Terms and Conditions
1. PURPOSE OF THE TERMS.
These general terms and conditions expressly govern the applicable conditions to the contracting processes carried out by “Customer” users of the online course offered by CALAMAR JURÁSICO S.L. through its website https://www.chessenigma.com/
These conditions will remain in force and be valid as long as they are accessible through the website, without prejudice to CALAMAR JURÁSICO S.L. reserves the right to modify, without prior notice, the general conditions as well as any of the legal texts found on said website. In any case, accessing the Website after its modification, inclusion, and/or replacement implies the user’s acceptance thereof.
The customer is subject to the general conditions in force at each of the moments of carrying out the corresponding contracting, and it is not possible to contract any service without the prior acceptance of these general contracting conditions.
2. PARTIES.
The electronic contracting process through the website https://www.chessenigma.com/ will be carried out between the “Customer” and “CALAMAR JURÁSICO S.L.”
“Customer” of the website will be considered those consumers who are individuals, who register by completing their details of name, surname, address, city, country, state, postal code, email, and password, and have made the corresponding payment to access the product.
3. RIGHT OF EXCLUSION.
CALAMAR JURÁSICO S.L. reserves the right to deny or withdraw access to the portal and/or the services offered without the need for prior notice, on its own or a third party’s behalf, to those users who fail to comply with these General Conditions.
4. ELECTRONIC CONTRACTING PROCESS OF CHESSENIGMA TRAININGS.
The customer can access from the following established web page.
The price of the product has a single payment option:
- A single payment of an established amount for each product (taxes included) that includes a single license.
You will be able to access the purchased courses for life as long as the platform continues its activity.
5. ECONOMIC CONDITIONS AND PAYMENT METHOD.
5.1 PAYMENT METHODS
6. AFFILIATE PROGRAM.
6.1 WHAT IS THE AFFILIATE PROGRAM?
CALAMAR JURÁSICO S.L. makes available to those it deems appropriate an affiliate program that has no other purpose than the dissemination and promotion of the product published on the Website in exchange for a commission for each sale made.
6.2 HOW TO OBTAIN SUCH CONDITION?
CALAMAR JURÁSICO S.L. will choose whoever it deems appropriate and relevant to obtain the status of an affiliate.
CALAMAR JURÁSICO S.L. will provide a link to the AFFILIATE to be able to identify this Website and the origin of payment in case a transaction is made using an AFFILIATE link, subject to the terms and conditions of the contract.
6.3 AFFILIATE COMMISSIONS AND PAYMENTS
For each sale made as a result of the affiliation program, a commission of the agreed percentage of the value of each generated transaction will be credited.
Commissions will be paid once the return period has ended, having the right to collect them when 100.00 euros per account are reached.
It is essential that to make the payment, the corresponding invoice is sent, all in order to respond to a legal obligation imposed by the regulations.
* Important note for affiliates.
It is strictly prohibited to use the personal license by a user other than the one it has been granted to; otherwise, they will lose the status of “Affiliate” from that moment, prohibiting entry to the restricted access area, reserving as many legal actions as may assist us in order to clarify responsibilities in the face of a possible crime against intellectual property punished with prison sentences by our Penal Code of up to 4 years.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY.
CALAMAR JURÁSICO S.L., by itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (for example, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by CALAMAR JURÁSICO S.L. or its licensors. All rights reserved.
Any use not previously authorized by CALAMAR JURÁSICO S.L., will be considered a serious breach of the author’s intellectual or industrial property rights.
The reproduction, distribution, and public communication, including its modality of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of CALAMAR JURÁSICO S.L., are expressly prohibited.
The CLIENT commits to respect the Intellectual and Industrial Property rights owned by CALAMAR JURÁSICO S.L. You can only view the elements of the website without the possibility of printing, copying, or storing them on the hard drive of your computer or any other physical support. The USER must refrain from deleting, altering, evading, or manipulating any protection device or security system that was installed on the pages of CALAMAR JURÁSICO S.L.
7.1 PROHIBITION OF SO-CALLED JOINT PURCHASES OR PIRACY
What are so-called joint purchases?
We are facing an illegal practice carried out by several people who group together to acquire a service or digital product in order to share the costs in the final price. In this case, it would consist of the payment by a single person for the product, but whose access would facilitate the rest of the people who have carried out this practice, accessing the product several people with the same password and email.
We remind you that it is strictly prohibited to share the license for use with more people, each license is personal and non-transferable, reserving as many civil and criminal actions as may assist us in order to safeguard our rights, all under warning of incurring a crime against intellectual property of art. 270 and subsequent articles of the Penal Code with prison sentences of up to 4 years.
7.2 CONSEQUENCES OF VIOLATING COPYRIGHT
Those users responsible for violations of copyright of the training, carrying out practices contrary to the regulations, such as conducting joint purchases, sharing licenses, access, resources, and/or videos of the training through links hosted on other platforms and/or uploaded to a cloud for download, as well as the creation of groups in applications to facilitate those videos, promoting this type of practices, will be immediately expelled from the training and the Facebook group without the right to any economic refund.
The detection of logging of multiple simultaneous sessions or from multiple IPs in distant geographical locations may be grounds for termination of access to any of our training programs, without the right of withdrawal or refund of the purchase.
8. RIGHT OF WITHDRAWAL/RETURN OF THE PURCHASE MADE
CHESSENIGMA PROGRAM
The “Customer” is granted the right of withdrawal (refund of the purchase) for the Chessenigma program within 15 natural days without any kind of commitment. After this time, the customer will lose their right to a refund.
OTHER TRAININGS
The “Customer” is recognized the right of withdrawal (refund) of the purchase made, for the ChessEnigma courses within 15 natural days without any kind of commitment as long as the customer has not completed more than 20% of the purchased course. After this time, the customer will lose their right to a refund.
MECHANISM TO EXERCISE THE RIGHT OF WITHDRAWAL
– The right of withdrawal of the CHESSENIGMA program and other trainings can be exercised through an email sent to [email protected], having to necessarily establish in the subject “return of (purchased product)”.
For this purpose, you can use the following template with all the data necessarily filled in:
Return of purchased product/service
Name and surname:____________
Contact email:______________
Contact phone (indicating the country code of the telephone operator):______________
User name on the platform: ______________
Purchased product:____________
Purchase date:______________
Reason for the return:______________
By means of this document, I request the return of the product/service mentioned above requesting a refund of the money.
8.1 CANCELLATION OF GUARANTEES
The violation of the contracting conditions set out in section 7 or in the rest of the contracting conditions set out on this page implies the immediate cancellation of the right of withdrawal or refund of the purchase made.
Any action that deliberately attempts to alter the results to maliciously take advantage of the guarantees will immediately void your request.
The prior use of any of our guarantees will imply the cancellation of the same in the event that the same user acquires the same product later in any of its editions. That is, it is only possible to make use of only one of these two guarantees, and only once for each product, regardless of the number of times it is purchased.
9. DISCLAIMER OF LIABILITY.
CALAMAR JURÁSICO S.L. cannot guarantee the technical continuity of the Website, the absence of failure or interruptions of service nor that the Website will be available or accessible one hundred percent of the time for reasons beyond the control of https://www.chessenigma.com/ or fortuitous causes and/or force majeure, viruses, computer attacks, and/or actions of third parties that cause the total or partial impossibility of providing the services as well as other unforeseeable causes such as the improper functioning of the internet.
9.1 DISCLAIMER OF LIABILITY FOR OUR PRODUCTS
This website is not part of the Facebook page or Facebook Inc. Additionally, this website is NOT endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc.
IMPORTANT: Earnings and Legal Warnings
Earnings and income made by CALAMAR JURÁSICO with VAT ID B16860652 and registered office at C/ RAIMUNDO FERNÁNDEZ VILLAVERDE Nº 40, 28003, Madrid, Spain, represent only a possible aspirational statement of your chess improvement.
The success of our training programs, testimonials, and other examples used does not implicitly guarantee the same results for you or others. The application of the methodologies explained in the programs, and therefore your results, will depend entirely on your ability, work ethic, skills and experience, your motivation, and the discipline you will put into applying the knowledge acquired by you in the program.
You are also responsible for the use and evaluation of our products and services. You agree that CHESSENIGMA Courses are not responsible in any way for the results of using our products and services.
10. PERSONAL DATA PROCESSING.
All information provided during the contracting process will be stored by CALAMAR JURÁSICO S.L. in its capacity as the data controller.
Likewise, unless the customer has shown their express opposition, the user expressly consents to the processing of their personal data to send information of interest, news, and offers about products and services through any means, including email.
To unsubscribe from commercial communication shipments, you can do so by sending an email to [email protected]
You can direct your communications and exercise the rights of access, rectification, cancellation, and opposition through postal mail —————–, or to the email: [email protected] along with valid proof in law, such as a photocopy of the D.N.I. or equivalent, indicating in the subject “DATA PROTECTION”.
11. CAUSES FOR DISSOLUTION OF THE CONTRACT.
The dissolution of the contract for services can occur at any time by either party.
You are not obligated to stay with CALAMAR JURÁSICO S.L. if you are not satisfied with our service.
CALAMAR JURÁSICO S.L. may terminate or suspend any and all Services contracted with CALAMAR JURÁSICO S.L. immediately, without prior notice or liability, in case you do not comply with the conditions set forth herein.
Upon dissolution of the contract, your right to use the Services will cease immediately.
The causes for dissolution of the contract include:
- The falsehood, in whole or in part, of the data provided in the process of contracting any service.
- Altering, bypassing, reverse engineering, decompiling, disassembling, or in any other way tampering with the security technology provided by CALAMAR JURÁSICO S.L.
- Also, cases of abuse of the support services by requiring more hours than those established in the contract.
- False and unfounded opinions with the intention of discrediting the owner of the products or services acquired.
- Any breach established throughout the conditions.
- The performance of practices contrary to the regulations, as provided in section 7.2 of these conditions.
The dissolution implies the loss of your rights over the contracted service, specifically the expulsion from the private group and the withdrawal of access to the training on the web platform without the right to any economic refund.
12.LANGUAGE.
13. APPLICABLE LEGISLATION AND JURISDICTION.
The relationship between CALAMAR JURÁSICO S.L. and the CLIENT shall be governed by the current Spanish regulations, and any controversy will be submitted to the Courts and tribunals of the city of Madrid unless the applicable Law provides otherwise.
You are also informed that there is a dispute resolution platform created by the European Union and signed by the Member States, you can use the following link http://ec.europa.eu/odr.
General Contracting Conditions revised on September 15, 2021.