GENERAL TERMS AND CONDITIONS FOR STUDENTS USING THE PLATFORM
IDENTIFICATION DATA OF THE SERVICE PROVIDER
ENGLISH WORLDWIDE, S.L. (ABA ENGLISH)
CIF (Tax Identification) no. B-64401482,
Carrer Aribau 240, 7º
Entered in the Mercantile Register of Barcelona, volume 39235, sheet 216, Gnal. Sec., Page/Dup B-342505, Entry 1
1. ACCESS TO AND USE OF THE SERVICES PROVIDED BY ABA English
1.1. Access to the Platform
These general terms and conditions (hereinafter, the “General Terms and Conditions”) regulate the service of online English courses offered by ABA English (hereinafter, the “Service” or “ABA English”) on its technological platform accessible through its mobile application and website (hereinafter, the “Platform”).
By accessing the Platform, Students who register (hereinafter, the “Students”) will have access to any of the online English courses available at any time, based on the Natural Method of ABA English which simulates the process by which the brain learns a language naturally: first you listen and understand, then you start to speak, imitating native speakers, and finally you learn to write with the help of grammar rules.
In order for Students to benefit from an optimum service, the ABA English Service is based on the simplicity and immediacy provided by mobile geolocation. Therefore, Students must ensure that they have activated the geolocation setting on their smartphone or mobile device and that their location is identified correctly in the application.
1.3. Over 18 years of age
The Student declares himself/herself to be over 18 years of age and have sufficient legal capacity to be bound by these General Terms and Conditions, and by the Particular Conditions where relevant. The Student also commits to making diligent use of the Service, as well as the information contained therein, fully complying with the regulations applicable in each case.
1.4. Acceptance of the General Terms and Conditions and, where relevant, the Particular Conditions
Access to the Service involves in all cases the acceptance by the Student of these General Terms and Conditions, and for this reason we ask you to please read them carefully before using the Service. If you do not accept these General Terms and Conditions, please refrain from using the Platform and its content.
Some of the services offered may be subject to particular conditions that may be established at any time by ABA English. These conditions may complement, modify or replace the General Terms and Conditions, where relevant. Hereinafter, any of the aforementiond conditions, or any other specific conditions relating to other services offered by ABA English at any time, will be referred to as the “Particular Conditions”.
Likewise, ABA English informs Students that these General Terms and Conditions, as well as the Particular Conditions, where relevant, may be adjusted or modified. Therefore, the Student must read and accept any new versions of the General Terms and Conditions, and the Particular Conditions, where relevant. For greater convenience, Students are able to access these legal conditions easily via the section “My Account”.
1.5. Information prior to contracting the service
Before activating the subscription for online courses, ABA English provides you, through its website, with access to the applicable general and particular contracting terms and conditions in relation to each course in each case, so that they may be consulted, filed and/or printed.
ABA English also informs you of the following, prior to signing up for online courses:
Full price, with reference to the applicable taxes included, as well as the currency, postage and carriage charges and where applicable, any increases or discounts and additional costs for accessory services, financing, use of different payment methods or other similar payment conditions.
b) Term of validity of the offer, in the case of a promotional offer.
c) Terms, conditions and payment methods, including, where relevant, credit options, as well as the existence and conditions, where relevant, of deposits or other financial guarantees that the consumer must pay or provide.
d) The various modes for taking the online courses contracted, and their particular features, where relevant, and possible restrictions in relation to said courses, where applicable.
e) Duration of the contract, or if it is of an indeterminate duration or extended automatically, the conditions for its termination. Basic characteristics that permit the identification of the goods or services and, where relevant, the necessary conditions for their use in the manner suitable to the support used and the goods and services.
f) Existence or absence of the right to withdraw, indication of the conditions and costs for exercising said right, model of withdrawal form, as well as the form for cancelling or changing the contracted online course.
g) Guarantees applicable to the acquisition of the product or service, including a reminder regarding the legal guarantee of conformity for the goods and the conditions of the after-sales services.
h) Place and manner of submitting possible complaints and where applicable, the offeror’s system for processing complaints, including access to the extrajudicial dispute resolution system and to the codes of conduct to which the offeror is adhered.
i) Name, business name, telephone, fax, contact email address and registered address of ABA English.
j) Language or languages in which the contract may be executed, when not the language used in the information prior to entering into the contract.
k) Where relevant, the functionality of the content supplied in digital format, including the applicable technical protective measures.
l) Where relevant, all interoperability relating to the digital content with devices and programs known by the offeror or of which it may reasonably be expected that this may have knowledge.
1.6. Registration and identification of the Student in ABA English (digital signature)
ABA English does not require prior subscription or registration to simply browse the site, or to access or use some of the services via the Platform. However, in order to make active use of the Service, Students are required to register and create a profile by downloading the ABA English Mobile Application through the App Store or Google Play platforms (or from any other platform, whether mobile, web-based or of any other type available at any time) via the “Register” section.
Specifically, the Student must enter an active email address and a personal password to be able to operate as a Student in ABA English for all purposes. These forms of identification and their use through the ABA English Application that the Student must download will be regarded, for all purposes, as the digital signature of the Student in their relations with ABA English (hereinafter, “Digital Signature”).
The Digital Signature of each Student will be personal and non-transferable, and the Student is obliged to inform ABA English of any changes in their personal details. It is the Student’s responsibility to exercise due diligence to prevent access and/or use by third parties who access the service or use the Digital Signature in their name. Likewise, the Student will be solely responsible for the choice, loss, theft or unauthorised use of any identification code or key and the consequences that may arise therefrom.
In all cases, the Student will be responsible for the proper use of the Service and for the safeguarding of the ABA English Application and their Digital Signature, and the Student must refrain from using it for illicit purposes or effects contrary to the provisions of these General Terms and Conditions or any of the Particular Conditions.
1.7. Social Media and third-party platforms
Social Media or third-party platforms are not partners or representatives of ABA English and ABA English will not be responsible for actions or omissions of these platforms in relation to their respective account.
2. SERVICES OFFERED BY ABA English
The services currently offered to Students by ABA English through the Platform are indicated below.
In all cases, ABA English reserves the right to offer Students new services or modify existing services, at any time.
2.1. My Account
Additionally, in the section “Your Account”, the Student will have access to i) their personal data, (ii) their progress as a Student, (iii) their Certificates, (iv) their Subscription type, and (v) the Premium Free Trial.
Through this service, the Student will be able to access their English course, record a voice-over for the opening film using Listen-Record-Compare technology, experience the language, and access the video classes, the interactive grammar, their assigned teacher and the various tools available on the Platform (ABAmoments, ABA Films,…).
Through this service, the Student will have access to our Help Centre and if they can’t find an answer to their questions, they can contact us via the “Contact” section and we will get back to them as soon as possible.
2.4. Other Services
ABA English reserves the right to introduce new services or modify existing services, either through these General Terms and Conditions or the Particular Conditions.
2.5. Economic conditions of the Services
In relation to services that are subject to a fee, the Student is obliged to pay ABA English the price for its services in full compliance with the payment terms and other conditions established in the Particular Conditions of the services.
4. RESPONSIBILITY OF ABA English REGARDING THE INFORMATION CONTAINED ON THE PLATFORM
4.1. Operation of the Platform
ABA English makes its best efforts to keep the Platform in good working order, avoiding errors or, where applicable, rectifying them, and keeping the content of the Platform properly updated. However, ABA English does not guarantee the availability of and continued access to the Platform, or the absence of errors in the content thereof, or the timely updating of said content. The Student accepts the above and undertakes to apply the utmost diligence and prudence when accessing and browsing the Platform or using the content, information and services available thereon.
4.2. Modifications to the information on the Platform
ABA English reserves the right to modify, delete or update the information contained on the Platform, or the configuration or presentation thereof, at any time without prior notice.
4.3. Content of the Platform
The Student undertakes not to use the content that is available at any time on the Platform in any way that may represent a breach of any regulations, or may be contrary to common morals and decency, or the image and good professional name of ABA English or its partners.
ABA English is not responsible for possible consequences that may arise from the improper use or negligence by Students in relation to said content.
4.4. Use of the information on the Platform
Access to the Platform and the possible use of any information contained thereon are carried out by the Student under his or her sole responsibility. Consequently, ABA English is not responsible for any damage or loss that may arise, directly or indirectly, from accessing the Platform or using the information contained thereon.
Likewise, ABA English declares that the information and content on the Platform are purely informative, and that it therefore does not accept any responsibility deriving from any damages that may arise, directly or indirectly, from the Student’s use of the information thus provided.
Additionally, ABA English accepts no responsibility for any loss or damage to the Student’s software or hardware resulting from access to or use of the Platform.
4.5. Disclaimer of liability for damages by ABA English
In addition to the foregoing, and to the extent permitted by law and unless stipulated otherwise in the rest of the General Terms and Conditions or Particular Conditions, in no case will ABA English be liable for personal damages, or accidental or special damages, either direct or indirect, including but not limited to damages for loss of profits, loss of data, interruption of business or any other commercial damages or losses, relating to the use of the application, or unavailability of the application, regardless of the cause and the theory of liability (contractual, extra-contractual or other) and even if the Student has been warned of the possibility of such damages. In no case shall the liability for total damages (except as required by applicable law in cases of death and personal injury) exceed the amount of five thousand euros (5,000 euros).
5. RESPONSIBILITY OF THE STUDENT
5.2. The Student undertakes to respect the applicable legislation and to use only content for which they have the corresponding rights. The Student expressly releases ABA English from any claims from third parties resulting from the infringement of their rights or any behaviour of the Student that involves a breach of the applicable legislation or of these General Terms and Conditions and, where applicable, the Particular Conditions.
5.3. The Student agrees not to use the Platform for any purpose other than that of accessing the online courses and other services offered by ABA English. To give specific non-limiting examples, they will refrain from carrying out any type of propaganda, proselytism, advertising or denigrating action through the Service.
6. POLICY REGARDING HYPERTEXT LINKS
6.1. ABA English does not accept any responsibility derived from the inclusion of hypertext links to third-party websites, or from the content thereof, nor does the presence of such links imply that ABA English endorses, promotes, guarantees or recommends the linked websites.
6.2. Likewise, third parties intending to include a hypertext link to the ABA English website must necessarily obtain prior express written consent from ABA English. ABA English will not in any case assume any responsibility derived from the inclusion of third-party hypertext links or the content thereof.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. All Platform content (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, graphics, text, audio and video files and software) is the property of ABA English, or of its content providers, having been, in the latter case, licenced or transferred by said providers, and is protected by Spanish or international industrial and intellectual property regulations. The compilation (understood as the collection, design, sorting and assembly) of all the Platform content is the exclusive property of ABA English and is protected by the applicable industrial and intellectual property regulations.
7.2. All software used in the operation and development of the Platform is the property of ABA English or its software providers and is protected by industrial and intellectual property laws.
7.3. The brands, banners, distinguishing marks or logos that appear on the Platform are the property of ABA English or its content providers and are duly registered or are in the process of being registered. The names of other products, services and companies that appear in this document or on the Platform may be brands or other distinguishing marks registered by their respective and legitimate owners.
7.4. All the text, drawings, graphics, videos and audio media are the property of ABA English, or its content providers, and may not be subject to further modification, reproduction, alteration, reproduction, adaptation or translation by the Student or third parties without the express authorisation of the owners of said content.
7.5. The fact that databases, images, photographs, patents, utility and industrial models, drawings, graphics, text, audio and video files and software, owned by ABA English or its content providers and included on the Platform, are made available to Students does not imply, in any case, the transfer of ownership or the granting of a right of use in favour of the Student other than that consistent with the legitimate use thereof in accordance with the nature of the Service.
7.6. Any use of the Platform content made without the authorisation of ABA English is strictly prohibited, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial representation, which, in the event of occurring, will constitute a breach of the intellectual property rights of ABA English and will be penalised under the current legislation.
8. LICENCE OF USE OF THE PLATFORM
8.1. ABA English grants the Student a right of use, or license, rather than a sale, for the use of the Service through the Platform that will be governed by the terms described herein (hereinafter, the “Licence”). ABA English reserves any other rights that it does not expressly grant.
8.2. The Licence to use the Service through the Platform is a non-transferable licence for the use of said Platform on any compatible device owned or controlled by the Student, as permitted by the usage rules established in these General Terms and Conditions. This Licence does not entitle the Student to use the Platform via other devices that are not owned or controlled by the Student, and they may not distribute the Platform or make the Platform available on a network so that multiple mobile devices can use it simultaneously.
8.3. The Student cannot rent, lease, loan, sell, redistribute or sub-licence the Platform. The Student may not copy, decompile, reverse engineer or disassemble the Platform, attempt to derive the source code thereof, or modify or create derivative works from the Platform, or any updates, or any part thereof (except where and only to the extent that any prior restriction is prohibited by the applicable law, or to the extent permitted by the terms of the licence for use of any of the open source components included in the Licence). Any attempt to do so will constitute an infringement of the rights of ABA English. If the Student fails to comply with these restrictions, it could result in the initiation of legal actions and payment for damages. The terms of the Licence shall also govern any update provided by ABA English that replaces and/or complements the Service, unless said update includes a licence of its own, in which case the terms of said licence will apply.
9. ACCESS TO THE PLATFORM FROM MOBILE DEVICES
9.1. All the provisions of these Conditions of Access and Use will be applicable to any access to the Services carried out by the Student through the mobile phone or other mobile device or computer equipment that enables access to the Platform at any time.
9.2. In this regard, the Student is hereby informed that ABA English does not charge for mobile access to the content or services of the Platform, but that the Student’s telephone operator will apply the contracted rate for sending and receiving data.
9.3. ABA English is not responsible for any restrictions applied by the telephone operator that might hinder normal access to the content or services of the Platform.
10. APPLICABLE LEGISLATION AND JURISDICTION
10.1. Access to and use of the Service will be governed and interpreted in accordance with Spanish law.
10.2. If the Student is a consumer and has their habitual residence in the European Union, they will also have the protection offered by any mandatory provision of the legislation of their country of residence.
As an organisation committed to the “Confianza Online” trust scheme, and under the terms of its own Code of Ethics, in the case of any dispute relating to contracting and online advertising, data protection or the protection of minors, Students resident in Spain may access the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es).
The European Commission offers a platform for alternative dispute resolution, which is also available to Students: https://ec.europa.eu/consumers/odr/.
I HAVE READ AND ACCEPTED THE ABOVE GENERAL TERMS AND CONDITIONS OF THE ABA ENGLISH SERVICE IN MY CONDITION AS A STUDENT.