Terms of Service
These Subscriber TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Subscriber”) and TechClass Learning Programs (“TechClass”), regarding the terms under which TechClass will provide Subscriber with access to the Services.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Subscriber agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Subscriber. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
“Effective Date” – refers to the date that TechClass confirms Subscriber’s right to use the Online Learning Resources.
“Demo Access” – refers to a right to use the Online Learning Resources free of charge for evaluation purposes. Subscriber of Demo Access will be subject to these Terms of Service.
“Website” – means that portion of the TechClass Websites that are available for use by any person without the need to be registered as a Subscriber.
“Services” – means the Website and the Online Learning Resources.
“Subscriber” – refers to an individual/entity/organization/institution that has the right to access the Online Learning Resources via a Subscription Fee (“Paid Subscription”), Demo Access, or other basis. A Subscriber must be at least 16 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber resides (and if a minor, have the permission of a parent or legal guardian to access the Online Learning Resources), and possess the legal right and ability to enter into binding contracts. Furthermore, a Subscriber may be an ‘Individual’ or ‘Multi-User’ Subscriber as follows:
‘Individual Subscriber,’ refers to a Subscription by one individual only (“Individual Subscription”); or
a. “Authorized End Users”, refers to the Constituents of the Multi-User Subscriber. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is email@example.com; examples of generic identifiers include the following: firstname.lastname@example.org or email@example.com.
b. “Master Administrator” means the administrator designated by the Multi-User Subscriber who has reporting access and management tools and who may substitute Authorized End Users not to exceed the number of Maximum Seats.
Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Online Learning Resources or portions of it using Subscriber’s (or the Authorized End User’s) Authentication Information. Subscriber will notify TechClass immediately of any unauthorized access to, or use of, Authentication Information. TechClass has the right to disable any Subscriber or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in TechClass’ opinion, Subscriber and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.
“Subscription” – refers to a right to use the applicable portion of the Online Learning Resources as a Subscriber under a Paid Subscription, Demo Access, or other form of right and/or fee to access the Online Learning Resources.
“Subscription Term” – means the period of time that a Subscriber may utilize the applicable portion of the Online Learning Resources.
“Online Learning Resources” – means the Online Learning Platform and the entire set of contents, features and functionality (including but not limited to, all information, learning content, online courses, assessments, tests, quizzes, software, text, displays, images, video and audio, the design, and any documentation pertaining to the foregoing).
2. INFORMATION ABOUT TECHCLASS.
TechClass Learning Programs S.L. is a company registered in Spain with address at Rambla Iberia, 97, 08205, Sabadell.
TechClass US branch company is TechClass Learning Programs LLC with address at 14928 SW 89TH ST, MIAMI, FL 33196.
3. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sub-licenseable right to access that portion of the Online Learning Resources applicable to the Subscription type. By agreeing to grant such access, TechClass does not obligate itself to maintain the Online Learning Resources in its present form. TechClass may upgrade, modify, change or enhance the Online Learning Resources and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Online Learning Resources and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside TechClass’ control, in which case TechClass will explain the reason for the changes as soon as is reasonably practicable).
Subscriber agrees to abide by any rules or regulations that TechClass publishes with respect to conduct of Subscribers and other users of the Online Learning Resources, which rules and regulations are hereby incorporated into these Terms of Service by this reference. TechClass reserves the right to deny a Subscriber and/or an Authorized End User access to the Online Learning Resources if, in TechClass’ sole discretion, Subscriber and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
Subscriber accepts that TechClass in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
Subscriber promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Subscriptions) that:
3.1. Access privileges may not be transferred to any third-parties;
3.2. It will not access, store, distribute or transmit any Viruses of Malware;
3.3. It will comply with all applicable laws and regulations with respect to use of the Services;
3.4. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
3.5. It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
3.6. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
3.7. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Online Learning Resources or contained in the Services;
3.8. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
If you are a Multi-User Subscriber, you promise to obtain any and all consents required by law, including, but not limited to, (i) consent to transfer personally identifiable information of your Authorized End Users, if applicable, (ii) consent to compile reports as to usage of the Services by your Authorized End Users and provide such reports to you, and (iii) any other consents that may be required in order for us to provide the Services to you and your Authorized End Users. You promise to obtain necessary consents from all relevant bodies including Work Councils, from your Authorized End Users, from the parents or legal guardians of your Authorized End Users (where necessary), and from other applicable individuals.
4. AVAILABILITY OF WEBSITE AND ONLINE LEARNING RESOURCES.
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and the Online Learning Resources and accordingly, it shall not hold TechClass liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Online Learning Resources will not be available on a continual twenty-four hour basis due to such delays, or delays caused by TechClass’ upgrading, modification, or standard maintenance of the Online Learning Resources.
5. INTELLECTUAL PROPERTY RIGHTS.
The Online Learning Resources are owned by TechClass, its licensors or other providers of such material, and are protected by International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber or Authorized End User, and all rights not expressly granted herein, are reserved by TechClass.
TechClass name, TechClass logo, and all related names, logos, product and service names, designs and slogans are trademarks of TechClass or its affiliates or licensors. Subscriber may not use such marks without the prior written permission of TechClass. All other names, logos, product and service names, designs and slogans on the Online Learning Resources are the trademarks of their respective owners.
6. TECHCLASS OBLIGATIONS.
TechClass will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by TechClass, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to TechClass’ instructions, or modification or alteration of the Services by any party other than TechClass. If the Services are in non-conformance with the foregoing undertaking, TechClass will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.
7. FEES AND PAYMENT.
Subscription Fee. Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”). TechClass reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
Taxes. Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against TechClass.
Demo Access. If Subscriber receives a Demo Access, Subscriber shall not be required to make any payment or provide the Subscriber’s billing information.
Subscriber may subscribe to the Services for the applicable term of the specific Subscription commencing on the Effective Date (“Initial Term”). Thereafter, the Subscription will renew on the corresponding anniversary date (“Renewal Date”) according to the contracted term.
Termination. TechClass reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
Effect of Termination. Subscriber will have no further rights to access the Online Learning Resources. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
Individual Subscription Termination. Subscriber may cancel any Subscription for any reason during the fourteen (14) day period from the Effective Date by sending written notice to TechClass at firstname.lastname@example.org. If you do so, and with respect to any paying Subscription, TechClass may, but is not obligated to, charge you a proportionate amount of the Subscription Fee for the part of the Subscription that you have used.
Subscriber agrees to maintain the confidentiality of TechClass’ Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Online Learning Resources.
11. THIRD PARTY LINKS OR INFORMATION.
The Online Learning Resources may contain links to other websites that are not operated by or related to TechClass. TechClass is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on the Online Learning Resources does not imply approval or endorsement of the linked website by TechClass. A Subscriber that leaves the Online Learning Resources to access these third-party sites does so at its own risk.
12. DISCLAIMERS OF STATEMENTS/WARRANTIES.
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TECHCLASS NOR ANY PERSON ASSOCIATED WITH TECHCLASS MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TECHCLASS NOR ANYONE ASSOCIATED WITH TECHCLASS PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. TECHCLASS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY TECHCLASS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
13. LIMITATION OF LIABILITY.
TECHCLASS DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR TECHCLASS TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
SECTION 12 (B) APPLIES TO MULTI-USER SUBSCRIBERS:
IN NO EVENT SHALL TECHCLASS, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT TECHCLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND TECHCLASS’ ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY SUBSCRIBER TO TECHCLASS IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR (II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.
SECTION 12 (C) APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY:
IN NO EVENT WILL TECHCLASS, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Subscriber agrees to compensate and defend fully TechClass, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Except, for any provisions determining the primary contractual obligations of Subscriber and TechClass hereunder, TechClass has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.
Subscriber may not transfer these Terms of Service, in whole or in part. TechClass may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause TechClass irreparable damage, for which the award of damages would not be adequate compensation. Consequently, TechClass may seek an injunction to prevent Subscriber from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and TechClass may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which TechClass may be entitled at law or in equity.
19. GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of Spain, without regard to the principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be brought in courts of Barcelona (spain), and Subscriber expressly waives any objection to personal jurisdiction, venue or forum non conveniens.
Legal notices may be sent to email@example.com (if by email), or at TechClass Learning Programs S.L., Rambla Iberia, 97, 08205, Sabadell, Spain (if by conventional mail). Notices to Subscriber may be sent either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as part of its registration data.
In addition, TechClass may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Subscriber to the extent permitted by applicable law.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after TechClass posts a notice on TechClass Website.
21. FORCE MAJEURE.
TechClass will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond TechClass’ reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
The Subscriber and TechClass undertakes to comply with Regulation UE 2016/671 General of Protection of Data, dated April 27th, 2016 (“GDPR”), and the Spanish regulations developed by the GDPR as of its application date on May 25th, 2018.
For the purposes of this Agreement:
Personal Data: means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by Union or Member State Law, the controller or the specific criteria for its nomination may be provided for by Union or Member State Law (article 4.7 GDPR).
Data Processor: means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the controller. (article 4.8 GDPR).
To the extent that TechClass processes Subscriber’s Personal Data in the course of providing the Service TechClass will be the Subscriber’s Data Processor.
The Data Processor will process Personal Data on documented instructions of the Subscriber who, for the purposes of this Agreement, is the Data Controller. Therefore, TechClass, as Data Processor, will comply with the obligations set out in the GDPR, such as ensuring that persons authorized to process the personal data have committed themselves to confidentiality obligations, assisting the controller by appropriate technical and organizational measures, insofar as this is possible (taking into account the nature of the processing) and, at the choice of the Data Controller, delete or return all the Personal Data to the Controller after the end of the provision of the Service.
The Subscriber, as Data Controller, will process Personal Data according to the RGPD legal framework and act in compliance with the obligations set out in the GDPR, such as respond to requests for exercising the data subject’s rights making reasonable efforts to prevent data loss and unauthorized access.
The Subscriber agrees to indemnify, hold harmless and defend at its own expense TechClass against all costs, claims, damages, liabilities, fines or expenses incurred by the Subscriber or for which the Subscriber may become liable due to any failure by the Subscriber as Data Controller, or its employees, agents or other sub-contractors.
TechClass agrees to indemnify and hold harmless the Subscriber due to any failure by TechClass, as Data Processor to comply with any of its obligations under this Agreement. Such liability shall be limited to the maximum amount of the cost/fees of the Service.
23. NO THIRD-PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third-party beneficiary of these Terms of Service or any provision hereof.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
25. WAIVER AND AMENDMENT.
If TechClass fails to insist upon strict performance of Subscriber’s obligations under any of these terms and conditions, or if TechClass fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Subscriber from compliance with such obligations. No waiver by TechClass of any default will constitute a waiver of any subsequent default, and no waiver by TechClass of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Subscriber in writing.
26. GEOGRAPHIC RESTRICTIONS.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through the Online Learning Resources from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website or the Online Learning Resources may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any Service Functionality, Subscriber represents and warrants that it (and its Authorized End Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Online Learning Resources may be accessible worldwide. Accessing the Online Learning Resources from territories where their contents are illegal, is prohibited. Subscriber accesses the Online Learning Resources at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
27. COMPLETE UNDERSTANDING.