1.- Preliminary Information
These General Terms and Conditions govern the provision of educational and training services in business and finance (hereinafter, "Services") to Users by Manuel Sánchez Sánchez (hereinafter, "MS ACADEMY"), with ID number 48633523T, and professional address at Calle Serrano, 93, 3ºE, 28006, Madrid. For the purposes of these Terms and Conditions, a User (hereinafter, "User") shall be understood as any individual who hires the Services of MS Academy as a consumer, that is, with a purpose unrelated to their commercial, business, trade, or profession. Hereinafter, the User and MS ACADEMY will be referred to individually and indistinctly as "Party" and collectively as "Parties".
For any queries, you can contact the following email address: manuel@msanchez.es or call the phone number +34 618 072 943.
2.- Description of the Services
The provision of the Services regulated through these Terms and Conditions will be specified through:
(i) the organization of classes or training sessions (hereinafter, "Training Sessions") and (ii) making available to the User study content and materials (hereinafter, "Study Materials").
In addition to the above, as part of the Services, MS Academy will invest its best efforts in providing continuous support to the User in their learning process through the resolution of theoretical or practical questions that they may raise through the WhatsApp Group (hereinafter, the "WhatsApp Group") composed of a specialized teacher and each participant of the training sessions.
This WhatsApp Group will be created as soon as a group of students with similar knowledge and characteristics is formed for the holding of the training sessions and will serve to facilitate communication between the academy, the teacher responsible for learning, and the students of each group.
The duration of the Service provision period by MS Academy, as well as the course or program chosen for the User's training, will be agreed between the User and MS Academy at the beginning of the Service provision. However, these circumstances may be modified (for example, to extend or shorten the duration of the Services) at any time by agreement between the User and MS Academy.
2.1. Training Sessions
The training sessions will last 2 hours and will consist of a maximum of 4 people with conditions and knowledge similar to that of the User (hereinafter, "Group of Students"). Both the duration and the number of members of each session may be modified by mutual agreement between the User and MS Academy.
Unless otherwise agreed, the training sessions will be taught remotely through an online video call platform, and the access link to each session will be communicated in advance of its start through the WhatsApp Group. Furthermore, one class per week will be taught throughout the entire period of Service provision. However, this frequency may be subject to modification to increase or decrease at any time by agreement between the User and MS Academy.
2.2. Study Materials
MS ACADEMY makes available to the User a wide variety and quantity of Study Materials organized and suitable to favor the learning of the Users in the context of the chosen course or program. MS Academy grants the User a limited, non-exclusive, non-sublicensable, and revocable license to use, view, and download, where applicable, the Study Materials solely for personal and non-commercial purposes.
The use of the Contents and materials by the User will always be personal and non-transferable in accordance with the Terms and Conditions. The use of the Study Materials for a purpose other than the educational and training purpose intended by the User that MS Academy aims with its provision is expressly prohibited.
2.3. User Obligations
The User commits to act appropriately at all times in the context of the Service provision and will refrain from engaging in inappropriate behaviors, such as disturbing, hindering, or preventing the learning of other students of MS Academy.
MS ACADEMY reserves the right to exclude from the Training Sessions or interrupt the provision of Services to any User who does not respect the provisions of these Terms and Conditions or the applicable current legislation.
4.- Payment Methods
MS ACADEMY informs the User that, in exchange for each training session provided in the context of the Services, the User must pay MS Academy the corresponding fee in accordance with the rates approved for the current semester course that MS Academy will make available to the User.
Through this provision, the User is informed that the aforementioned rates will only be valid for the current semester, and may vary at the end of this period. In case there the fees change, MS Academy will provide the User with an information sheet with the applicable rates for each new semester before the start of it.
The payment of the fees can be made via bizum to the phone number that will be specified to the User, by bank transfer to the account that will be specified to the User, through Virtual POS or any other legal means that both parties agree upon.
5.- Returns and Refunds
The User is informed that, in accordance with article 103 m) of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and other complementary European legislation, the user will not have the right to withdraw from the Services nor to any type of refund once access to the Study Materials has been provided, any Training Session has been held, and/or the WhatsApp Group has been formed.
6.- Intellectual and Industrial Property
Thus, and pursuant to the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regulating, clarifying, and harmonizing the legal provisions in force on the matter (hereinafter, "Intellectual Property Law"), as well as in Law 17/2001, of December 7, on Brands and the complementary legislation on intellectual and industrial property, the total or partial reproduction, use, exploitation, transmission, adaptation, translation, distribution, public communication, including its modality of making available and marketing, of all or part of the contents or Study Materials, in any medium and by any technical means, when it was not strictly intended to fulfill the learning purpose of the User in the context of the provision of Services by MS Academy, is expressly prohibited, except with express authorization to the contrary granted in writing by MS ACADEMY and/or the third party holder of the Intellectual or Industrial Property right.
The User commits to respect the Intellectual and Industrial Property rights owned by MS ACADEMY and any third party that holds any right on this matter with respect to the materials and documentation made available to the User in the context of the Service provision.
7.- Liability and Guarantees
MS ACADEMY informs Users that all business, legal, or financial information, including, among others, texts, graphics, images, and other content in the materials provided or in the training sessions, is for informational and educational purposes only. As such, MS Academy does not guarantee the accuracy, truthfulness, usefulness, or suitability of the information provided in specific contexts different from those that are the subject of study.
Therefore, MS ACADEMY is not responsible for the decisions that the user makes based on the information provided or the contents accessed through the program regarding specific and particular situations and contexts that present conditions that have not been considered when presenting the content or information of the program. Furthermore, MS Academy informs users that its Services do not intend nor can replace the professional, legal, financial, or tax advice that the User may require in the context of a particular real situation. MS Academy invests its best efforts to keep the materials up to date at all times.
However, the subjects developed in the materials may be subject to unexpected and rapid changes. As such, it is possible that, exceptionally, MS Academy may provide access to materials with partially outdated aspects. In this case, the User must pay attention to the teacher's instructions to take this circumstance into account and know the relevant updates.
8.- Data Protection
MS ACADEMY respects the privacy of Users and will ensure that personal data is processed in accordance with current legislation. MS ACADEMY guarantees the security and confidentiality of the personal data provided by Users in compliance with Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR") and other applicable privacy legislation.
In this sense, MS Academy informs users that it will process the following categories of Users' personal data: Identification data: name and surname, and personal identification number (DNI, NIE, or passport number); Contact data: telephone number, postal address, and email address. These categories of personal data will be processed exclusively for the purpose of ensuring the provision of the services agreed upon in this contract and will be retained for the time necessary for the provision of the services described in this contract or for any other purpose associated with the execution of this contract.
After this period, MS Academy will proceed to delete these data or block them in accordance with applicable legislation. The legal basis for the processing of these personal data will be the execution of this contract, in accordance with the provisions of Article 6.1.b of the GDPR. The legal basis for including the User in the WhatsApp Group will be the consent provided by the User. Through this provision, the User is informed that by consenting to be added to the WhatsApp Group, the User consents that the rest of the classmates and their teacher may know the user's phone number, access their WhatsApp profile picture, and all personal information that they make public through this social network or the aforementioned group.
Through this provision, MS Academy informs the User that their data will not be communicated to third parties nor will they be subject to international transfers without the user's consent. Furthermore, Users are informed that MS Academy has mechanisms to ensure the exercise of their rights in accordance with the GDPR on privacy matters, namely, Access to their personal data; Request the rectification of inaccurate data; Request the deletion of their data; Request the limitation or restriction of the use of their personal data; Oppose the processing of their data; Exercise their right to be forgotten; Request the portability of their data. Users will also have the right not to be subject to decisions based solely on automated processing of data.
Users may exercise their rights regarding their personal data by sending an email to manuel@msanchez.es, or by sending a letter to the following address: Calle Serrano, 93, 3º E, Madrid, Spain.
Moreover, if they consider that their rights have not been adequately safeguarded, they have the right to file a complaint with the Spanish Data Protection Agency, whose contact details are: telephone numbers 900 293 183; postal address C/Jorge Juan 6, 28001 Madrid; electronic office https://sedeagpd.gob.es/sede-electronica-web/ and Request www.agpd.es
9.- Legislation and Applicable Jurisdiction
For the resolution of any discrepancy, question, or claim arising directly or indirectly from the interpretation or execution of these General Conditions, the parties submit to the jurisdiction of the Courts and Tribunals of the User's domicile.
Unless expressly provided by law otherwise, the Parties agree that the law according to which this contract will be interpreted will be Spanish law. In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters, MS ACADEMY informs you that, in the event of a dispute, Users residing in the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission, in order to try to resolve out-of-court any dispute arising from the provision of services by MS ACADEMY.
The User can access the "Online Dispute Resolution Platform" through the following link: http://ec.europa.eu/consumers/odr/
By checking the acceptance box of these Terms and Conditions, the User declares to have read and accept the content set forth in them without any reservation.