TERMS AND CONDITIONS
1. LEGAL INFORMATION
These General Terms and Conditions of
Contract and Use (hereinafter, the “Conditions”) of CRONACADEMY SL,
a Spanish company with registered office in Sant Cugat
del Valles (Barcelona), Llaceres, 4 and Corporate Tax
Code (C.I.F.) B42806208, (hereinafter, “CRONACADEMY” or the
“Company”), regulate the use of the services provided through the Cronacademy solution, that includes Cronrooms
(hereinafter, “Cronacademy” or “the Solution”) made
available by CRONACADEMY to its users and clients via website access at the
Internet portal
https://cronacademy.com
and
https://cronrooms.com
(hereinafter, indistinctly referred to
as the “Website” or the “Site”).
Use of the Website and of Cronacademy attributes the status of user (hereinafter,
“User”) and purchase of the Services, as these are defined later herein,
attributes the status of client (hereinafter, “Client”) and entails acceptance
of the present Conditions. Certain services or functionalities of the Solution
may be subject to specific conditions that may modify or complement these
Conditions, as the case may be, and they shall be held as accepted by Users
and/or Clients when starting to provide said service or starting to use the
respective functionality.
CRONACADEMY reserves the right to modify
the content and settings of the Website, the Solution and the services provided
at any time, without notice. Users and Clients should read these Conditions
carefully.
By clicking and indicating your acceptance
or by accepting a purchase order for the Services, as these are defined later
herein, the Client and User accept these Conditions regulating the use of the
Services. Furthermore, registering for or using the Solution entails full
acceptance of these Conditions and of the Cronacademy
privacy policies posted on https://cronacademy.com/privacy/en (hereinafter, the
“Privacy Policy”).
Finally, in case that the Client
purchases the Services through an authorized Reseller, the present Conditions
shall apply, except for those aspects regarding payment, billing terms,
notifications and technical assistance services, which due to the commercial
agreement between the Reseller and the Client are not applicable to the Client.
2. SERVICES
2.1. Description of the services
CRONACADEMY makes available to the Client,
through the Solution, a set of training centers or schools management services.
These are set out in detail at
https://cronacademy.com
, https://cronrooms.com or another similar URL that
may be provided by CRONACADEMY (hereinafter, the “Services”). The Services are
provided online through the Web application, through mobile devices, both
online and offline, and through the desktop application. The Solution shall
permit the use of an interface based on website
2.2. Data included in the service
provision
The Solution allows the Client to
process the information based on (i) class schedules, (ii) students and teachers enrollments, (iii) absence tracking, (iv) Students
and relatives contact and billing data and all other information related to their
activity (hereinafter, the “User Data”). The Client and, as applicable, User,
may cancel these functionalities at any time by editing the settings of the
device or by contacting CRONACADEMY. Likewise, the Client may register for new
functionalities by contacting CRONACADEMY, in which case a new estimate shall be
provided and the User shall be informed.
In addition, for the effective provision
of the Services and functioning of the Solution, the Client and/or each User
may send all the data, information or materials they consider convenient to the
Solution, including third-party data, information or materials (hereinafter,
the “Third Party Data”). User Data and Third Party
Data shall be referred jointly to as “Data”. For the sake of clarification,
Data includes all Data dumped in the Solution (except the contact and billing
data of the Client itself). In all cases, the data sent to the application by the
Client and/or User shall comply with these Conditions and with the Privacy
Policy. CRONACADEMY shall only share Data under the terms set out in the Privacy
Policy.
The Client shall also guarantee it has
the respective authorization to manage Third Party Data through the use of the
Solution.
By ticking the box enabled for these
purposes, the Client agrees to regularly receive from CRONACADEMY marketing
communications related to the Company’s products and services, and Newsletters
from CRONACADEMY with news and updates related to sales, technology and the
Client’s sector. The Client may at any time inform CRONACADEMY that it does not
wish to receive the above communications by sending an email to
newsletters@cronacademy.com
or
newsletters@cronrooms.com
.
2.3 Modifications
CRONACADEMY may make any changes,
modifications and adjustments it considers reasonable to the Services whenever
it thinks fit. In the event of making any substantial change to the Services, CRONACADEMY
shall notify the Client in advance.
3. OBLIGATIONS OF THE CLIENT
3.1. Compliance with the Conditions
The Client and the User hereby undertake
to use the Services in accordance with the terms set out in these Conditions. CRONACADEMY
may, if it considers it necessary, provide additional applications,
characteristics or functions through the Services, the use of which may be
subject to additional conditions that must be accepted by the Client and, as
applicable, by the User.
3.2. Conditions of use and restrictions
The Client and the User shall comply
with the conditions of use and restrictions related to the use the Services
established by CRONACADEMY at all times, including, among others: (i) technical
and implementation requirements of the Solution; (ii) directives related to the
treatment of trademarks held by CRONACADEMY for the Services; (iii) terms of use
and privacy policy of the Website and (iv) data protection requirements of CRONACADEMY.
3.3. Permitted Use and Restrictions in
Use
The Client and the User agree to use the
Services solely in accordance with these Conditions and with current law. The
Client and the User also undertake not to take part in any activity that
interferes with the Services, the servers or the networks connected to the
Services, or that could interrupt them. In addition to being regulated by these
Conditions, the use of certain specific services of CRONACADEMY by the Client
shall be governed by the specific policies or directives submitted to the
Client on registering or accessing the services in question and specifically
incorporated at the time of acceptance by the Client.
Unless agreed by CRONACADEMY in writing,
neither the Client nor the User shall carry out any of the following
activities. The Client shall ensure that the User complies with the terms
specified herein, and shall make every reasonable effort to ensure that no
third party carry out any such activities: (i) use the Solution in such a way
that it could be harmed, disabled, overloaded or damaged, or use it in a way
that could interfere with the use and enjoyment of the Solution by third
parties; (ii) eliminate, hide or alter any warning contained in the Solution
related to author’s rights, trademarks or other warnings related to property
rights, (iii) send spam, duplicate emails or unsolicited emails that contravene
the applicable legislation; (iv) send or store illicit, obscene, threatening,
defamatory, illegal or offensive material, including material that is harmful
to children or that infringes the privacy rights of third parties; (v) send or
store material containing software with viruses, worms, Trojan horses or
malicious codes, files command sequences and malware; (vi) interfere with or
harm the integrity or performance of the Services, the Solution or the data
they contain; and (vii) attempt to obtain unauthorized access to the Solution
or to any related systems or networks.
3.4. Management of the Services by the
Client
The Client shall receive a username and
password which it shall use to manage the Client’s accounts. The Client is
responsible for guaranteeing the confidentiality of the password and account,
and to that end the Client shall designate the employees authorized to access
the account and shall restrict the scope of that authorization to complying
with the assigned tasks, for all activities carried out in relation to the
Client’s account. The Client agrees to immediately inform CRONACADEMY of any unauthorized
use of or access to the Services, the Solution, the password or the Client’s account,
or any other security breach. CRONACADEMY declines and shall not accept any
responsibility for losses or damages arising due to the Client’s failure to
observe the security obligations. The Client recognizes and accepts that CRONACADEMY
shall not be held responsible in any way or under any circumstances for any
action, omission or negligence on the part of the Client or any User, including
damages resulting from such actions, omissions or negligence.
3.5. Responsibility of the Client and
consent of the User
The Client administrator has the
authority to access, supervise, use or reveal User and Third-Party Data in the
Users’ accounts, and the Client is considered the data controller. The Client
is the only responsible for all obligations arising from its status as data
controller, holding CRONACADEMY entirely harmless in the event of any claim.
Likewise, the Client and the User are
aware that in the event of the Client having registered for this functionality,
any User may access and supervise any data in the accounts of any other User,
given that all Users are visible in the accounts of other Users. The Client
guarantees it has the express consent of the Users to permit that
functionality. The Client and, as applicable, the User, may cancel these
functionalities at any time by editing the settings at device level or by
contacting CRONACADEMY.
3.6. Unauthorized use
The Client shall make its best efforts
to prevent and cancel any unauthorized use of the Services. The Client shall
immediately inform CRONACADEMY of any unauthorized use of or access to the
Service that comes to its notice.
3.7. Conditions applicable to the User
The Client admits that it shall be
responsible for all activities carried out in its Client account and that its
Users are subject to the present Conditions in relation to each of the Service
components.
In the event that the Client is made
aware of any infringement of these Conditions in aspects applicable to Users,
or of any other Service or policy conditions applicable by a User, the Client
undertakes to (i) notify it to CRONACADEMY as soon as possible, and (ii)
immediately suspend or cancel the account of that User, unless CRONACADEMY agrees
otherwise in writing (even by email). At the request of CRONACADEMY, the Client
shall immediately suspend or cancel any User account or administrator access to
the Service in response to an infringement of the terms of use or the policy
applicable by a User. CRONACADEMY reserves the right, at its discretion, to
suspend or cancel the User Account of any User.
3.8. Account information and data
CRONACADEMY is not the owner of the data,
information or materials sent by the Client and/or User to the Services and to
the Solution during their use (the “User and Third-Party Data”). The Client,
and not CRONACADEMY, shall be solely responsible for the accuracy, quality,
integrity, lawfulness, reliability, suitability and intellectual and/or
industrial property rights in the use of the Data, and CRONACADEMY shall not be
held responsible for deletion, correction, destruction, damage, loss or error
arising in the storage of the Data and of any data in general uploaded to the
Solution.
If requested to by the Client on the
termination of the Service contract, CRONACADEMY shall provide the Client with a
file containing the Data (owned by the Client) no later than thirty (30) days
after the termination of the Services.
3.9. Interaction with third parties
While using the Services the Client may
share correspondence, purchase goods and services or take part in promotions of
advertisers or sponsors offering their goods and/or services through the
Services.
All of the above activities and all
conditions, representations or guarantees related to such activities are
exclusively between the Client and those third parties. CRONACADEMY and its
distributors decline all responsibility derived from such correspondence,
purchases or promotions between the Client and those third parties.
CRONACADEMY does not endorse any Internet
website accessed through the Services. CRONACADEMY offers these links to the
Client for its convenience and under no circumstances shall CRONACADEMY or its
distributors be held responsible for the content, products or any other
materials made available through those links.
CRONACADEMY provides the Services to the
Client in accordance with these Conditions. Nonetheless, the Client recognizes
that other parties providing software, hardware or additional services may
require the Client’s acceptance of another or an additional license, or other
conditions in order to use or access said software, hardware or services.
4. BILLING AND PAYMENT
4.1. Free trial periods
In those conditions in which initial
free trial periods are applied, no charge shall be made during such periods. If
the Client decides to cancel the Services before the end of the trial period,
no charge shall be made.
4.2. Payment method
Payments shall be made with payment
methods available in each moment
The payment obligations may not be
cancelled and no amounts already paid shall be refunded. The Client is
responsible for paying all User licenses requested for the entire license
period, regardless of whether or not they are in use.
4.3. Licenses
Licenses are per user/month. Every month
licenses will be paid for each active user at any time.
At the beginning of every month licenses
will be paid for active users during last month.
Prices are published on the web.
CRONACADEMY will publish in the web a
minimum number of licenses to purchase. This minimum number of licenses could
change without prior notice. All licenses paid but not used immediately will be
stored por a future use. These licenses will not be refunded.
4.4. Minimum Licenses
Client have to pay a minimum amount of licenses every year. Minimum licenses will be
published in the website.
For Cronrooms
platform, when there are no active users, platform administrator and a user for
each course will be able to access courses, without license, with a maximum
data transference and data storage. These data transference and storage will be
published in the website. If the Client needs to increase data transference and
storage, CRONACADEMY will prepare an extension data offer.
4.5. Invoices
The Client shall provide complete and
precise billing and contact information to CRONACADEMY. Such information includes
the name of the company, bank account number or credit card (as may apply),
postal address, email address, name and telephone number of an authorised contact person for the billing, intracommunity
VAT number (as may apply) and Client administrator data.
The Client agrees to update this
information within ten (10) days after any modification. If the contact
information provided is false or fraudulent, CRONACADEMY reserves the right to
deny access to the Service and to take any other legal action it considers
appropriate.
If the Client considers that the invoice
is incorrect it shall contact CRONACADEMY or its distributor in writing, no later
than seven (7) days after the date of the invoice, in order to have the amount
corrected or receive a refund.
4.6. Rates for additional data
transference or storage
If the Client needs an extension on data
transference or data storage, CRONACADEMY will prepare rates for the Client
needs.
4.7. Default
CRONACADEMY reserves the right to suspend
or cancel these Conditions and hence access to the Services by the Client if
the latter delays payment after the
due date.
Accounts with payment delays shall be
subject to a monthly interest of 1.5% applied to the outstanding balance, in
addition to all the necessary collection charges. Such interest may not be
divided into fractions and a single day of delay shall give rise to the
application of the total interest amount.
If the Client or CRONACADEMY decide to
terminate access to the Services, the Client is obliged to pay the outstanding
account balance.
CRONACADEMY reserves the right to charge a
reconnection fee in the event that the Client has been suspended and
subsequently requested access to the Service.
4.8. Other services
A part from monthly licenses payment, CRONACADEMY may offer other services in their platforms for a fixed monthly price payable in advance. In tha case prices will be sent to interested clients or published on the web
5. TAXES
The established prices for the Services
do not include taxes, rates or other similar surcharges of any kind, including,
among others, VAT, sale or use tax or withholding tax established by current
law (all these are jointly referred to as “Taxes”). The Client shall be
responsible for paying the Taxes and may not make payments to CRONACADEMY for the
Services that include Taxes deductions.
6. SUSPENSION AND INTERRUPTION OF THE SERVICES
6.1. Suspension/interruption of User
Accounts by CRONACADEMY
In the event that the Client breaches
these Conditions, or if, after a previous request from CRONACADEMY, the Client
has not taken the necessary steps to remedy that breach within ten (10) days, CRONACADEMY
reserves the right to suspend the Services, without prejudice to what is set
out in Clause 12 of the present Conditions.
Furthermore, if CRONACADEMY becomes aware
of any breach of these Conditions by the User, it may request the Client to
suspend the Account of the User in question. If the Client fails to comply with
that request made by CRONACADEMY, the latter may suspend the User Account. Said
suspension shall not be lifted until the User in question has remedied the
breach giving rise to the suspension.
6.2. Availability of and Access to the
Services
CRONACADEMY shall provide permanent
availability and access to the Services except in cases in which, due to
circumstances beyond its control, the Services must be suspended or
interrupted, in which case the Client shall be duly informed. Such
interruptions may be due to third parties on which the Services provision
depends.
6.3. Emergency security incidents
In the event of an emergency security
incident, CRONACADEMY may automatically suspend the use of the User account. The
duration and scope of the suspension shall be the minimum necessary to prevent
or resolve the emergency security incident. If CRONACADEMY suspends a User
account for any reason without notifying the Client in advance, CRONACADEMY shall
inform the Client of the reason for the suspension as soon as is reasonably
possible, if the Client so requests.
7. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS
Unless expressly provided for in this
document, these Conditions do not guarantee either Party any right, implicit or
otherwise, over the content or over any intellectual and/or industrial property
right of the other Party. In this regard, CRONACADEMY holds all intellectual
and/or industrial property rights over the Services.
CRONACADEMY and its providers shall retain
ownership over all rights, titles and interests, including, among others, all
intellectual and/or industrial property rights (by virtue of that set forth
below) related to the Services and the Solution, and all work or improvements
arising from the same, including, without limit, software, technology,
information, content, materials, directives and documentation. The Client shall
not acquire any right, title or interest contained therein, except for the
rights of limited use expressly established in these Conditions. Any right not
expressly granted in this document shall be deemed not granted. CRONACADEMY is
not the owner of the third-party content used as part of the Services,
including the content of the communications appearing in the Services. The
title of ownership and intellectual and/or industrial property rights of the
content accessed through the Services belongs to the owner of the content in
question and may be protected by intellectual property or other applicable
laws. The Client undertakes not to carry out, or allow others to take the
following actions: (i) adapt, translate or modify the Solution; (ii) decipher,
decompile, dismount, apply reverse engineering or make any other attempt to
decipher the source code or software objects of the Solution, unless the
applicable laws prohibit such restrictions; (iii) copy the Solution; (iv) use
the Services for high-risk activities or (v) grant under licence,
provide, sell, rent or lease the Services or any of their components. All
third-party source codes included in each of the Service applications may only
be used together with that Service application and use thereof shall be subject
to the present Conditions.
IT IS FORBIDDEN TO USE, COPY, TRANSFER
OR MODIFY THE SOLUTION (INCLUDING INTELLECTUAL AND/OR INDUSTRIAL PROPERTY
RIGHTS OVER THE SAME) OR ANY PART OF IT, EXCEPT IN CASES IN WHICH THIS IS
EXPRESSLY PERMITTED BY THESE CONDITIONS.
7.1. Distinctive trademarks and titles
For the purposes of these Conditions,
“Distinctive Trademarks and titles” refers to commercial names, trademarks,
service marks, logos, domain names and other distinctive trademark elements of
each Party, respectively, protected by that Party at any time. Neither Party
may display or use the Distinctive Trademarks and titles of the other outside
the scope of what is set forth in these Conditions without the previous written
consent of the other Party. Unless expressly indicated, neither Party shall
grant or the other acquire any right, title or interest, including among
others, any implicit licence over any Distinctive
Trademarks and titles of the other Party. All rights not expressly granted
shall be deemed not granted. Any use of the Distinctive Trademarks and titles
of the Client by CRONACADEMY shall be made to the benefit of the Client and any
use of the Distinctive Trademarks and titles of CRONACADEMY by the Client shall
be made to the benefit of CRONACADEMY. The Client shall not violate or cooperate
with others to violate the Distinctive Trademarks and titles of CRONACADEMY or
the registration thereof and shall not try to register the Distinctive
Trademarks and titles of CRONACADEMY or domain names that are similar to those of
CRONACADEMY and could lead to confusion.
7.2. Restriction on the use of
Distinctive Trademarks and titles
The Parties may revoke each other’s
right to use their Distinctive Trademarks and titles pursuant to these
Conditions by sending a written notification to the other Party, who shall
immediately stop using them.
7.3. Open-source Software and
Third-party Software Libraries
The Website and the Cronacademy
Solution may include open-source software or third-party software libraries. Cronrooms is based on Moodle, an open-source platform.
Open-source software and/or third-party
libraries shall be regulated by their own terms and conditions and the User
shall be subject to the terms and conditions of the respective licence in relation to using such software or libraries.
The User agrees to comply with all the above-mentioned licenses.
8. CONFIDENTIALITY
Each Party shall (a) protect the
Confidential Information of the other Party using the same standard protection
measures it uses to protect its own Confidential Information and shall (b) only
reveal the Confidential Information to its employees and representatives when
this is strictly necessary and provided they have
agreed in writing to abide by the confidentiality obligations. Each Party (and
all the employees and representatives to whom Confidential Information has been
revealed) shall use the Confidential Information solely for the purpose of
exercising its rights and fulfilling the obligations set out in these
Conditions, implementing reasonable methods to protect it. Each Party shall
answer for the actions of its employees and representatives who infringe the
terms of this Clause.
8.1. Exclusions
The Confidential Information does not
include information which (a) was already known to the recipient, (b) was made
public without the recipient being responsible, (c) was generated independently
by the recipient or (d) was legitimately transmitted by a third party.
8.2. Legal disclosure
Either Party may reveal the Confidential
Information of the other Party when required to do so by law; however, if
permitted by law, only after (a) making all reasonable efforts to inform the
other Party and (b) granting the other Party the opportunity to reject the
disclosure.
9. PUBLICITY
The Client and the User agree not to
make any public announcement in relation to the existence or content of these
Conditions without the previous written authorisation
of CRONACADEMY. CRONACADEMY may (i) include the Distinctive Trademarks and titles
of the Client in presentations, marketing materials and client lists,
including, among others, client lists posted on the websites of CRONACADEMY and
take screenshots of the implementation of the Services by the Client; and (ii)
issue a public announcement regarding the existence or content of these
Conditions. At the request of the Client, CRONACADEMY shall provide it with a
sample of that use or announcements.
10. VALIDITY PERIOD
10.1. Validity period
These Conditions shall continue to be
valid as long as CRONACADEMY provides the Services to the Client. Nonetheless,
Clauses 7, 8, 9, 12 and 15 and the sections of Clause 3 which, due to their
nature, must remain in force, shall remain in force after the provision of the
Services.
10.2. Cancellation
If the Client does not purchase any licence during the first two months CRONACADEMY may cancel
Client account and.
The Parties agree that they may unilaterally
decide not to continue with the Services at any time and for any reason.
10.3. Price review
CRONACADEMY may review its prices at any
time. Prices will be published on the web.
10.4. Refunds and apportionment
Under no circumstances shall the Licence Periods be apportioned and no amounts already paid
by the Client shall be refunded.
11. TERMINATION OF THE CONDITIONS
The Parties may terminate these
Conditions by notifying the other Party in writing at least thirty (30) days
before the start of the next Licence Period. In all
cases, said termination shall take effect once the Licence
Period in force at that time has ended.
In the case of free trials, notice of
termination shall be given in the form of notifications through the Services
indicating the number of remaining days of the free trial period.
Breach of the obligations entered into
by the Client by virtue of these Conditions, including among others, default, unauthorised payment or use of the Solution, software,
product or the Services of CRONACADEMY shall entail a material breach of the
present Conditions. CRONACADEMY may, at its own discretion, suspend or cancel the
username and password of the Client, account or use of the Services if the
Client breaches these Conditions.
11.1. Termination due to breach
Either Party may suspend the Services or
consider these Conditions terminated (i) if the other Party commits a
substantial breach of the present Conditions and fails to remedy the breach
within thirty days of receiving the written notification of the Party not
committing the breach, (ii) if the other Party ceases its business operations
or is subjected to insolvency procedures and such procedures are not dismissed
within ninety days or (iii) if the other Party commits a substantial breach of
these Conditions more than twice, without prejudice to remedying such breaches.
11.2. Termination effects
In the event of termination, (i) the
rights granted by one Party to the other shall cease with immediate effect
(except for rights granted by virtue of the conditions set out in Clause
10.1.), (ii) CRONACADEMY shall provide the Client with access to the Data and the
option of requesting the export of such data during a period of thirty (30)
days, based on the CRONACADEMY prices in force at that time for the applicable
Services, (iii) after that period of thirty (30) days following the termination
of the services, CRONACADEMY shall delete the Data under the terms set forth in
the Privacy Policy, (iv) each Party shall immediately take all reasonable steps
to return or destroy all other Confidential Information of the other Party, if
requested to do so, and (v) the Client shall not be released from its
obligation to pay the Amounts due and not paid to CRONACADEMY.
Furthermore, CRONACADEMY may cancel a free
account at any time, without notice, at its discretion.
12. REPRESENTATIONS, WARRANTIES AND LIMITATION OF
LIABILITY
12.1. Representations and warranties
Each Party declares it has the necessary
legal capacity to sign and accept these Conditions. The Parties undertake to
comply with all laws and regulations applicable to the provision or use of the
Services, as may apply. The Client undertakes to comply with all laws,
regulations and legal codes applicable or related to the use it makes of the
Services and that all the information furnished to CRONACADEMY is truthful and
precise.
12.2. Limited warranties
INSOFAR AS PERMITTED BY LAW, AND UNLESS
STATED OTHERWISE IN THESE CONDITIONS, NEITHER PARTY OFFERS ANY OTHER WARRANTY
WHATSOEVER, WHETHER IMPLICIT OR EXPLICIT, MANDATORY OR OF ANY OTHER TYPE,
INCLUDING AMONG OTHERS, WARRANTIES OF MARKETABILITY, ADEQUATENESS FOR A
SPECIFIC PURPOSE AND NON-INFRINGEMENT. CRONACADEMY DECLINES ALL RESPONSIBILITY
FOR THE CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES. THE CLIENT
ACKNOWLEDGES AND ACCCEPTS THAT EACH OF THE SERVICES MAY CONTAIN ERRORS, DEFECTS
AND OTHER PROBLEMS THAT COULD CAUSE A SYSTEM MALFUNCTION. CONSEQUENTLY, THE
SERVICES, INCLUDING THEIR ENTIRE CONTENT, SOFTWARE (AND ALL UPDATES OR
MODIFICATIONS TO THE SAME), FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
OR ACCESSED THROUGH THE SERVICES, AND ALL DOCUMENTATION ACCOMPANYING THE
SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THUS ALL USE MADE OF THE SAME
SHALL BE THE SOLE RESPONSIBILITY OF THE CLIENT. CRONACADEMY AND ITS LICENCE
PROVIDERS OFFER NO WARRANTY OF ANY KIND, WHETHER IMPLICIT OR EXPLICIT,
MANDATORY OR OF ANY OTHER TYPE, INCLUDING AMONG OTHERS, WARRANTIES OF
MARKETABILITY, ADEQUATENESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT. CRONACADEMY
ASSUMES NO LIABIITY ARISING FROM THE CORRECT USE OF THE SERVICES. CRONACADEMY AND
ITS LICENCE PROVIDERS ISSUE NO STATEMENTS RELATED TO ANY CONTENT OR INFORMATION
ACCESSIBLE THROUGH THE SERVICES. CRONACADEMY ISSUES NO DECLARATION THAT CRONACADEMY
OR ANY THIRD PARTY SHALL POST SERVICE UPDATES OR IMPROVEMENTS. CRONACADEMY DOES
NOT GUARANTEE THAT THE FUNCTIONS INCLUDED IN THE SERVICES WILL NOT BE
INTERRUPTED OR THAT THEY ARE ERROR-FREE.
12.3. Limitation of liability
CRONACADEMY AND ITS LICENCE PROVIDERS
ASSUME NO LIABILITY FOR DIRECT OR INDIRECT DAMAGES, INCLUDING AMONG OTHERS,
DAMAGES CAUSED BY INTERRUPTION OF USE, LOSS OF DATA OR THE PRESENCE OF
IMPRECISE OR DAMAGED DATA, LOSS OF PROFIT OR EXPENSES INCURRED IN SUPPLYING
REPLACEMENT GOODS OR SERVICES, WHATEVER THE CAUSE, INCLUDING AMONG OTHERS, USE,
INCORRRECT USE, INABILITY TO USE OR INTERRUPTED USE, OR ANY THEORETICAL
LIABILITY, INCLUDING AMONG OTHERS, CONTRACTS OR GRIEVANCES, REGARDLESS OF
WHETHER OR NOT CRONACADEMY WAS AWARE OF OR SHOULD HAVE BEEN WARNED OF THE
POSSIBILITY THAT SUCH DAMANGES COULD OCCUR, IRRESPECTIVE OF WHETHER A REMEDY
SPECIFIED IN THESE CONDITIONS WAS UNABLE TO FULFIL ITS ESSENTIAL PURPOSES; OR
ANY CLAIM ALLEGING DAMAGES DERIVED FROM ERRORS, NEGLIGENCE OR OTHER
IMPRECISIONS IN THE SERVICES OR THEIR PROPERTIES.
12.4. Limitation of indirect liability
NO PARTY SHALL BE RESPONSIBLE FOR
CONSEQUENTIAL DAMAGES, LOSS OF PROFIT OR INDIRECT DAMAGES.
12.5. Limitation of the liability amount
THE PARTIES AGREE TO LIMIT LIABILITY
ARISING FROM ANY DAMAGE OR BREACH ATTRIBUTABLE TO CRONACADEMY TO THE AMOUNT
EFFECTIVELY PAID BY THE CLIENT, AS SET FORTH IN THESE CONDITIONS, FOR A PERIOD
OF SIX (6) MONTHS BEFORE THE EVENT THAT GAVE RISE TO SAID LIABILITY. CRONACADEMY
GRANTS NO WARRANTY WHATSOEVER REGARDING THE USE OF SERVICES NOT SUBJECT TO
PAYMENT, OR DURING THE TRIAL PERIOD.
13. CRONACADEMY AS THE PROCESSOR OF THE “DATA”
The collection and processing of
personal data carried out through our Website and through providing the
Services is regulated by the terms of our Privacy Policy and Cookies Policy,
which are incorporated into the present Conditions.
CRONACADEMY is only responsible as regards
the processing of the Client contact and billing data.
In relation to the “Data”, for the
opportune effects, basic data protection information is given below:
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Data ProcessorCRONACADEMY SL
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Purpose of the ProcessingService provision management
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LegalbasisThe CRONACADEMY Solution allows Clients to process the “Data”; consequently, the legal basis permitting CRONACADEMY to process such data as the processor is the need to provide the Services in accordance with these General Conditions of Contract and Use (Art. 6.1 b) GDPR).
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RecipientsData may be assigned to other companies from the CRONACADEMY SL group, insofar as this is necessary to provide the Services and to comply with legal obligations. Data processors from outside the EU are used, in countries that offer adequate guarantees.
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RightsAccess, rectification and erasure of data, requesting data portability, objecting to processing and requesting processing restrictions.
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Additional informationAddition, detailed information on data protection can be consulted on our website https://cronacademy.com/privacy/en
14. TECHNICAL ASSISTANCE SERVICE
The Client and the Client administrator
may contact the technical assistance services provided by CRONACADEMY by sending
messages directly by email to: support@cronacademy.com, or by opening an
incident report in the CRONACADEMY support portal.
15. COMPENSATION
The Client shall compensate and hold CRONACADEMY
and its branches, subsidiaries, group companies, suppliers, directors,
shareholders, employees, collaborators and agents harmless in the event of any
third-party claim or demand related to (i) the Data, (ii) an infringement by
the Client of any intellectual and/or industrial property rights held by third
parties, or (iii) use of the Services by the Client or the User that infringes
the terms and conditions of use set out in these General Conditions.
The Client shall compensate CRONACADEMY
for claims arising from a breach derived from the combination of the Services
with any other product, service, hardware or business process.
Under no circumstances shall CRONACADEMY
be obliged or assume any obligation or responsibility whatsoever, as set out in
this section, arising from (i) use of the Services or trademark elements of CRONACADEMY,
modified or in combination with other materials not supplied by CRONACADEMY and
(ii) the content, information or data provided by the Client, CRONACADEMY, Users
or other third parties.
16. POSSIBLE INFRINGEMENTS
16.1. Repairs, replacements or
modification
If CRONACADEMY has a reasonable suspicion
that the Services infringe the intellectual and/or industrial property rights
of a third party, CRONACADEMY (a) shall obtain the authorisation
of use from the third party for the Client, at the cost of CRONACADEMY, so that
it can continue to use the Services, (b) shall provide an equivalent functional
replacement that does not infringe them or (c) shall modify the Services to
ensure the infringement is not repeated.
16.2. Suspension or termination
If CRONACADEMY considers that the above
options are not reasonable, it may suspend or terminate the use of the affected
Services. If CRONACADEMY terminates the affected Services, it shall provide a
refund in proportion to the non-accrued Amounts already paid by the Client
applicable to the period following the termination of that Service.
17. OTHER PROVISIONS
17.1. Modification
CRONACADEMY reserves the right to change
or modify any of the present Conditions and any policy governing the Services,
at any time, by posting the conditions on http://www.cronacademy.com or any
other URL provided by CRONACADEMY. The Client is responsible for regularly
consulting possible updates to the same. All changes or modifications made
shall be binding (i) if both Parties accept them in writing, (ii) if the Client
accepts the updating of the Conditions online or if, (iii) when CRONACADEMY has
updated those terms, the Client continues to use the Services.
17.2. Notifications
CRONACADEMY and the Client agree to notify
all incidents occurring during the term of the different services contracted,
preferably by email, as opposed to any other communication channel. The email
address of CRONACADEMY for such notifications shall be support@cronacademy.com
and that of the Client shall be the one provided in the Service registration
form posted on the Website. The Client undertakes to ensure this email address
is operative and to modify it in its private area if necessary, in order to
continue to receive the notifications. In any case, in the event of an urgent
problem or failure in the above notification, the notifications shall be made
by telephone, fax, post, courier or any other system appropriate for this
purpose. Notwithstanding the above, the preferred communication cannel shall be
email, and CRONACADEMY declines all liability arising due to failure to lack of
consultation or error in the email address provided by the Client. Each Party
shall be responsible for safeguarding and keeping copies of the notifications
sent.
17.3. Assignment
The Client shall not assign or transfer
its contractual position or the rights and obligations it has assumed by virtue
of these Conditions without the written consent of CRONACADEMY, and in all cases,
the following obligations shall be complied with: (a) the beneficiary must
accept the terms of the present Conditions in writing and (b) the Party making
the assignment shall continue to be responsible for the obligations it has
entered into by virtue of these Conditions before the assignment. Any other
assignment attempt shall be deemed fully null and void.
CRONACADEMY shall have the right to
provide the Services directly or through its subsidiaries, and the Client shall
accept the provision of those Services through these subsidiaries, as if they
had been provided by CRONACADEMY.
17.4. Force majeure
Neither Party shall be responsible for a
breach of the obligations set forth in these Conditions if it is due to a
circumstance beyond the reasonable control of the other Party, such as natural
disasters, acts of war or terrorism, riots, labour
conflicts, government actions or Internet malfunctions.
17.5. Validity term of the conditions
If any provision of these Conditions
were to be considered unenforceable, the other provisions shall continue to
apply.
17.6. Independence of the parties
The contractual Parties are independent
and these Conditions do not constitute a representation, association or joint
venture.
17.7. Applicable law
The present Conditions shall be governed
exclusively by Spanish law. The Parties agree that any dispute arising in
relation to these Conditions shall be settled exclusively through the courts of
Barcelona, Spain, unless any other system is imposed by law.
17.8. Amendments
All amendments shall be set out in
writing and shall expressly indicate that it is an amendment of the present
Conditions.
17.9. Entire agreement
These Conditions and all the documents
to which they make mention or reference constitute the entire agreement between
the Parties in relation to the subject matter thereof and replace all other
previous or existing agreements in relation to that subject matter.
17.10. Interpretation of conflicting
conditions
In the event of any conflict existing
between the Conditions and a previous version of the same, the provisions of
these Conditions shall take preference, unless indicated to the contrary.