Code 08242 in Manresa (Barcelona).

Codelearn collects personal data about the User in order to provide the services offered on the Site, to elaborate user profiles under with the aim of getting better and customize the services, and with commercial, advertising and educational purposes. Data processing is done under the express consent the user indicates for each purpose when he fills the forms, except in cases where there is already (or the user wants to establish) a contractual relation between both parts.

Codelearn has adopted the required technical measures in order to guarantee data security and avoid its alteration, loss, processing or non-authorised access, according with the established on the Regulation of Security Measures of the Automated Files containing Personal Data, approved through the Royal Decree 1720/2007 from December 21. Data will be kept as long as the purposes for which it has been obtained remain and will be destroyed within two years (or a longer term if there is a legal obligation to keep particular data).

Codelearn is committed to keep in secret personal data provided by the user, so unless it is legally mandatory it will not ease nor give this information to other people without the user’s prior and written consent.

4. LINKS

The Site can contain links to other websites in order to complement the services offered to the user. Codelearn is not the holder of those websites, so it is not responsible for the contents nor the damages that the use of those sites could cause to the user.

If the user of the Site access to the mentioned external sites and the services offered there, Codelearn will remain alien to any kind of relation that could be set between the user and those websites holders or any other third party related to them.

Also, Codelearn will not be responsible for contents on websites that include links to the Site and will remain alien to the relations that could be established between its holders and the users of the Site.

5. USE OF COOKIES

In no case cookies or any other information of the same nature that could be used will serve for storing information that allows to identify the individual user of the site

The user can set its computer so cookies are deleted from its hard drive or set it so he can see an advice before he saves a cookie.

6. GUARANTEES AND RESPONSIBILITIES

Codelearn has made every effort to ensure that the Site information is accurate and updated. However, Codelearn does not guarantee the accuracy or the update of the contents of this Site and it is not responsible about this subject. Codelearn is not responsible for the mistakes or omissions in this Site contents and reserves the right to edit these contents at any time and without prior notice.

On the Site, we do not carry out any commercial transactions, unless otherwise specified, and any of its contents is considered as a contractual offer for the user. The trade relations between Codelearn and its clients are regulated by Codelearn’s General Conditions and / or other general conditions or specific agreements. This Site contents do not prevail over the terms about trade relations between Codelearn and its clients, nor can condition the trade policy that Codelearn decides to adopt at any time.

The Site can contain subjective claims that express opinions of Codelearn or third parties about future events and subjects, so given the uncertainty Codelearn is not responsible for the influence these claims could exert over the user, not for the consequences of these on the user’s actions or omissions.

Codelearn does not take responsibility for the mistakes or operating faults of the Site, whether they are intrinsic or because of the characteristics or limitations of Internet. The user assume any risk related to the use of Internet, including the possibility of computer virus. Codelearn does not guarantee the continued operation of the Site Services and will not be responsible for the liquidated damages that could emerge from the service interruption. Particularly, Codelearn will not be responsible in force majeure circumstances such as fires, strikes and power cuts or any other unforeseeable or unavoidable event.

The fact that the Site describes or presents certain products or services does not imply a compromise from Codelearn about those products and services availability for the user. The exclusion of responsibilities and guarantees described in this section will be applied to Codelearn and also to its administrators, managers, employees and representatives.

7. APPLICABLE LAW AND COMPETENT JURISDICTION

The conditions of use of the Site included in this Legal Notice, as well as the relations between the user and Codelearn, will be ruled and interpreted according to the Spanish law. In order to find a solution for any conflict that could be aroused, the user and Codelearn expressly submit themselves to the competence and jurisdiction of the Courts and Tribunals of Manresa, giving up any other code of laws that he mights correspond.

ONLINE SERVICE CONDITIONS

The following conditions apply to the online modality of Codelearn’s service.

1.1 General Conditions and Enrollment Conditions

The Customer who enrolls at Codelearn using this website knows and accepts the content of the established General Conditions, as well as the specific Enrollment Conditions and, if required, the particular conditions which are applicable to some modalities, and accepts that the non-fulfillment of these conditions, any other internal regulation or general rules that may be applicable or any indication from Codelearn’s staff, could lead to the cancellation of the service or the expulsion as a customer of Codelearn.

1.2 Scope of application

The term “customer” in these conditions will refer both to students and their parents or legal guardians, when they are registered as such. In the event that students are underage, their parents or legal guardians will be responsible for their compliance with these conditions. The geographical scope of these conditions is global and its duration is indefinite, or until they are revoked because of new updated terms and conditions.

2. LEGAL REGULATION APPLICABLE TO THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS.

These General Conditions are subject to the application of the Spanish R.D.L. 1/2007 of 16 November, which approves the revised text of the General Law for the Defense of Customers and Users, Law 7/1998, of April 13, on the general conditions of contract, and the Civil Code. These General Conditions are binding on the parties, together with the particular conditions that may be agreed and those that may be established for each program.

3.-REGISTRATION, FEES AND PAYMENT METHODS.

In order to be able to contract the service, an adult must fill the form, either to contract it for themselves or in favor of one or more students of whom they are a parent or legal guardian. The contracting party may designate a second guardian/parent with access to the follow-up of each student.

Registration for the after-school program is done online. The customer guarantees CODELEARN the truthfulness of data and agrees to report any changes. In particular, it is important to verify the correctness of the email address as CODELEARN will send most communications, such as follow-up reports or important notices, using this address. A communication will be considered delivered if sent by email, so it is important that the customer ensures that the address provided is valid at all times.

The prices will be those indicated by CODELEARN at the time of registration except for typographical errors or similar. The customer will be able to choose the modality, periodicity and payment method from those which are provided by Codelearn at the time of registration. Afterwards, the customer will be able to change them and choose another accepted payment method, whenever technically possible.

In the event that Codelearn offers trial days on the platform, the student or parent / guardian will make the formal registration following the same terms. According to the terms of the promotion, if they do not cancel their registration before the end of the trial period, the amount corresponding to the service and periodicity they selected will be automatically charged using the payment method indicated by the customer.

The student will not be considered registered, nor will they have any corresponding right, until CODELEARN receives the amount of the payment or an accepted proof of payment.

Registrations are personal and non-transferable. Passwords must be confidential and not be disclosed to others, nor allow access to a third party from the Parent or Student account.

4.-PRICE REVIEW

Service fees are subject to possible changes. All prices are shown in the accepted currencies (or euros, if no currency is displayed) and are subject to upward or downward variation, due to the various causes that may influence CODELEARN, such as inflation, rate fluctuations, currency exchange or market behavior.

All prices include VAT, if applicable. Any change in prices will be notified in writing form to the customer, who may then decide to withdraw from the program at the end of the current paid period, or continue and accept the modification of the contract. Any fee changes will be announced at least 20 days in advance.

By default, and excluded from the obligation to announce it in advance, CODELEARN will apply an annual increase of up to 2$/2€ per month.

5.- CANCELLATION, NON-PRESENTATION AND / OR ABANDONMENT OF THE PROGRAM BY THE CUSTOMER.

In the event that a customer decides to cancel the activity, he must do so through the area enabled for this purpose on the platform. The customer will not be entitled to a refund of the amounts he has already paid to CODELEARN. In addition, the customer must pay CODELEARN the amount corresponding to the damage caused, if any, in terms of management costs and also cancellation, if there is a return of previous receipts. The cancellation will be effective at the end of the paid period and until then the customer will have access to the platform.

In the event of abandonment of the program (absence) for some time without notifying its cancellation, it will not entitle the customer to a refund of the amounts accrued during that time. After 3 months of absence, CODELEARN may unilaterally unsubscribe him from the program.

Any charge return will involve the payment of that receipt to Codelearn with a surcharge of 3% of the amount of the receipt for management costs.

Failure to pay an invoice will mean that the customer will not be able to access the platform and will have to pay the invoice with any applicable surcharge.

Specific conditions for credit card payments

In the event that, for any reason, the customer urges his bank to refund the amount paid by credit card, this will result in the immediate cancellation of the subscription, and in order to re-register the customer will have to pay, apart from all possible pending receipts, an amount of 30€ for management costs and damages. In addition, it will be necessary to wait for the resolution of the banking dispute, which can last for 3 months, before being able to start the subscription again.

In the event of cancellation, if the customer has any amount pending to pay and wants to re-register, he must first pay those pending amounts. Exceptionally, if there has been no use of the services during the months corresponding to these charges, they will be deducted 50% of the monthly fee for each outstanding invoice. This exception will only be applied the first time it occurs, so 100% of the invoices will be paid if it happens again.

CONDITIONS APPLICABLE TO THE WITHDRAWAL

5.1 Voluntary withdrawal

Withdrawal extricates the customer from CODELEARN from the end date the subscription was paid. If the customer subsequently wants to re-register to CODELEARN, they must adapt to the current registration conditions, including the payment of the corresponding registration fee and the current monthly fee without maintaining any previous advantage in case of customers with e.g. “old” or promoted fees.

5.2 Expulsion and withdrawal

Those who, whether in a negligent or intentional manner, fail to comply with the obligations set forth in these Conditions or in any other applicable internal or general regulations, do not comply with the instructions provided from CODELEARN staff members or are within the grounds for expulsion, they may be expelled temporarily or permanently by Codelearn’s decision. The expulsion entails the suspension of the right of access and the loss of the condition of Customer, and will prevent that they are re-registered during a fixed term or definitively, based on the severity of the committed offenses, which are classified in minor, severe or very severe offenses. When someone acts in bad faith or using deception, verbal offenses or physical aggression, defamation, actions contrary to the current customs of the society, moral or material damages of great relevance for CODELEARN are done, or, in particular, when people is hurt or someone’s privacy is violated, being those other customers, or CODELEARN staff members, or there is any unapproved type of trade or business of products or services with others, as well as any action or omission classified as a crime or misdemeanor in the customer or CODELEARN’s legislations, all this will be considered very serious offenses and will lead to definitive expulsion. The imposition of the sanction of expulsion does not exempt the perpetrator from the obligation to compensate for the caused damages.

5.3 Other causes of withdrawal.

In the event that, due to the cessation of the activity, or for any other reason determined by CODELEARN, the latter decides that the customer must unsubscribe, the amount previously paid but not enjoyed from quarterly or annual fees will be refunded (if applicable).

6.-ALTERATIONS AND INCIDENTS OF THE PROGRAM.

CODELEARN aims to provide customers with all the contracted services, with the stipulated conditions and characteristics. However, the following considerations must be taken into account:

a. In the event that, before the beginning of the activity, CODELEARN is obliged to modify significantly some essential elements of the contract, including prices, the customer must be immediately informed. The customer may choose to terminate the contract or to accept the changes. In the latter case, CODELEARN will specify the introduced modifications and its impact on the price of the program.

b. The customer must communicate the decision he takes as soon as possible, and in any case, within three days of being notified of the change. In the event that the customer does not notify CODELEARN of his decision within three days, it will be understood that he opts to accept the change.

c. In the modality with videoconferences, with the exception of dates provided below, CODELEARN commits to a weekly class of at least 55 minutes. The specific schedule of this class, the possibility of extending this time or the recovery of classes that can not be taught due to holidays or work days are subject to the availability of both parties, and in any case it is a policy that CODELEARN applies voluntarily and non-binding to the best of its ability. Unless expressly agreed in writing, in the modality with videoconferences there will be, by default, no classes from December 22 to January 7 included, during the week of Easter (including the following Monday), as well as holidays that are declared as such officially in Spain and in the Autonomous Community of Catalonia. These holiday periods are already included in the videoconferencing rate, so they will not entitle to a fee reduction.

d. CODELEARN makes its technological platform available to customers 365 days a year, 24 hours a day. The platform includes help and customer support mechanisms. However, the non-availability of this platform or online support for technical, labor or other reasons that may cause it, does not constitute a breach of the CODELEARN service agreed in these general conditions.

7- SCHEDULES

The platform is open 24 hours a day, so that students can choose the time that suits them best to do the exercises. In the modality with videoconferences, available schedules will be proposed in order to be able to choose one that suits both the teacher and the student. In case of not finding any compatible schedule, the student will be able to choose between changing to the online modality without videoconferences or to unsubscribe.

As for help through the platform, or contacts via email, they are usually answered within a 24-hour period on weekdays (excluding weekends). However, in case of accumulation of many queries or other extraordinary circumstances, it can take up to 72 hours. These are reference times and do not constitute a contractual agreement or a reason for compensation or discount in the event that they could not be complied with.

8.- Access and transfer of customers to other Codelearn centers

The customer of an online modality can only use the services of the teachers specifically destined to the online modality. Therefore, online students will not be able to go to on-site classes in any Codelearn center, nor use other mechanisms, such as email addresses, that have not been assigned to him. If they want to perform a permanent change to a Codelearn center, for reasons of convenience or move, they can do so by contacting the destination center 15 days in advance, and they will be informed of the fees at the destination center. If the customer’s payments are up to date and they have been a Codelearn student for more than 12 months, they will not pay an enrollment fee in the event of a transfer, and Codelearn will try to maintain the particular conditions that the customer may have, adapted to the rates the destination center is offering.

9.- Use for original purposes

The customer undertakes to use the services that CODELEARN provides him for the original purposes, that is, educational and personal purposes. In particular, they are obliged to not perform or suggest activities that are forbidden by law or that infringe the rights of third parties. They will also refrain from interfering with CODELEARN’s services, as well as impersonating another user or person.

10.- Suspension of the right of access

CODELEARN may suspend, provisionally or permanently, the right of access to the Codelearn platform, in cases of non-compliance with these Conditions, as well as the specific Enrollment Conditions, or in any other internal or general regulations that may be applicable, or the indications made by CODELEARN’s Staff.

11. Rights about services

The customer acknowledges that the elements integrated within the services include proprietary content or content licensed to Codelearn, which is protected by intellectual and / or industrial property legislation.

The customer acknowledges that the reproduction, modification, transformation, public communication or distribution, whether or not for commercial or for-profit reasons, constitutes an infringement of Codelearn’s property rights, which forces the customer not to perform any of these actions. This includes decompilation, reverse engineering or any means to obtain the source code of the services.
Codelearn reserves all intellectual or industrial property rights over the platform, content and services. As long as someone is a customer and their payments for the service are up to date, the customer receives a non-exclusive, non-transferable license only to receive the services contacted, and to the extent necessary for this purpose.

The platform can allow customers to upload multimedia content. All content uploaded by third parties is the sole responsibility of the person who originated it, and not Codelearn, that may modify or delete any content which in its opinion, or as required by court, does not comply with these conditions or may be offensive, illegal or infringe the rights of third parties.

When a customer uploads content to the platform, they are granting Codelearn a free, worldwide, non-exclusive, no-end license to reproduce, modify, use, transform, publish, distribute, sublicense or remove such content through of the platform, mobile applications, the corporate website, Codelearn communication channels such as social networks, and by any other means.

12.-PERSONAL DATA PROTECTION.

In compliance with the established in the Organic Law 3/2018, of December 5, regarding Personal Data Protection, CODELEARN informs the customer that personal data included in these general conditions will be included in a file kept by CODELEARN for its commercial and operational purposes. Acceptance of these general conditions implies the customer’s consent to carry out this treatment for its use for these purposes. We also inform him of the possibility of exercising the rights of access, rectification and cancellation in the terms established by current legislation, by communicating to the address: C/ Sant Fruitós 34, 08242 Manresa, indicating as recipient the person in charge of LOPD, or to the e-mail address: dpd@codelearn.com

13.- EFFECT.

These conditions will become effective from the moment of formalizing the registration and for as long as the customer maintains the status of student, unless updated conditions are published and the customer accepts them explicitly or tacitly.

The functionalities offered by the platform are provided “as is”, and may be modified or deleted, in whole or in part, at any time.
Unless otherwise stated, any modification of the services or any new service offered by CODELEARN will be subject to these conditions.

14.- Responsibility of Codelearn

Without prejudice to the limitations of liability established in the other conditions, Codelearn does not guarantee the correctness, quality, accuracy or reliability of all data, programs, information or any content or service available to the platform or provided by Codelearn. Codelearn will not be liable for any damage or injury of any nature arising to the customer, whether by action or omission, for the use of the service.

The customer agrees to indemnify Codelearn and its associated companies, suppliers, as well as staff of any type, shareholders or representatives of all these companies or persons, and to compensate them if necessary, for any loss, liability, lawsuit or harm, including reasonable legal costs related to the use, modification, misinterpretation or misuse by the customer of the website, services or content, including these conditions without restraint.

The customer agrees that Codelearn may deactivate his account, change his password or monitor his services if Codelearn believes that he has violated or acted inconsistently with the letter or spirit of these terms.

The customer expressly agrees that the use of the services is at his own risk, and that Codelearn makes no warranty that the services will meet his expectations and requirements; that they will be uninterrupted, error-free, safe or up-to-date, or that the results that can be obtained will be accurate, correct or reliable.

15.- CONFLICT RESOLUTION.

Any dispute relating to the programs shall be solved by the competent courts of Spain in accordance with applicable law.