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Terms & Conditions

Updated December 2023

TERMS AND CONDITIONS:
The purpose of these general conditions is to regulate the conditions applicable to the contracting processes carried out by the user (also referred to as "the client") of the memberships and online training consultancy offered by NODECHARTS, S.L. through its website: https://nodecharts.com.

These conditions will remain in force and will be valid for as long as they are accessible through the website, without prejudice to NODECHARTS, S.L. reserves the right to modify, without prior notice, the general conditions as well as any of the legal texts found on the website.

In any case, the access to the web after its modification, inclusion and/or substitution, implies the acceptance of the same on the part of the user. The client is subject to the general conditions, legal notice, privacy policy and cookies in force at each of the moments of the corresponding contracting process, which is not possible without prior acceptance of these general contracting conditions, legal notice, privacy policy and cookies.

The electronic contracting process through the web site: https://nodecharts.com will be carried out between the "Client" and "NODECHARTS, S.L.". Those consumers who are natural or legal persons, who register through the established form by filling in their name, surname, N.I.F., N.I.A., passport, N.R.T., ID, address, city, country, state, zip code, email and have made the corresponding payment to have access to the membership, will be considered as "Client" of the web site.

NODECHARTS, S.L, disclaims all liability in connection with the data provided by the customer, on the occasion of the recruitment of online memberships offered.

PRICE AND METHOD OF PAYMENT
The price and method of payment are those specified on the website. Payment can be made by credit card (Visa or Mastercard) following the payment methods offered on the website.

The payment process requires the completion of the membership registration form in which the contact and billing information will be collected (full name of the individual or legal entity, DNI or NIF, ID, contact email and address), choosing the desired payment method (monthly payment option or single annual payment).

Once the payment has been made by any of the chosen methods, an email will be sent to the client informing of the access to the membership, and an invoice will be sent by the same means within a maximum period of seven (7) days.

WITHDRAWAL RIGHTS
The membership subscription fee as well as the online educational consulting service is payable in advance and is non-refundable. Payment must be made via the approved payment methods as indicated on the website https://nodecharts.com.

PERSONAL DATA
By virtue of compliance with Llei 29 2021, del 28 d’octubre, qualificada de protecció de dades personals, the client is informed that the personal data contained in this contract and those provided during the business relationship will be processed by NODECHARTS, S.L., in order to carry out the management of the provision of services offered, and, where appropriate, the management of usability records in order to make profiles of user browsing habits, analysis of activity and recommendations for use that may be of interest to you as a user of the service. The client agrees that their data may be transferred to the entities necessary to carry out this management and to the public administration in the cases provided for by law.

The processing of the customer's personal data is legitimate in the execution of this contract and is essential for the provision of the service. The customer's data will be kept while maintaining its relationship with NODECHARTS, S.L. and during the periods established by the tax legislation.

The customer agrees, by checking the corresponding box, to receive, by email, sms or other means, information about products and services of NODECHARTS, S.L., which may be of interest. The customer may freely object to receiving information about these products and services, without this affecting the execution of the contract.

The exercise of the rights of access, rectification, deletion, opposition, portability and limitation of data processing can be submitted to the following address: Carrer Esteve Albert, Edifici La Roureda, Bloc A, 1R Pis, 2A Porta, Santa Coloma, Andorra La Vella, PRINCIPAT D'ANDORRA, indicating as reference "Exercise of LQPD rights". The Client may contact NODECHARTS, S.L. at the following e-mail address: [email protected]. In any situation, the customer has the right to file a complaint with the Agencia de Protecció de Dades d'Andorra (APDA).

On the other hand, both NODECHARTS, S.L. and its staff, properly trained in data protection, are obliged:

To keep the due confidentiality with respect to the data object of the provision of the service;

To implement the necessary security measures to: ensure the confidentiality, integrity, availability and resilience of processing systems and services; restore availability and access to personal data promptly in the event of a physical or technical incident; verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of processing; encrypt personal data;

To keep an updated record of the processing activities carried out by NODECHARTS, S.L, on behalf of its Clients;

To assist the Client before possible requests for the exercise of data protection rights (access, rectification, deletion, opposition, portability and limitation of data processing) by data subjects;

To notify the Customer as soon as possible of security breaches of the data under its responsibility, so that the Customer has sufficient time to inform, where appropriate, APDA or the data subjects;

To support the Client, where appropriate, in carrying out data protection impact assessments and in carrying out prior consultations with the supervisory authority;

To make available to the Client all information necessary to demonstrate compliance with its data protection obligations and to allow inspections or audits to be carried out by the Client or by an auditor authorized by the Client.

CONDITIONS OF USE
The conditions of use of the membership and the online training consultancy service may be indicated in the particular conditions and in the web access to the contents of the membership.

The user will abstain from using the services or products of NODECHARTS, S.L., with illicit or prohibited purposes or effects, harmful to the rights and interests of third parties. It also undertakes to use them correctly, diligently and in accordance with the law and these conditions.

NODECHARTS, S.L. reserves the right to adopt the measures it deems appropriate in the event that there are reasonable indications of fraudulent use.

INTELLECTUAL OR INDUSTRIAL PROPERTY
All the intellectual or industrial property rights of the products or services indicated in these conditions, source codes, graphic design, logos, texts, graphics, illustrations, photographs, texts, images, and other elements that appear, are owned by NODECHARTS, S.L., corresponding to it the exclusive exercise of the exploitation rights of the same, without it being understood that the access attributes any right on these.

NODECHARTS, S.L. reserves the rights of reproduction, modification, adaptation, public communication, maintenance, correction of errors, transfer, sale, rental, loan and any other intellectual or industrial property right that may correspond to any of the services or products described in these conditions.

Likewise, the client recognizes that the information to which he/she can access through the service may be protected by intellectual property rights, or of another nature, owned by NODECHARTS, S.L. or by third parties. NODECHARTS, S.L. shall not be liable under any circumstances and under any circumstances for infringements of such rights that may be committed by the customer through the service covered by this contract.

APPLICABLE LEGISLATION
All disputes or claims arising from the interpretation or execution of these conditions of use shall be governed by Andorran law. The parties submit to the jurisdiction of the Batllia d'Andorra, which is the court of first instance in civil, administrative and criminal jurisdictions, for the resolution of any disputes that may arise from their execution or interpretation.

SPECIFIC CONDITIONS FOR MEMBERSHIP VIA THE WEB
Purpose of the service
These conditions regulate the memberships and the online educational consultancy service provided through the NODECHARTS, S.L. web platform www.nodecharts.com.

Duration of the service, price and payment conditions
The duration of the membership, the contracted online training consultancy service and the specifications will be indicated in the order form and information attached to these conditions.

The price of the service is the one stated on the website, which will be invoiced once the amount has been paid, not including such price and being, therefore, at the expense of the CUSTOMER, the technology necessary for access to the application.

The CUSTOMER shall be responsible for the GENERAL INDIRECT TAX (IGI) or any other tax figure that may be levied on the provision of the contracted service.

Conditions, availability of the service and access to support
Once the contracting process has been completed and the conditions applicable to the contracted service have been accepted, the membership or consulting service will be activated for the user, which will be done by e-mail and within a maximum period of 48 hours.

If the customer has not received the activation within this period, he/she should contact NODECHARTS, S.L. at the e-mail address [email protected] in the manner provided in this Clause.

The customer acknowledges that the identification numbers and passwords assigned to him/her for access to such services are personal and non-transferable, being solely responsible for the consequences that may arise from the misuse, disclosure or loss thereof.

Likewise, the customer expressly agrees not to share the user ID and password with any other individual or legal entity. In the event of non-compliance with this prohibition, the customer shall be solely responsible for the acts carried out by the natural or legal person who makes unauthorised use of the user identifier.

The customer will have 1 month to access the free membership on the web platform; in the event of not accessing the free membership for two months, the customer will lose the right to access the free membership.

Registered Users must pay NODECHARTS, S.L. a monthly membership fee or the corresponding payment for the online training consultancy service, as established in the price description at the time of registration. NODECHARTS, S.L. reserves the right to increase its membership fees and online educational consulting services. NODECHARTS, S.L. will make every effort to provide prior notice of any price increase.

The membership fee is payable in advance and is non-refundable. Payment must be made through the approved payment methods as indicated on the website.

In case of providing recurring payment information for automatic debit of the subscription fee, the customer authorizes NODECHARTS, S.L. to debit his or her designated credit card at the time of registration (or when updating such information thereafter) on a recurring basis for Membership Fees.

By default, Nodecharts memberships create a subscription schedule based on the date the customer subscribes to a plan. For example, if a customer subscribes to a monthly plan on January 1, the first payment for the product is executed on January 1, the second payment will be executed on February 1 and will be renewed monthly.

In case of any incidence in the registration process, in the access to the Platform or to the contracted membership or in case of any doubt or functional or technical clarification that the User may need, he/she may contact NODECHARTS, S.L. by e-mail at the following address: [email protected]. This service covers all the resolution of functional incidents (doubts about the operation of the Platform, dates, documentation...), administrative (invoicing, certificates...) and technical (access problems, incidents with the Web Platform...) that may arise during the period covered by the contracted Product/Service.

The technical assistance service will be operational 8 hours a day, 5 days a week with the following schedule: from 9:00 to 14:00 and from 16:00 to 19:00 from Monday to Friday except national holidays. The request for assistance, as well as by email, can be made through the Client Area available in the main menu of the Web Platform as well as in the contracted membership itself.

Guarantee and responsibilities
NODECHARTS, S.L, shall not be liable for any operating errors or damages caused by the breach of the customer's own obligations, nor for the actions or omissions of the customer or third parties, as well as the direct or indirect consequences arising from the misuse of information or the platform, as well as having the appropriate technology according to the specifications of the system to ensure proper access to the service, access control by outsiders, virus prevention, and any other reasonable prevention measures.

NODECHARTS, S.L., will not be bound by commitments or promises made by persons outside the company, nor by erroneous expectations regarding the contents offered to the customer.

The non-fulfillment of obligations established in the present conditions shall not be imputable to the party if such non-fulfillment is due, despite the due diligence of the party, to causes of force majeure such as wars, revolutions, public disorders, strikes, natural disasters, fires or explosions and, in general, to any event, independent of the will of the parties, which meets the circumstances of unforeseeability, irresistibility and externality.

In the event that one of the parties is liable to the other party for the achievement of damages and/or losses of any kind under these conditions, it shall in no event be liable for indirect damages, loss of profits, loss of business, reputation in the market or other similar damages that it may cause to the other party.

Cookies technology
NODECHARTS, S.L, informs you and with the aim of complying with the prescriptions established in the Llei 29 2021, del 28 d'octubre, qualificada de protecció de dades personals, that our web environment, uses cookies to give technological support to our platform. Cookies make it possible to store and retrieve information, among other things, in order to facilitate user recognition and to be able to guarantee a suitable navigation.

In this application, analysis cookies may be used, which will allow us or third parties to quantify the number of users and thus perform the measurement and statistical analysis of the use made by users of the service. All this, in order to improve the application and operating environment where it is stored. The client may prevent cookies from being generated in their browser, configuring it in such a way as to disable the use of cookies. However, in this case, browsing may be somewhat slower and the general use of the application may be reduced.

Causes for termination
  • Termination of the service.
  • The non-payment of any amount by the client or the breach of any of the clauses established in the present conditions will give rise to automatic termination.
  • The falsity, in whole or in part, of the data supplied in the process of contracting any service.
  • Altering, circumventing, reverse engineering, decompiling, disassembling or altering in any way the security technology provided or included in the site: https://nodecharts.com.
  • In cases of abuse of the support services.
  • Any breach of the contractual conditions.

The resolution implies the loss of the rights on the service contracted by the client with NODECHARTS, S.L.

NODECHARTS, S.L. reserves the right to unilaterally terminate the contractual relationship, if after exhausting all possible means for its provision, the case of the justified impossibility of the service arises.

The Customer agrees that NODECHARTS, S.L. may without prior notice, terminate access to the Service and/or block future access to the Service if NODECHARTS, S.L. determines that the Customer has breached these Terms and Conditions, Legal Notice, Privacy and Cookie Policy or other agreements or guidelines that may be associated with the use of the Service. In the event of termination by NODECHARTS, S.L. for the above reason, there will be no refund of the Subscription Fee.

General provisions
The customer may not assign, transfer or sublet to any natural or legal person the rights and obligations that correspond to him/her by virtue of this contracted service, without the express written authorization of NODECHARTS, S.L., being void any act carried out without such authorization.

The client recognizes the intellectual and industrial property rights over the platform, contents, components, as well as over the documents that make up and integrate it.

The Client agrees that NODECHARTS, S.L. may use the Client's company logo royalty-free and without charge for marketing and advertising purposes, such as, but not limited to: placement on Nodecharts corporate website, transmission through Nodecharts social media channels, newsletters, advertisements, testimonials.

In the event that one or more of its clauses should become invalid, illegal or unenforceable under any rule of law, they shall be deemed ineffective to the extent applicable, but otherwise this contract shall remain valid.

The parties shall resolve any dispute arising from the execution, interpretation, performance or breach of this contract before the Batllia d'Andorra, which is the first instance jurisdiction and instruction in the civil, administrative and criminal jurisdictional areas.