TERMS & CODITIONS

LAW ON INFORMATION SOCIETY SERVICES (LSSI)

Sam William Hobbs, owner of the website, hereafter referred to as RESPONSIBLE, makes available to users this document with the aim of fulfilling the obligations established in Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website about the terms and conditions of use.

Any person accessing this website assumes the role of user, committing to the strict observance and compliance with the provisions herein, as well as any other legal provisions applicable.

Sam William Hobbs reserves the right to modify any type of information that may appear on the website, without the obligation to give prior notice or to inform users of such obligations, understanding that it is sufficient to publish them on the Sam William Hobbs website.

1.IDENTIFYING DATA

  • Corporate name: Sam William Hobbs
  • Trade name: SH English Academy
  • NIE (foreigner identification number): Y0586538Y
  • E-mail: shenglishacademy@gmail.com

2.PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3.PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, Users shall guarantee their truthfulness, accuracy, authenticity, and validity. The company shall process such data in an automated manner, as appropriate depending on its nature or purpose, as indicated in the Privacy Policy section.

4.INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents displayed on the Website, and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights, as well as all the trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted on the page, which are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform or modify such contents, while keeping the company indemnified against any claims arising from the non-compliance with such obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial assignment of such rights unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right to use, modify, exploit, reproduce, distribute, or publicly communicate the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third-party owner of the affected rights.

This text is about the protection of intellectual property rights. The content, texts, photographs, designs, logos, images, computer programs, source code, and any other intellectual creation on this website are protected by intellectual property legislation. The company is the owner of the graphic design elements of the website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content on the website, or in any case, has the corresponding authorization for the use of such elements. The content on the website cannot be reproduced, transmitted, or recorded in any form or by any means without the prior written authorization of the company.

It is also prohibited to remove, circumvent and/or manipulate the copyright or any technical protection devices, or any information mechanisms that may contain the content. The user of this website agrees to respect the rights described and to avoid any actions that could harm them, reserving the company the right to use any means or legal actions to defend its legitimate intellectual and industrial property rights.

5.OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User agrees to:

  1. Make appropriate and lawful use of the Website as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) moral and good customs generally accepted; and (iv) public order.
  2. Provide all technical means and requirements necessary to access the Website.
  3. Provide truthful information when completing personal data forms on the Website and to keep them updated at all times to reflect the User’s actual situation. The User will be solely responsible for false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.

Notwithstanding the foregoing, the User must also refrain from:

  1. Making unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, which are prohibited under these General Conditions of Use, that harm the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services or documents, files, and all kinds of content stored on any computer equipment.
  2. Access or attempt to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Website, its providers, or third parties.
  4. Introduce or spread computer viruses or any other physical or logical systems that are capable of causing damage to the physical or logical systems of the company, providers, or third parties.
  5. Attempt to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
  6. Reproduce or copy, distribute, make available to the public through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or this is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
  8. Obtain or attempt to obtain the contents using means or procedures other than those that, where appropriate, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located, or, in general, those that are commonly used on the Internet and do not involve a risk of damage or disablement to the website and/or contents.
  9. In particular, and on a merely indicative and non-exhaustive basis, the User undertakes not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
  • In any way is contrary to, undermines or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
  • Induces, incites or promotes criminal, denigrating, defamatory, violent or, in general, illegal actions, contrary to law, morals, generally accepted good customs or public order.
  • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
  • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
  • Induces or incites involvement in dangerous, risky or harmful practices for health and mental balance.
  • Is protected by the legislation on intellectual or industrial property belonging to the company or third parties without the authorized use intended to be made.
  • Is contrary to honor, personal and family privacy, or the image of people.
  • Constitutes any type of advertising.
  • Includes any type of virus or program that prevents the normal operation of the website.

If a password is provided to access certain services and/or content on the Website, you are obliged to use it diligently, keeping it secret at all times. Therefore, you will be responsible for its proper custody and confidentiality, committing not to temporarily or permanently transfer it to third parties or allow access to said services and/or content by unauthorized persons. Similarly, you are obliged to notify the company of any fact that may imply misuse of your password, such as, for example, theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the aforementioned notification is not made, the company will be exempt from any liability that may arise from the misuse of your password, and you will be responsible for any illicit use of the content and/or services of the Website by any unauthorized third party. If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the company.

6.RESPONSIBILITIES

Continuous access or correct visualization, download, or use of the elements and information contained on the website cannot be guaranteed and may be hindered, made difficult, or interrupted by factors or circumstances beyond our control. We are not responsible for any decisions that may be made as a result of accessing the offered content or information.

The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of their Web Space or any of the services offered therein is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Web Space.

We will only be responsible for removing content that may generate such damages as soon as it is notified. In particular, we will not be responsible for damages that may arise from, among others:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system caused by deficiencies, overloads, and errors in telecommunications lines and networks, or any other cause beyond the control of the company.
  2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  3. Misuse or inappropriate use of the Web Space.

Security or navigation errors caused by browser malfunction or the use of outdated versions of it. The administrator of the web space reserves the right to remove, totally or partially, any content or information present on the Web Space.

The company excludes any liability for damages of any kind that may be due to the improper use of freely available and usable services by Users of the Web Space. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely for the provision of consultation and doubt services. On the other hand, in the event of causing damages and losses due to illegal or incorrect use of such services, the User may be liable for the damages or losses caused.

You will keep the company indemnified against any damages and losses that may arise from claims, actions, or demands by third parties as a result of your access or use of the Web Space. Likewise, you agree to indemnify for any damages and losses arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data, or any other action on your part that imposes an unreasonable burden on the operation of the Web Space.

 7.HYPERLINKS

The User undertakes not to reproduce in any way, not even through a hyperlink, the Web Space, as well as any of its contents, without express and written authorization from the responsible party of the file.

The Web Space may include links to other websites, managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it position itself as a guarantor or offering party of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the home page of the Web Space exclusively for private and non-commercial use. Websites that include a link to our Web Space (i) may not falsify their relationship or claim that such a link has been authorized, nor include trademarks, denominations, trade names, logos, or other distinctive signs of our company; (ii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Web Space other than the home page; (iv) must link to the Web Space’s own address, without allowing the linking website to reproduce the Web Space as part of its website or within one of its “frames” or create a “browser” on any of the Web Space’s pages. The company may request, at any time, that any link to the Web Space be removed, after which it must be immediately deleted.

The company cannot control the information, content, products, or services provided by other websites that have established links to the Web Space.

8.DATA PROTECTION

To use some of the Services, the User must provide certain personal data beforehand. The company will automatically process this data and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

9.COOKIES

The company reserves the right to use “cookie” technology on the Website, in order to recognize the User as a frequent user and personalize the use that the User makes of the Website by preselecting their language or preferred or specific content.

Cookies collect the user’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser, through a web server, to record the User’s navigation on the Website, when the User allows its receipt. If you wish, you can configure your browser to be notified on screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for more information.

Thanks to cookies, it is possible to recognize the computer’s browser used by the User in order to facilitate content and offer navigation or advertising preferences that the User, to the demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress and the number of entries.

 

10.STATEMENTS AND WARRANTIES

In general, the content and services offered on the Website are for informational purposes only. Therefore, no warranty or representation is made in relation to the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

11.FORCE MAJEURE

The company shall not be liable in any event of impossibility to provide service, if it is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

12.DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the social domicile of the Website owner.

In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company shall proceed to modify or replace such provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.

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