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Terms and Conditions

A. Legal Notice

 

CASTLEFLAME, responsible for the website (hereinafter the RESPONSIBLE PARTY or CASTLEFLAME), makes this document available to users, with which it intends to comply with the obligations set forth in Spanish Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), BOE No. 166, as well as to inform all website users about the conditions of use.

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

CASTLEFLAME reserves the right to modify any type of information that may appear on the website, without any obligation to pre-notify or inform users of such obligations, understanding that publication on CASTLEFLAME's website is sufficient.

 

1. Identification Data

Name: CASTLEFLAME
E-Mail: [email protected]

 

2. Intellectual and Industrial Property Rights

The website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, and/or graphics, are the property of the RESPONSIBLE PARTY or, if applicable, has an express license or authorization from the authors. All website contents are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registries.

Regardless of their intended purpose, the total or partial reproduction, use, exploitation, distribution, and commercialization requires in all cases prior written authorization from the RESPONSIBLE PARTY. Any unauthorized use is considered a serious violation of the author's intellectual or industrial property rights.

Designs, logos, text, and/or graphics not belonging to the RESPONSIBLE PARTY that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise regarding them. The RESPONSIBLE PARTY expressly authorizes third parties to redirect directly to the specific contents of the website, and in any case to redirect to the main website.

The RESPONSIBLE PARTY acknowledges the corresponding intellectual and industrial property rights in favor of their holders, with their mere mention or appearance on the website not implying the existence of any rights or responsibility over them, nor endorsement, sponsorship, or recommendation by the same.

To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as regarding any of the website's contents, you can do so through the email [email protected]

 

3. Disclaimer of Liabilities

The RESPONSIBLE PARTY is exempt from any type of liability derived from the information published on its website whenever this information has been manipulated or introduced by a third party unrelated to it.

Use of Cookies

This website may use technical cookies (small information files that the server sends to the computer of whoever accesses the page) to carry out certain functions that are considered essential for the correct operation and viewing of the site. The cookies used are, in any case, temporary, with the sole purpose of making navigation more efficient, and disappear when the user's session ends. In no case do these cookies provide personal data by themselves and are not used to collect such data.

Through the use of cookies, it is also possible for the server where the website is located to recognize the browser used by the user to make navigation easier, allowing, for example, access for users who have previously registered to areas, services, promotions, or contests reserved exclusively for them without having to register on each visit. They can also be used to measure audience, traffic parameters, monitor progress and number of entries, etc., being in these cases technically dispensable cookies, but beneficial for the user. This website will not install dispensable cookies without the user's prior consent.

The user has the possibility to configure their browser to be alerted of cookie reception and to prevent their installation on their computer. Please consult your browser's instructions to expand this information.

Links Policy

From the website, it is possible to be redirected to third-party website content. Since the RESPONSIBLE PARTY cannot always control the content introduced by third parties on their respective websites, it assumes no responsibility regarding such content. In any case, it will proceed to the immediate removal of any content that could contravene national or international legislation, morality, or public order, proceeding to the immediate removal of the redirection to said website, bringing to the attention of the competent authorities the content in question.

The RESPONSIBLE PARTY is not responsible for the information and content stored, including but not limited to forums, chats, blog generators, comments, social networks, or any other means that allow third parties to publish content independently on the RESPONSIBLE PARTY's website. However, and in compliance with the provisions of articles 11 and 16 of the LSSICE, it is made available to all users, authorities, and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, third-party rights, or morality and public order. In the event that the user considers there is content on the website that could be susceptible to this classification, please notify the website administrator immediately.

This website has been reviewed and tested to work correctly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the RESPONSIBLE PARTY does not rule out the possibility of programming errors, or that force majeure events, natural disasters, strikes, or similar circumstances may make it impossible to access the website.

IP Addresses

The website's servers can automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file duly registered that allows subsequent processing of the data to obtain only statistical measurements that allow knowing the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.

4. Applicable Law and Jurisdiction

For the resolution of all controversies or issues related to this website or the activities developed therein, Spanish legislation shall apply, to which the parties expressly submit themselves, with the Courts and Tribunals of MADRID, SPAIN being competent for the resolution of all conflicts derived from or related to its use.

B. General Terms of Sale


Seller Information

Name: CASTLEFLAME
E-Mail: [email protected]

Definitions

In these General Terms of Contract (hereinafter, the "Terms"), the following terms shall be understood according to what is detailed below:

  1. Contract: Any agreement between the Parties regarding the provision of CASTLEFLAME services (Including budgets or courses, or data processing agreements accepted by the client).
  2. Client: Any natural or legal person with whom CASTLEFLAME maintains or has maintained a service provision relationship.
  3. CASTLEFLAME: refers to the seller whose data is available at the beginning.
  4. Intellectual Property: Term under which all Intellectual Property rights relating to both the services provided and the website are encompassed, including trademarks and copyrights.
  5. Access Account: individual use account for each user with which the provided service is accessed.
  6. Order Confirmation: client's confirmation to sign a contract with CASTLEFLAME regarding the provision of a service.
  7. Platform: CASTLEFLAME's online learning environment that the User and Client access with an access account.
  8. Offer: any offer or promotion that CASTLEFLAME proposes to the client regarding the provision of services or products.
  9. Service: all services provided by CASTLEFLAME in its own name, as well as their management.
  10. User: Natural person who has an individual access account to any of the services or any other type of access not necessarily linked to an individual account.

Applicability

These Terms apply to any offer or contract, as well as to their execution.

The contracting by the Client/User of any service from CASTLEFLAME will entail the acceptance of these terms.

From the moment of acceptance, this will be binding for the Parties.

Payment Method

The prices and rates applicable to the contracting of services by the user will be those that appear on the website owned by CASTLEFLAME: www.castleflame.com, at the time when the user accesses the specific service and proceeds to initiate the contracting process.

CASTLEFLAME reserves the right to modify the prices of products published on the aforementioned website when deemed convenient and making it visible on the website.

The price of products appearing on the Website includes the corresponding Value Added Tax (VAT) according to the product.

Accepted payment methods will be:
Cards
VISA
MasterCard

Invoices will be sent by email. Invoiced amounts include applicable sales taxes and VAT in each case.

In the case of continuous service provision contracts, CASTLEFLAME shall have the right to adjust the rates, prices, and fees in force at the beginning of each new contractual period.

The obligation to pay fees will not be affected in any case by issues of service usage frequency.

Service Conditions

The use of services will be reserved for authorized Users.

The client must follow the instructions provided by CASTLEFLAME to successfully access the contracted services (for example, creating an individual access account).

It will not be permitted, under any circumstances, to share access accounts or services provided/contracted on an individual basis (for example, courses).

In case of detection of misuse of access accounts and/or frequent or prolonged infringement of the provisions of this article, CASTLEFLAME reserves the right to suspend or cancel the service provision, without prejudice to subsequent relevant claims for damages. In this case, the client will not be entitled to any compensation.

CASTLEFLAME does not offer guarantees regarding the operation of the online environment in the Client's and/or Users' networks and systems (computer).

CASTLEFLAME commits to providing services optimally at all times. Notwithstanding the above, in case of service interruption, this will not entitle the client to claim any right of refund or partial or total discount. Likewise, the client will also not have the right to claim compensation or request suspension of their payment obligations.

CASTLEFLAME reserves the right to modify the quantity and content of the service, or parts thereof, with the aim of improving its quality. In that case, the Client/User will not be entitled to any refund or discount.

Sales Conditions

Prices and texts published on www.castleflame.com are subject to variations without prior notice, including technical specifications. It is the client's obligation to verify the price of the service being contracted.

Despite there being no right of withdrawal in favor of the client as the products offered are reflected in the legally established exceptions, CASTLEFLAME may offer, as a commercial guarantee, a service trial period in favor of the Client. In case a Service has such commercial and additional guarantee, it will be duly indicated on the website and expressly referenced regarding the product in question.

The client will be responsible for informing themselves, in each case, of the existence or not of said trial period.

The User accepts these General Terms of Sale, which will remain accessible from the website.

In case of offers or promotions on products, they will have the validity specified in each case on the website. In case access places are exhausted before the end date of the offer or promotion, CASTLEFLAME will have no obligation to provide an additional or equivalent service under the same conditions.

The User may consult the essential characteristics of each product through its description on the website.

Rights and Obligations of the Parties

CASTLEFLAME's Obligations:

CASTLEFLAME commits to comply with the following contractual obligations derived from the commercial relationship with the User as a consequence of service contracting:

  • Provide the service requested by the User with maximum guarantees in accordance with the provisions in the contracting conditions, without failing contractual good faith.
  • Expressly inform the User of the existence of these conditions prior to the start of the contracting procedure.
  • Inform the User prior to contracting and in a concrete, clear, precise, and unequivocal manner of the specific characteristics of the requested services, such as their price and applicable taxes.

User's Obligations:

  • Carry out full compliance with what is established in these conditions of services provided by CASTLEFLAME.
  • Complete registration forms prior to the start of the contracting procedure with truthful and current information whenever required.
  • Correctly provide the banking details requested by CASTLEFLAME if necessary.
  • Pay the price of acquired products/services, without the presentation of a claim exempting them from this obligation.

The Client is responsible for the data provided to CASTLEFLAME. Likewise, they will also be responsible for the use made of the contracted service. In this sense, the client commits to using the service within the limits of the provisions of this Contract.

It is completely prohibited for the client/user to sell, make available, or commercialize the data and/or services contracted from CASTLEFLAME to third parties, in whole or in part, without CASTLEFLAME's prior permission.

Confidentiality and Intellectual Property

CASTLEFLAME commits to treating all data provided by the client within the framework of contracting confidentially.

Notwithstanding the above, information will not be considered confidential in the following cases:

1. If the information was previously known generally.
2. If prior written consent has been obtained from the interested party.
3. If there is an obligation to make it public as a consequence of judicial mandate or order.

All intellectual property rights over the service, platform, and complementary educational materials are the exclusive property of CASTLEFLAME and its licensors.

Nothing in these General Terms of Contract implies a transfer of intellectual property rights to the client and/or user.

The Client/user is not authorized to reproduce, transfer, and/or make available to third parties the content of the service provided by CASTLEFLAME in any manner, without prior written consent from the latter.

What is established in this article will remain in force even after contract termination.

Miscellaneous

The rights and obligations contained herein, as well as service provision and access to it, are transferable by CASTLEFLAME without requiring client consent.

CASTLEFLAME will notify the client in such case. The then holder party must respect and continue with CASTLEFLAME's rights and obligations.

The client is not authorized to transfer the contract and/or any of their rights and obligations to a third party without CASTLEFLAME's prior express consent.

In case it is determined that any of the conditions of this contract is null or inapplicable, the parties will make their best efforts to replace it with another that approaches as closely as possible the provision that must be replaced. The other provisions herein will remain in full force and effect.

 Jurisdiction

This contract is governed by Spanish legislation.

Any litigation concerning the services provided will be resolved through the courts and tribunals of Madrid, Spain in accordance with Spanish legislation.

CASTLEFLAME