The Legal Terms of the Web apply to transactions carried out on the Web from its date of publication, in relation to products (“Product/s” and/or “Course/s”) and/or services (“Service /s"), acquired at the time these conditions were available, remaining in force afterwards in all that is provided therein on a permanent basis. Understanding as Products and/or Courses any training course that you do with us and as Services any of the procedures that we offer through Escola Port.
Enrollment in Escola Port Courses attributes the condition of Student (“Student” or “Students”) to the user and the use of the Website attributes the condition of User to the user (the “User” or “Users” ). The acceptance of these Terms and Conditions by the User and the Student will be an essential requirement in order to formalize any contractual relationship between the user and Escola Port.
1. IDENTIFICATION AND CONTACT
The Web (escolaport.com, aula.escolaport.com, aulanautica.org, tienda.escolaport.com and blog.escolaportbarcelona.com) are the property of EXPOMARINE & BOATS, SL with CIF B64202583, and email account firstname.lastname@example.org and FORMACIÓN PROFESIONAL DEL MAR S.L. with CIF B66932146, and email account email@example.com (both companies, hereinafter, "Escola Port" or "we"). The domicile of both companies is indicated in the footers from the website.
Escola Port is a registered trademark ("Trademark") which, together with the logos that appear on the Website, is the intellectual property of EXPOMARINE & BOATS, SL, therefore it is prohibited to use the Trademark without the prior written permission of Port School.
2. PURPOSE AND SCOPE OF APPLICATION
As a User, you declare to know, at the time of making the purchase ("Purchase"), the particular conditions of sale indicated in the file of each of the Products and/or Services published on the Web and you expressly declare to accept them without any reservation.
The completion of the Purchase and its confirmation turns you into a client and implies the full and complete acceptance of these Terms and Conditions, as well as the acceptance of the rest of the Legal Terms of the Web and any others expressly indicated by Escola Port.
3. PURCHASE CONDITIONS
By using the Website and making Purchases, as a User you agree to:
- Use the Web only to make legally valid inquiries, Purchases or orders.
- Do not make false or fraudulent Purchases. If it is reasonably considered that a User has made an order of this nature, Escola Port will be authorized to cancel it and inform the relevant authorities.
- Provide truthfully and accurately the necessary data to be able to process your Purchase.
When making a Purchase through the Web, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. Users under 18 years of age cannot make Purchases and/or register for Courses, unless they have authorization and/or do so through their parents and/or guardians' account. Authorization will be required from both holders of parental authority, where appropriate, for the minor to enroll and take the training courses.
4. AVAILABILITY OF OUR PRODUCTS
The availability of the Products and/or Services offered will be subject to what is established on the Website at the time of Purchase. You can find detailed information in the description of each Product and/or Service on the Web.
Keep in mind that, in some cases, the availability of our Products and/or Services may depend on many factors, such as the number of students enrolling, the places offered, the unavailability of a specific boat or any other circumstance that We will indicate on our website at the time of contracting.
It is possible to request more information about our Products and/or Services through the forms available on the Web or by sending an email to firstname.lastname@example.org.
5. HOW TO MAKE A PURCHASE
You can Buy our Products and/or Services both online through our website, and in person, following the procedure that will be indicated in each case.
To make an online Purchase, you have to follow the Purchase procedure that we will indicate through our Website, filling in all the fields that appear as mandatory in the different forms of our Products and/or Services and selecting what you wish to purchase, leaving thus entered the order in the shopping cart.
Likewise, you can Buy our Products and/or Services in person at the address that appears at any time on the Website, where we will inform you in greater detail of the applicable conditions.
6. WHAT DO WE OFFER?
A. Recreational nautical courses
Each of the Courses may have theoretical and practical modules (“Practices”), depending on the Course. The theoretical module can be offered both face-to-face and online through our platform (“Platform”), provided that this option exists in the chosen Course at the time of Purchase.
Depending on the selection, from Escola Port we will send you the content and didactic material (“Material”) within a period of about 7 business days from the processing of your order. Keep in mind that, depending on the geographical location of your home, the delivery time and shipping costs may vary.
The specific modality, dates and price of each Course (“Price”) is published on our website, which you can consult at the time of Purchase.
Attendance to the Boat Navigation Practices and the Practices with simulators in the radio room, as well as any other Practices indicated as such at the time of purchase of the Course is mandatory, assuming they are not attended, as well as failure to comply with the rules established by Escola Port and lack of active participation, the qualification of failure in the Course and for these reasons the amounts paid for it are not refundable. Internships can be booked through the Web calendar, by email at: email@example.com or in person, and can be done before or after the completion of the theoretical module, depending on availability.
The conditions to change the reserved date to carry out the Internships will be governed by the provisions of the corresponding section of these Terms and Conditions.
If you start with the Practices, after completing them you have two years to complete the theoretical module. If you start with the theoretical module, once you have passed the corresponding exam you have two (2) years to do the Practices. In any case, after this period of two (2) years, the expiration of the approved (APTO) occurs.
As a User, you must bear in mind that some of the Courses may be subject to additional prior legal requirements, such as mandatory prior training, so you must carefully read the information that we offer on our Websites when making the Purchase.
B. Professional Courses (STCW)
The approved professional training courses are offered through FORMACIÓN PROFESIONAL DEL MAR S.L.
The Professional Training Courses consist of theoretical and/or practical modules, depending on the Course. When you make the Purchase you must read carefully what is established in the description of each Course to know the details of it and its theoretical and practical contents.
In the Professional Courses not approved by the Social Institute of the Navy (“ISM”) or the General Directorate of the Merchant Marine (“DGMM”), the theoretical module can be completed both face-to-face and online through our Platform, when the option to do it online is expressly indicated in the chosen Course at the time of Purchase.
Depending on what is selected, from Escola Port we will send you the Material through the channels enabled to contact you during the Course.
The specific modality, dates and price of each Course is published on our website, which you can consult at the time of purchase.
Keep in mind that both the theoretical and practical modules will have specific dates, so you must make sure you have availability on those dates, since attendance at both modules is mandatory and failure to do so may mean failing the Course, not being In no case are the amounts paid refundable. Keep in mind that, if you miss a class of the theoretical module, even if you justify it due to force majeure, it will be the competent Administration for the homologation of the Courses that decides and evaluates the failure or approval of the Course for said / s lack/s
The conditions to change the reserved date to carry out the Internships will be governed by the provisions of the corresponding section of these Terms and Conditions.
As a Student, you must take into account that some of our Courses may be subject to additional legal requirements, for which Escola Port is not responsible, it being the sole responsibility of the Student to be able to comply with them before or during the course, to in order to obtain the corresponding certificate.
Escola Port has no connection with medical examination centers, it being the responsibility of each student to assess the legally established requirements and their aptitude to take the course for these purposes. Escola Port will not be responsible and no refund will be made for any Professional Course in the event that, as a consequence of the negative result of the medical examination, the Student is not eligible for certification.
Likewise, once the medical certificate has been delivered to the corresponding Administrations for the homologation of the Courses, Escola Port will not keep them, it being the responsibility of each Student to keep said certificates in case they are needed at any other time.
Therefore, remember to carefully read the information that we offer on our website when making the Purchase and in case you have any doubts, consult all the requirements, since there may be additional requirements for the certification of the Professional Courses, depending on the selected Course.
C. Book your Course
If you are interested in a Course, you can also reserve places for specific dates and in the modality you prefer depending on availability. You can book through our website or contact us through our enabled channels and we will inform you of all the details so that you can make the reservation.
D. Gifts and discounts.
By purchasing any Course that we offer, you will become part of the Navigation Club and depending on availability, we can offer you gifts and discounts on future Courses. The gifts and discounts will be those indicated on the Web at the time of Purchase of the Course and/or in any of the promotions that we can send you later through your email, from the Navigation Club and/or at the Escola offices. Port, and will have the duration or validity indicated therein.
E. Events and activities (information and reservations)
On our website you can find information about school activities (“School Activities”) and team buildings (“Team Buildings”) that we offer. In the event that you are interested, you can consult us through the enabled form or our email firstname.lastname@example.org and we will inform you about the conditions and the budget without obligation of Purchase.
You should keep in mind that all activities and events are subject to availability at the time and there may be additional requirements for some of them.
F. Navigation Club
a) Navigation plans and reservations
At Escola Port we offer you the option of joining our sailing club (“Navigation Club”) so that you can navigate without monthly fees or commitment to permanence. Being a member of the Navigation Club provides you with the advantages that you can find on our website according to the modalities and packs you choose.
To book your sailing trips you must contact us through the form provided for this purpose on our website or through the rest of our enabled channels. To be able to book the departures to navigate, you must first have Purchased a departure pack.
b) Boat rental
At Escola Port we offer you the opportunity to rent different types of boats in the Port Olímpic of Barcelona. To do this, you must make the reservation through our channel enabled on the Web. Regarding the requirements for the rental:
- If you have the necessary qualifications to navigate according to the boat you wish to rent, in order to rent, it will be necessary to previously complete the Escola Port Navigation Improvement Course, as a means of accrediting your experience and technical capacity. The conditions and characteristics of the Course are indicated on the Web. Remember that, depending on the size of the boat (length), the qualification that you must have and the experience to prove will be one or the other, so you must make sure that you meet all the requirements to rent each type of boat before making the reservation. .
- If you do not have the necessary qualification to navigate according to the boat you wish to rent, it will be an essential requirement that the boat rental is carried out including a skipper for the boat. This patron must be in any case and exclusively a member of Escola Port, not allowing external patrons or outside Escola Port. The cost of the skipper is independent of the cost of the boat, according to the prices indicated on the Web at the time of rental.
Once we receive your rental reservation request, we will contact you within a maximum of 24 hours to specify its conditions and give you all the necessary information.
You can withdraw from the reservation within 14 days of making it, in which case we will refund the amount paid.
Changes to the rental dates will be free of charge, although in the event that the change is requested in the last 48 hours before the date on which the rental would take place, the cost of the skipper(s) will not be refundable and /o will be charged in any case.
In the event that it is not possible to change the rental date, the cancellation of the reservation will entail a penalty of 30% of the amount, unless it is requested within the last 48 hours prior to the time of rental, in which case the penalty will be 50%.
If the Barcelona Maritime Authority considers that the weather conditions are not good and does not allow navigation, and it is not possible to change the rental date, it will not be possible to navigate and no penalty will be charged due to cancellation. In any other case, if navigation is allowed, the cancellation conditions and/or date changes will be those indicated in the previous section.
From Escola Port, we can offer you the management of different procedures. You can consult all of them on our website or in our channels enabled for it, where we will give you detailed information on each one of them. Some examples may be the payment of fees to register for an exam, the renewal of a degree or the obtaining of a nautical medical certificate.
Remember that to carry out any of these procedures you may need to meet additional requirements, so you should inform yourself and read all the information available before making the payment.
H. Didactic platforms
At Escola Port we offer you different payment and/or free platforms where you can expand your knowledge of navigation, maritime regulations and related information that may be of interest to you.
You will be able to access the free Platform through the registration process available on our website. Once you have registered, you will receive a confirmation email where we will welcome you to our community and provide you with details about your username and password.
When Purchasing a Course, you will be able to access the Payment Platform through the confirmation information that we will send you by email. Once you have registered and access your Course, you must take into account that you will be able to access this Platform for a maximum of two years. Said access will be renewed every six months until you pass the Course or until the maximum period of access to it of two years has passed. Since you start the Course, you will have access to its Material in a personal and non-transferable way. The recorded Material (classes, tutorials...) that you will have available on the Platform is systematically deleted and updated after 30 days of being published, so even if you have access for a longer period, the contents will be updated so that you can always enjoy updated and quality training. Once you have passed the exam, you will access the version alumni of the Platform, through which we will provide you with unique and specialized content and you can use the Platform as a contact channel with Escola Port and as a source of information on the activities we carry out.
In addition, if you are a member of the Navigation Club, you will have, through the Platform, access to the record of your departures, the departure calendar from where you can reserve your place, the weather forecast and new improvement courses that you can take if they are from your interest.
We have enabled a forum (“Forum”) where you can interact with other Users through the different debates that are open at that time on the Platforms. Remember that in order to access this content you must have registered on our Platforms as indicated at the time you wish to participate in the debate through the Forum.
We have a blog (“Blog”), which is an integral part of the Website and in which we will occasionally upload content so that you can have access to information about Escola Port, navigation and information that may be useful to you.
K. Card and Gift Voucher
You can give a gift card (“Gift Card”) to the person of your choice. To do this, you must recharge said Gift Card through our website. It is important to bear in mind that, in order to be able to give the Gift Card, you must recharge it with at least the minimum amount indicated on the Website.
In the event that you are a group of friends or family and you wish to make a gift to one person, each of you will only have to place an order and mention the name of the person to whom the Gift Card will be addressed and from Escola Port will send you a single Gift Card with the sum of all your contributions.
The Gift Card does not expire, that is, it can be used as many times as you want until the balance is exhausted.
In the event that you want to give away a specific Product and/or Service, we give you the option of giving yourself a Gift Voucher (“Gift Voucher”) so that the person you choose can exchange it for the chosen Product and/or Service.
Once that person receives the Gift Voucher, they must contact us so that they can decide when to redeem it.
The person who receives the Gift Card or Voucher may only redeem it for the Products and/or Services for which they meet all the requirements and details for each of the Products and/or Services, as detailed on our website. .
7. PRICE AND PAYMENT METHOD
The Prices of the Products and/or Services are those that appear on the Web at the time you place the order (includes the applicable taxes in each case) or those that appear in the pamphlets and/or advertising dossiers for the established validity period. in the same
The Prices can change at any time, but the possible changes will not affect the orders with respect to which a Purchase confirmation has already been sent, except when the payment of the Course Price is made by deferred payment, since, if in the period of three months the full payment of the Course has not been made, the update of the Course Price could be applied to the amount pending payment.
If two years have elapsed since the payment of the signal, the full payment of the Course Fee has not been made, the money paid as a signal (“Signal”) will be lost.
For both professional and recreational Courses, if within two years from the reservation of the Course or from the payment of the Signal, the Course is not carried out, the money paid up to that moment will be lost, and to complete the Course a new registration will be required.
In the event that within two (2) years from when you made the Purchase of the Course you wish to take a Course other than the one reserved within the same category of Courses (that is, category of Professional Courses or category of Recreational Courses) and If you had already paid the payment of the Signal or the Price of the Course, you can request to change the Course to another of the same category and use the money already paid to Buy the new Course. When Purchasing the new Course, you must pay the difference in Price between what you paid for the first Course and the Price of the Course to which you wish to change established on the Web at the time we grant you the change of the Course. Please note that if you Purchased a Course at a discount, the discount will not apply to the Course you wish to switch to.
Escola Port is not responsible for reminding the Students of the course of the established deadlines for the realization, Purchase, reservation, etc. of the Courses, each Student being responsible for it.
The payment made for the Course does not include exam fees, issuance or other formalities, procedures or requirements outside Escola Port related to the degree and/or certificates. These must be paid by the Student in the corresponding terms, either before the corresponding competent Authority or by contracting Escola Port's paperwork management services, which may have additional costs.
Remember that before taking any Course, whether recreational or professional, the Price must be paid. Therefore, a few days before the Course begins, you will receive an email with its details and, where appropriate, the part of the Price pending payment.
b) Payment method
In order to make a Purchase and its corresponding payment at tienda.escolaport.com you must be registered as a customer through the registration / access form, this step is mandatory and necessary in order to offer you the best possible service.
Once you have registered and selected the Products and/or Services you wish to Purchase, these will be added to your cart, and the next step will be to process the Purchase and make the payment. To do this, you must follow the steps of the Purchase process, filling in or checking the information requested at each step. Likewise, during the Purchase process, before making the payment, you can modify the details of your order. All charges made will be detailed prior to confirmation of Purchase, including the breakdown of Prices and applicable taxes.
You can use as means of payment the means indicated on the Web. Escola Port reserves the right to suspend the processing of the order in case of rejection of the payment authorization by the bank or the payment entity in each case.
Other means of payment other than those specified directly on the Web will not be accepted. All transfers and payments made through the Web are made through secure ports to guarantee data protection. All the data travels encrypted through the secure payment platforms of the gateways, and is not stored.
8. TECHNICAL MEANS TO CORRECT ERRORS
The Web has confirmation windows in each of the sections of the Purchase process. Likewise, the Web offers the details of all the items that you have added to your shopping cart, so that, before making the payment, you can check and, where appropriate, modify the data of your order.
If you detect errors in the order after completing the Purchase process, you must immediately contact Escola Port at the email address email@example.com, to correct the error before the order processing begins. Escola Port is not responsible for errors during the processing of orders.
Escola Port is not responsible for possible deficiencies caused by not having the technical requirements on your device that allow the proper functioning of our Website and the normal execution of the Purchase process and/or viewing of the Courses.
9. WITHDRAWAL, REFUNDS AND RIGHTS POLICY.
A. Right of Withdrawal
In general, as a consumer and user for the purposes of the applicable regulations, you have the right to withdraw from Purchases within a period of 14 calendar days without the need for justification. The withdrawal period will end 14 days from the day the contract is signed. After that period, we will not return the Signal or the Price paid for the ("Product/s" or "Course/s") and/or services ("Service/s"), nor the amount of the reservations of boat rentals, except as indicated in clauses 6 f) and 7 above. Likewise, if you are late in paying for the ("Product/s" or "Course/s") and/or services ("Service/s") or the Price of the ("Product/s" or " Course(s)") and/or services ("Service(s)") in full before the scheduled start date, nor will the refund of the payment be made, except as indicated in clause 7 above, since said payment implies the reservation of the place.
Keep in mind that, if before 14 days have elapsed from the Purchase of the (“Product/s” or “Course/s”) and/or services (“Service/s”), and/or the rental, you begin the training and/or enjoy the rental, respectively, you will not be able to desist from the Purchase made.
However, some Courses and/or Products or Services may have specific deadlines depending on their special characteristics, both for withdrawal and modification. Please, carefully review the indications for these purposes at the time of booking or purchase.
To exercise the right of withdrawal, you must contact us by email at firstname.lastname@example.org, indicating in the subject your name and "EXERCISE RIGHT WITHDRAWAL" and your decision to withdraw from the Purchase through an unequivocal statement. You can also use the withdrawal form that is includes in this link, although its use is not mandatory.
You can also access the European online alternative dispute resolution system through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
In the event of withdrawal in accordance with the above, Escola Port will refund all payments received, except shipping costs, if any, without undue delay and, in any case, within 14 calendar days from from the date on which you communicate your decision to withdraw from the Purchase. The refund will be made through the same means of payment that you would have used to make the Purchase, unless you indicate otherwise, not incurring any additional expenses as a result of the refund.
B. Effects of Withdrawal
In accordance with current regulations, when a part of the Product and/or Service has already been provided at the time you inform us of your willingness to exercise your right of withdrawal, only the amount proportional to the part not provided and/or consumed will be refunded. of the Product and/or Service. The proportional amount will be calculated based on the total Price agreed at the time of Purchase and/or reservation.
C. User Service
Any request for information, especially in relation to the Purchase, reimbursement, exchange or operation of the Products and/or Services, must be directed to Escola Port at the following email address email@example.com.
Unless otherwise provided in these Terms and Conditions, Escola Port's liability in relation to any Product and/or Service purchased on the Web is strictly limited to the Purchase Price of said Product and/or Service. However, unless otherwise provided by law, no liability will be accepted for the following losses, regardless of their origin:
- Injuries due to negligent action by the User,
- Loss of income or sales;
- business loss;
- loss of profit or loss of contracts;
- Loss of anticipated savings;
- Data loss;
- Loss of management time or office hours.
- Loss of the amount paid for the Product/s and/or Service/s if for reasons beyond the control of Escola Port you do not obtain the certification, including lack of attendance, failure to comply with the applicable requirements and/or the expiration of the deadlines indicated with respect to the realization of the Courses.
Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, the accuracy and security of the information transmitted or obtained through this Website is not guaranteed.
Escola Port does not assume responsibility of any kind for non-compliance and/or lack of attention or respect to the training regulations of Escola Port, the Practice regulations contained in the Briefing and/or other documents, indications and/or guidelines of the teachers and/or instructors of Practices or to the other regulations applicable to the Courses and that are provided to the Student prior to the training. All the rules are mandatory to carry out the Courses in which they are applicable.
Specifically, and in relation to the Practices of the Courses (corresponding to the navigation practices in the Escola Port boats, to the Practices with simulators in the classrooms and/or to the Practices in open spaces of survival at sea and fight against the fire in the case of STCW Courses, as well as any other Practices that may be offered for any of the Escola Port Courses):
- They will be supervised by one or more of our certified instructors. Before starting the Practices, you will be given a briefing with the minimum security instructions (“Briefing”), which you must read and comply with at all times. In addition, for your safety and that of the rest of the group, you must follow all the indications and/or additional guidelines indicated by the instructors at all times and you must comply with the other regulations applicable to each Course, reserving us the right to exclude you from the Practices if We consider that you do not comply with the Briefing, the indications and/or guidelines provided in each case and/or the applicable regulations.
- Escola Port will put at your disposal all the safety equipment necessary to carry out the Practices, which you must use with due diligence and following the instructions of the instructors and/or the Briefing, having to respond otherwise for the patrimonial responsibilities derived from its misuse.
- It is forbidden to bring alcoholic beverages to the boats for practices, as well as drugs of any kind. Nor is it allowed to attend practices after having ingested alcohol or drugs.
- The Practices are compulsory attendance, therefore, to record your presence, you must sign a confirmation of attendance before each class that will be provided to you (“Assistance confirmation”). By signing the confirmation of attendance you will also be confirming that you have read this document and accept the conditions of carrying out the practice or activity. The completion of the Practices is personal and non-transferable, and must be carried out by the person who enrolled in the Course (Student) and, where appropriate, made the reservation. If you act maliciously or fraudulently, engaging in conduct such as identity fraud or signature forgery, Escola Port reserves the corresponding legal actions, without prejudice to the responsibilities that could be demanded of both you and the Student.
- Changes to the dates of the Reserved Practices will be free of charge, unless the change is requested in the last forty-eight (48) hours before the date on which the class was to take place. In this case, a penalty of forty-five euros (€45) will be imposed. In the case of Navigation Practices of forty-eight (48) hours of stay at sea, the penalty will be ninety euros (€90). Keep in mind that cancellation at the last minute means for Escola Port the loss of that place, since there is no time frame for another student to occupy it and implies the need to modify the list of students who declare themselves to the corresponding department of the Generalitat of Catalunya.
- As a Student, by Purchasing a Course, you understand and accept that the Practices entail a series of risks inherent to the activity that is carried out, therefore, as a Student, you expressly exonerate Escola Port, its staff, and/or the teachers and/or instructors from any damage that may occur during the course of the same, provided that the diligence described in this Document has been maintained and/or that said responsibility is not expressly provided for in the law. Thus, by carrying out the Practices, you fully assume, understand and accept the risks that navigation may entail for your health, and you exonerate Escola Port, including but not limited to:
- Responsibility for patrimonial and extra patrimonial damages, whatever their cause.
- Any damage caused by the risks inherent in carrying out the Practices, in some cases unforeseeable and/or of an uncertain nature.
- Any damage caused by causes beyond Escola Port and/or by third parties outside Escola Port
- Any damage caused by the weather and/or natural events.
- Patrimonial or extra-patrimonial damages that occur as a result of personal circumstances not evaluable by Escola Port, such as pregnancy, diabetes, hypertension, epilepsy or any other medical contraindication or pathology not declared and/or unforeseeable or whose consequences are unavoidable or unassumable for Escola Port in relation to navigation. Likewise, even if these personal circumstances have been declared to Escola Port, if you decide to carry out the Internship, you assume the risks and responsibility for any damage that may occur.
- Patrimonial or extra patrimonial damages that occur as a consequence of your previous physical or mental condition and/or during the completion of the Internship.
- Any liability derived from the consumption of substances that may disturb the normal development of the Practices.
- Exclusion from Practices for not complying with the indications and/or guidelines of the instructor and/or the Briefing, the amounts already paid being non-refundable for this reason.
- Unavailability of Internships for reasons beyond Escola Port.
- Failing to satisfactorily pass the Practices.
As indicated above, before starting the Internship you will be provided with a document disclaiming liability (“Disclaimer”) integrated in the Confirmation of Assistance, your signature being essential to be able to start them.
Remember that, by reserving the Internship, as well as by Purchasing the corresponding Course, you expressly agree to have read and understood these Terms and Conditions.
11. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
These Terms and Conditions constitute a binding contract both for you, as a User, and for us, as well as for the respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer the contract or any of the rights or obligations derived from it, without having obtained prior written consent from Escola Port.
From Escola Port we may transmit, assign, encumber, subcontract or in any other way transfer the contract or any of the rights or obligations derived from it, at any time during its validity.
To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, where appropriate, you have as a consumer recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied, that are they could have given.
12. FORCE MAJEURE
We are not responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure will include any unforeseeable or unavoidable act, event, lack of exercise, omission or accident, and therefore beyond our reasonable control.
It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. At Escola Port we will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to comply with our obligations despite the Cause of Force Majeure.
The lack of requirement, on our part, of the strict compliance by the Users of any of the obligations assumed by virtue of the contract or of these Terms and Conditions or the lack of exercise on our part of the rights or actions that could correspond by virtue of the contract or these Terms and Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from the contract or from these Terms and Conditions nor will it take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the Written User.
14. INTELLECTUAL PROPERTY
The information disseminated on the Web, as well as its contents (the "Web Content") are owned by Escola Port or its authors and are considered protected works in accordance with the provisions of Royal Decree 1/1996, of 12 April, by which the revised text of the Intellectual Property Law is approved. In no case can it be understood that from Escola Port we assign or authorize our Users to exploit in any of its modalities the rights over said Web Content beyond what is strictly necessary for the correct use of the Web.
The Course Material is owned by Escola Port or its teachers and/or authors and is likewise considered protected works in accordance with the LPI. Said Material is protected from unauthorized copying and downloading on the Escola Port Platforms, and although they can be used as study and training material, in no case can it be understood that from Escola Port we assign or authorize our Users to exploit in any of its modalities the rights on said Material.
The trademarks, trade names or distinctive signs of any kind that appear on the Website are the property of Escola Port or have been published with the consent of their legitimate owners, without it being understood that access to the Website attributes to Users any right over the aforementioned trademarks, trade names and/or distinctive signs.
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the Web Content and/or Training, you can contact Escola Port through our email firstname.lastname@example.org, attaching the pertinent information.
In any case, at Escola Port we cannot assume any responsibility regarding the intellectual or industrial property rights owned by third parties that are infringed by the Users of the Web by any other person outside Escola Port.
15. AUTHORIZATION ASSIGNMENT OF IMAGE RIGHTS
With the acceptance of these Terms and Conditions, you consent and authorize, in your own name, without perception of economic consideration for it and voluntarily, Escola Port, to capture and/or record your image and any other personal identifying element ( hereinafter, the "Image") through photography and/or video and/or any other means of capture and/or images that are carried out, by ourselves or through third parties, during the Courses, Internships, Activities and/or Events in those who participate
Likewise, you also authorize Escola Port to reproduce and publish the Image free of charge and with the power to assign it to third parties, in any photographic and/or videographic format, as well as through any other means of fixing images and in any means of dissemination, including our internal channels (such as the Platform, the Blog, etc.) as well as our external channels (such as, without exclusive character, their web pages, profiles on social networks, online reproduction and/or streaming platforms, materials, content , forums, meetings, conferences, publications and promotional presentations, as well as by any other means of dissemination (television, press, YouTube, etc.) and any other digital or printed media owned by Escola Port or by third parties whom we authorize, to which effects of publicizing the Courses, Practices, Activities and/or Events.
The authorization is granted in a transferable manner, with a global territorial scope and for an indefinite period of time. The images may include images of you that allow your identification, without being pixelated or anonymized in any way.
16. DATA PROTECTION
As a User you understand and accept that from Escola Port we may share your data communicated to service providers that help us carry out our activity.
17. PARTIAL NULLITY
If any part of these Terms and Conditions were declared null and void by a firm resolution issued by a competent authority, the remaining Terms and Conditions will remain in force, without being affected by said declaration of nullity.
18. ENTIRE AGREEMENT
19. RIGHT TO MODIFY THE TERMS AND CONDITIONS AND THE COURSES.
From Escola Port we have the right to review and modify these Terms and Conditions at any time, so we are not responsible for any damage that as a User may suffer due to their change. As a User, you are subject to the Terms and Conditions in force at the time you use the Website or make each order, unless by law or decision of government agencies retroactive changes must be made to any of the Terms and Conditions, in which case, the possible changes may also affect the orders that you had previously made.
Likewise, we have the right to modify and update the content, format and/or mode of presentation of the Courses at any time and without prior notice to the Student, in order to offer the latest versions of the training adapted to regulatory changes and/or new methodologies. We recommend that you carry out the training according to the defined planning, for an optimal use of the training resources.
At Escola Port the User is our priority and we try to address ourselves whenever possible in your own language. That is why we have translated the Terms and Conditions into several languages. However, in case of conflict or doubts about the meaning or scope of any section, term or expression contained therein, please contact us at the addresses provided for this purpose on our website.
21. APPLICABLE LAW AND JURISDICTION
The use of the Web and the contracts for the Purchase of Products and/or Services through the Web are governed by Spanish legislation. Any controversy that arises or is related to the use of the Web or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. You can also access the European online alternative dispute resolution system through the following link: EU Online Dispute Resolution Platform. If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes as such.