Términos y condiciones

1. Introduction

Welcome to www.aprendible.com (“Website” or “Site”) an online web development learning service provider. The website is owned and operated by Mr Jorge Luis Garcia Coello with RUC: 1311832347001 (hereinafter referred to as “Aprendible”, “Company”, “We”, “Us” or “Our”). These Terms and Conditions constitute a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and the Company. Your access and use of our Website is governed by these Terms and Conditions and our Privacy Policy (collectively “Agreement”).

2. Summary Version

Here is a summary of some important provisions covered in these Terms and Conditions. Please note that this summary only covers what we think is important for you but if you wish to learn more, you should always read the full terms and conditions and privacy policy before entering into any transaction with our Company:

• You must be at least 18 years of age to access and use our Website;
• All your personal information is collected, processed and shared in accordance with our Privacy Policy, please carefully read our Privacy Policy before providing any personal information to us;
• You may cancel your subscription at any time but please note that all subscription payments are earned on the date of billing. We do not offer any full or partial refunds in the event you decide to cancel your subscription before the end of your billing cycle;
• All course content is delivered in the language specified on our website.

Detailed Terms and Conditions

3. Eligibility

You must be at least eighteen years of age to use our service and eligible to enter into legally binding Agreement. If you are under the age of eighteen years, your parent or legal guardian must enter into this Agreement on your behalf.

IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT ACCESS THIS SITE, CREATE AN ACCOUNT OR MAKE ANY PURCHASES THROUGH THE WEBSITE AND YOU MAY NOT UNDER ANY CIRCUMSTANCES SUBMIT YOUR PERSONAL INFORMATION THROUGH THE SITE.

BY CONTINUING TO USE THE WEBSITE YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM.

4. Aprendible Service

Aprendible offers on demand web development courses to users around the world. All courses are only delivered in the language specified on our website. Users are required to have access to the internet to make use of the Aprendible Service and any costs and effort associated with accessing the internet are solely for user’s own account. The Company will not be held liable for any data charges paid by any Users under any circumstances.

WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES, ACCORDINGLY, ANY DECISION TO USE THE APPRENDIBLE SERVICE WILL BE MADE BY USERS ENTIRELY AT THEIR OWN RISK.

5. Account Setup and Security

You may access free content on www.aprendible.com without having to register an account. If you wish to access premium content, you can easily do so by subscribing to one of the paid plans offered by us. The Company currently offers monthly and quarterly subscription plans for users to choose from. You can easily select your preferred plan and subscribe to access the service by providing all the requested information.

You agree that you will only provide accurate, current and complete information when requested. It is solely your responsibility to keep this information up to date in the event of any change in such information. We will treat your personal information in accordance with our Privacy Policy. Please take the time to review our privacy policy before subscribing for Aprendible.

If we discover that you provided us with incorrect or inaccurate information during your account registration, we reserve the right to decline your account request or delete your account. The Company offers all accounts at its sole discretion, and we may refuse registration of a customer account without providing any reason. As an account holder, it is solely your responsibility to protect your account username and password.

You accept that all activity under your account is your responsibility, whether or not you have authorised it and you will take all necessary steps for maintaining the confidentiality of your username and password.

6. Payment Policy

All our plans and accompanying subscription fees are listed on our Website. All subscription fees are specified in US Dollars. When you select and subscribe for a plan, you will be charged according to your selected plan when you first subscribe and every month, six months or year thereafter, on an automatically recurring basis until you choose to cancel your subscription.

All payments are processed by 2Checkout, our chosen payment gateway. We do not hold your credit card or billing information on our records and all financial information is collected and managed by 2Checkout. By subscribing to one of our paid plans, you further agree to abide by our payment processor’s terms and conditions as well as privacy policy. To familiarise yourself with 2Checkout’s legal policies, please visit the link provided here.

In the event we do not receive your subscription fee on the date it was due and payable, we will attempt to contact you at the contact information provided by you. We reserve the right to suspend or terminate your subscription until such time that we receive the full outstanding subscription fee. Please note that we will not be held responsible for any loss of income, lost opportunity or third-party claims arising out of or associated with cancellation or suspension of your Aprendible account where such suspension or cancellation was a result of non-payment of your subscription fee. It is solely your responsibility to ensure that your subscription fee is paid on time to avoid suspension of your account.

The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cancel your current plan.

7. Cancellation Policy

You may cancel your subscription anytime by accessing the account settings from your Aprendible account or alternatively contacting us via email at jorge@aprendible.com with the words “Cancellation” in the subject line. To avoid being billed for the next cycle we advise our Users to cancel their subscription before the end of their current billing cycle. Once you cancel your account, you will retain access to the paid course content until the end of your billing cycle. Once your account is terminated you will no longer able to login to your account using your username and password.

The Company reserves the right to terminate any User account and/or suspend access to the Aprendible Service under the following circumstances:

• A User having violated any provisions of this Agreement;
• A User’s conduct is harmful to the Company or any other Users; or
• The Company discontinues the Aprendible Service for any reason.

8. Refunds Policy

Subscription payments are deemed to be fully earned on the day your account is charged. We do not offer any partial refunds in the event you decide to cancel your subscription before the end of your billing cycle.

Where the Company decides to grant your refund request, such refund will be made to the same account from which the payment was received. The processing of refund payment may take time, please wait at least 15 days after your refund has been processed for the payment to appear in your account.

9. User Generated Content

Users may post questions, comments, ratings and reviews (“User Generated Content”) on the website. You understand that we are unable to guarantee any confidentiality of such User Generated Content.

By posting, submitting or transmitting any User Generated Content through the website, you hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty free, perpetual and irrevocable right to publish, transfer, display, perform, reproduce, distribute or otherwise exploit your User Generate Content.

You further represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the owner of such User Generated Content by your name, username, or email address where appropriate and/or required by law.

Where you send any feedback, suggestions and ideas to the Company, you represent and warrant to the Company that you have all the rights and title in such feedback, suggestion or idea to grant full legal rights to the Company. By submitting your feedback, suggestion or idea to the Company you agree to grant all rights in such feedback to the Company. You hereby authorize the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company you hereby waive any claims to monetary compensation from the Company or its assigns.

10. Limited License

Excluding the User Generated Content, all the text, graphics, audio, video, interactive features, code, marks, software and the like visible on the Website are owned by and/or licensed to the Company and subject to applicable trademark, copyright and other intellectual property rights, foreign laws and international conventions (“Company Content”). You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republishishing, disassembling, decompiling, reverse engineering or distributing any Company Content in any way unless expressly authorized by the Company in writing.

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement only grants you a limited, non-exclusive, non-transferable license to use the Aprendible Service for your personal and non-commercial use during your subscription period.

11. Copyright Infringement Disputes

We respect the intellectual property rights of others and do not condone any intellectual property law violation.

If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Service without your authorization, please contact us with the following information:

• Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;

• Description of the original content that is claimed to be have been infringed;

• Your contact information including your name, phone number and email address;

• A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.

• A statement by you that all information provided by you to us is accurate and complete;

Contact us

Email: jorge@aprendible.com

12. User Conduct

You understand and agree that:

• You will not use the Aprendible Service for conducting any unlawful, illegal or prohibited activity;

• You will not use our service for any commercial purpose without our express written consent, which we may withhold with or without reason;

• You will only use the Aprendible Service in accordance with your local applicable laws;

• You will not post or upload any on our website that is in violation of these terms or in contravention of any other laws;

• You will not post, share or promote any content or service that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.

• You will not breach any terms and conditions of Third Party applications or tools used by us to deliver the Aprendible Services to you;

• You will immediately notify the Company of any issues that you encounter during your use of our Service;

• You will not impersonate another User or use another User’s username and password to access the Aprendible Service;

• You will not post or upload any content that infringes the intellectual property rights of another person or entity;

• You will not modify, adapt, translate, or reverse engineer any portion of the Website;

• You will not use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data/information from any part of the Service;

• You will not reformat or frame any portion of the Website or Service without express written consent of the Company;

• You will not post or submit any content or material on any website, that falsely express or imply that such content or material is sponsored or endorsed by the Company;

• You will not transmit any viruses, trojan horses or other code of a destructive nature;

• You will not copy or store any content offered on the Website for other than your own personal use;

• You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

• You will not reproduce, distribute, display or make available any data, information or part of the website to any third-party without the express written consent of an authorized representative of the Company.

13. Modification

We reserve the right to amend any terms of this Agreement to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features as well as the right to discontinue the Aprendible Service in our sole discretion. Any amendments to the terms and/or plans/features on the website will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarise yourself of any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.

14. Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Aprendible Service with or without giving any prior notice to you to carry out: scheduled or unscheduled system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

15. Disclaimer of Warranties

ALL SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND. WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

16. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE APRENDIBLE SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY PLEASE CEASE USING OUR SERVICE IMMEDIATELY.

IF THE ABOVE LIMITATION OF LIABILITY PROVISION DOES NOT APPLY TO YOU, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR ASSOCIATED WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE ISSUE FIRST AROSE OR ONE HUNDRED US DOLLARS $100.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE APRENDIBLE SERVICES IN LOCATIONS OTHER THAN THOSE SPECIFIED ON THE WEBSITE OR IN LANGUAGES OTHER THAN THOSE STATED ON OUR WEBSITE.

17. Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) the violation of these Terms by you;

(ii) Your gross negligence or willful misconduct; or

(iii) the infringement by you, or any third party using your username and password, of any intellectual property or other right of any person or entity.

18. Governing Law

This Agreement shall be construed in accordance with the national laws of Ecuador.

19. No Class Action

All claims between you and the Company related to these Terms will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

20. Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

21. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. User shall not assign, transfer or in any other manner transfer any of User’s rights or obligations under these Terms to any third-party, without the express written consent of the Company.

22. Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.