Terms and Conditions

TERMS AND CONDITIONS

  1. Introduction

This contract binds the USER to the terms and conditions of use of the Software, the mobile application, the Services or any other offer on our website (hereinafter “Our Products”). By taking advantage of any ALLINNERS LLC product you accept these terms and conditions and the terms and conditions of the affiliates on this page http://besupergenius.com/program-di-affiliation/ , and you acknowledge your obligation to them . If you do not agree with any of the terms and conditions of this agreement, please press the “CANCEL” button and do not use any of our company’s products. The acceptance of any transaction by ALLINNERS LLC is expressly conditioned upon acceptance of all terms and conditions contained herein. In the event that these terms and conditions are considered as a binding offer, acceptance will be expressly limited to these terms and conditions.

  1. Additional conditions

Any personal information provided in relation to the use of the products of this web page will be subject to the privacy policy located at the following address:PRIVACY POLICY BESUPERGENIUS.COM , which remains incorporated into these terms and conditions by means of a reference expressed to it.

  1. General informations.

The products allow students (“Students”) to liaise with independent independent tutors (“Tutors”) who offer live or recorded lessons on our online private channels (“I Corsi”). Students and tutors collectively collect these effects as “Users”. The Products provide, without limitation , the facilitation and the content of the courses and support material, as well as the receipt of comments and comments from other Users.

The Company reserves the right to revise these terms and conditions at any time by publishing the changes on its website. These changes in the terms and conditions will be effective 30 days after their publication. The later use of the Products, following the change made in the terms and conditions will be understood as a new acceptance of the terms and conditions of the Products. The User must regularly visit our page to ensure that he is updated on the terms and conditions applicable according to the latest published version. No revision of these terms and conditions will be applicable to any dispute between the User and the Company arising prior to the revision.

The Company reserves the right to modify the products or suspend the availability of the service at any time.

The User is solely responsible for the services, telephone charges, data services or any other costs necessary for the acquisition and maintenance of the phones, computer hardware or any other instrument necessary for accessing and using the products of the ‘Enterprise.

Some Genius Marketing products are completely free, others pay. The use of some of our products may require the payment of certain rates. The use of our paid products implies therefore the acceptance of the payment obligation of such tariffs and all the taxes that correspond according to the law. If it provides bank card information to make the payment, this document declares and guarantees the authorization for the company to debit payments on a regular basis to cover the amounts due.

In the event that the payment method fails or the account has expired, the Company may obtain the fees due through other forms of payment, including legal or extra-legal action of the amounts due that may include additional costs for the User. In addition, the Company reserves the right to block the User’s access to any product of the Company until any procedure for claiming amounts due to the Company is resolved.

Any use, access and other activities related to the Company’s website and its products must comply with all applicable legislation in Spain, including in all cases the legislation on copyright and other intellectual and industrial property rights, the data protection law and the privacy rights of other Users or third parties. In relation to the use of the product and the web page the User undertakes not to provide false information, copy, distribute, modify or perform reverse engineering, damage, dissect, interfere or hack any of the Products or the operation of our web page . It is also forbidden to appropriate in any way the content of the web page or any of its products, to pretend another person or to access another person’s account without authorization, to introduce any type of virus or any type of code, archive or program is designed to damage or alter the normal functioning of the web page or any product.

Unless specifically stated otherwise in the particular conditions of the course, the courses are not suitable for particular lessons “one to one” to a single User. The courses are carried out online and neither the Tutor nor the Company have the obligation to respond to the questions of the Users or to provide a specific individual monitoring service.

  1. Disclaimer The web page is a social mediation network between Tutors and Students. The Company does not hire or employ the Tutors and is not responsible in any case for the interactions between both parties, ie the Tutors with their respective Clients. The Company is in no case responsible for any question, loss, damage or injury of any kind that may derive from the action of any Tutor offering services on the Company’s website, including any false information offered by the Tutor to present the own courses.

None of the Tutors is a company worker. In no case can the Company be considered to have a working relationship of any kind with any Tutor, unless there is an existing work contract in accordance with Spanish legislation and specific mention is made of this in the course offered. The Tutor can not in any case demand remuneration for the course uploaded or the works carried out beyond what is established in the price clause of these general conditions.

The Company does not under any circumstances control the Content (as defined below) loaded on the web page or processed by any User. Therefore the company does not guarantee the results of the course. By using the Products of the Company and its web page, the User accepts the possible exposure to inappropriate or offensive content. The acceptance of these terms and conditions presupposes the exclusion of any kind of responsibility on the part of the Company from the obligation to withdraw such contents according to the limits imposed by the applicable Spanish legislation.

The web page and the products can give access to third party web pages (third party web pages) directly or through the Tutor Courses. The Company does not endorse or promote any of these third-party web pages, nor does it control their operation or content. Therefore the Company assumes no responsibility for the access of the User to any of these third party pages. The Company recommends that its Users take the necessary precautions to determine whether access to a third-party page is inappropriate, as well as to take the necessary means to protect their personal information and privacy on such pages.

  1. Conduct.

The User will have access to the web page and the Products only for carrying out legal activities in compliance with the legislation in force in Spain. By accepting these terms and conditions, you agree not to use Company Products to recruit, request or contact the Tutors or potential Clients in any way with the aim of offering them a work contract or as independent collaborators.

Users and affiliates of Besupergenius.com represent our brand and we want them to maintain a good image, hence the need to maintain good behavior in social networks, avoiding issues such as violence, sex, racial segregation, cultural and / or religious, in particular and always acting defending the good name and reputation of the company.

The Company reserves the right to eliminate the service to any User whose conduct may imply a violation of the obligation contained in this clause.

  1. Specific obligations of the Tutors

If you are giving a course on our platform you are a Tutor and the following terms and conditions will apply to you. Therefore it undertakes and guarantees that:

  • The Tutor is subjected to the approval of the company to obtain this qualification.

  • The Tutor will be responsible for the entire contents elaborated and uploaded on the platform. By accessing the company’s website, the Tutor declares to possess all the licenses, rights, consents and permits to enable reproduction, distribution, communication to the public (including digital and audiovisual tools), to promote, to advertise, sell or otherwise make use of the content uploaded to the platform. The Tutor undertakes by using the platform not to use without permission of any third party intellectual or industrial property rights, nor to violate any third party intellectual or industrial property rights.

  • The Tutor declares to have the necessary qualifications, credentials, experience, including non-exclusive educational titles, training, knowledge and skills, to teach and offer the services of the Course through the platform.

  • The Tutor undertakes not to upload any form of content that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, unfair, illegal or defamatory.

  • The Tutor will not upload or write any type of promotional material or advertising not requested or authorized, such as junk email, spam, chain words, pyramid schemes or any other form of commercial or other application.

  • The Tutor will use the Products of the Company limited to the educational and training activity of the Students.

  • The Tutor undertakes not to carry out any activity that requires the Company to obtain a license, payment of royalties or regulations or any other type of remuneration or compensation for the use of works protected by intellectual property.

  • The Tutor undertakes not to distribute, communicate publicly, distribute, create derivative works or make commercial or non-commercial use of the Content of the Company, the Products or Courses or the material available on the platform, except as permitted by the terms and conditions or by express authorization in writing by the Tutor who uploaded the Content.

  • The Tutor will not disclose personal information on the Company page. The Tutor assumes the responsibility to control the disclosure of personal information, including using the most appropriate means for the protection of such information.

  • The Tutor will not request any personal information from any Tutor or User.  

7. Register.

For the use of certain products the User must register and have a User account. To create a user account, you are required to log in through your Facebook account which will be used to facilitate access to the site. The Facebook account linked to your user account on besupergenius.com must be a real account with the name and surname of the owner . When the User registers, the information provided to the Company during the procedure allows us to facilitate content, service to the consumer and management of contact networks. The User is responsible for maintaining the confidentiality of his account data, including access data to his Facebook account. The User undertakes to keep the information of the User account up-to-date and true. The User must immediately notify any unauthorized use of his account, any security error. Users are advised to make sure to log out at the end of the use of any Product. The Company will not be held responsible for any loss or damage caused by the non-notification of unauthorized access and use of your account without previous authorization by notifying us of the unauthorized access to the User account.

Each account is personal. Under no circumstances may you transfer your user account to any other person and may not use another person’s account without the permission of the user account holder and written approval from us. In the event that you have authorized or registered any other person, including a minor, to use your account, the Account holder is fully responsible for the conduct of that User, having the obligation to control access and use. of the Products of the Company, and assuming the consequences of any inappropriate or illegal use thereof.

Under no circumstances will the purchase and use of products be shared between two or more users on a single account. This will be the immediate cause of deleting the accounts of all the members involved.

8. Content, Licenses and Permits

Any software, technology, design, material, information, communication, text, graphic, link, digital art, animation, illustration, artwork, audio clips, video clips, photos, images, opinions and any other product that can be protected by copyright or copyright is considered as “Content” in these terms and conditions. When the Company provides the User of the “Content” together with the Products, including the Software and the Products, it is considered as “Company Content”. The content transmitted or uploaded to the platform or via the Contents is the “Content received”. The Content is owned by the person or entity that creates it and is protected without limitation by copyright and copyright laws. By accepting these terms and conditions the User guarantees to possess all the licenses, rights, consents and permits necessary for the use and exploitation of the “Content received” uploaded on the platform. The Company exempts itself from any kind of responsibility for the use and use of material protected by intellectual and industrial property rights.

By accepting these terms and conditions the User grants the company a non-exclusive license to reproduce, distribute, communicate publicly or, or promote, market or exploit any of the “Content received” on the platform or in the Products, as well as what the Company gives use license to other Tutors or Users directly or through third parties. In any case, the User has the right to withdraw totally or partially the content uploaded on the page at any time. The withdrawal of the content uploaded on the web page will terminate the license mentioned and the rights deriving from the same within 60 days from the withdrawal of the reported for new use. Any rights granted to Users before this time will be retained according to the rights assigned to these Users.

The Company grants the User a non-transferable, limited and non-exclusive license to access and use any content of the enterprise or received such that the User has paid the requested rates or fees. This access and use will be for personal use only, with non-commercial character and for educational and training purposes.Any other use without express written consent of the Company is strictly prohibited. The content of the Company and the content uploaded by other users is the subject of a license and not sold or transferred to the User’s property. The Tutors are prohibited from providing license to the content uploaded directly to the Users that have been accessed through the Company’s services. Any license provided directly by the Tutors to Users about the content uploaded on the Company’s page will be considered void.

The Company does not supervise the content received uploaded by Users. Any use of the Content uploaded by the User or by other Users is carried out under his responsibility and the Company will in no case be responsible for the same. The appearance of positive opinions and appreciations in the Content uploaded by Users should not be understood in any way as a type of certification by the Company. If you consider that some of the content uploaded by some Users violates certain rules according to current legislation or violates any intellectual or industrial property right, you must report this to the Company in accordance with the procedures established by the Company.

Any right not specifically conferred in these terms and conditions will be the exclusive property of its creators and / or owners and it must be understood that the loading on the page does not provide any kind of implicit license about the same.

9. Prices.

The Tutor will be solely responsible for determining the base price of coverage for this course, according to the terms established by the Tutor.

When the selling currency is different from the base currency, the Company will determine the selling price according to the most recent basic conversion type and the applicable cost adjustment factor.

Basic conversion type: Indicates the exchange type system for currency conversion. This system does not include any type of tariffs, taxes or percentages for the company. The type of exchange is set using various third party indicators such as the Open exchange rates and is set periodically to avoid daily fluctuations. The type of basic conversion may not be the same as that applied in the market at the time a conversion was submitted.

Cost adjustment factor: Refers to local taxes and other rates associated with currency conversion. In regions where there is a common currency (eg the EU), the cost factor of the adjustment uses an average proportional to the tax costs of the specific country, with the aim of ensuring that the same final price is offered to the final consumers in the whole area.

If you are a Student by accepting these terms and conditions, you agree to pay the price of the courses selected and authorized by the Company to cover these amounts with your credit card. The payment of the amounts due will be carried out on a monthly basis or through a single payment according to the characteristics of the course and the particular conditions that appear on the web page. If payment by credit card is refused, the Company may not offer the course it intends to follow.

The Company may at its discretion round up the selling price due to excess or defect. This rounding will be performed as a whole unit of the sales currency in which the product is offered.

The company’s platform will select the selling currency according to your geographical location. The currency of any transaction will always coincide with the sales currency that appears on the web page. It is not possible to change the currency that appears by default.

Each conversion of foreign currency is processed to a conversion type. This type typically refers to the amount of a currency to be paid to buy a certain amount of another currency at a specific time. For example if it costs  125 to buy € 100 the type of exchange of the US dollar to the euro will be € 1.25 and the type of exchange rate from the euro to the US dollar will be 0.8. The types of changes vary with time.

10. Trademarks

Trademarks, service marks and logos (the Trademarks) used and presented on the platform, in the products or in any content of the Company, are registered trademarks. The User must not alter or distort the marks or associate with them without the permission of the Company.

11. Exemption of responsibility for the guarantee of the courses.

The products, the platform, the content of the company, the content of the company, the content received and any other material made available to users on the platform or through the latter must be verified by the customer to consider their adequacy with respect to their interests and necessities. The company assumes no responsibility for any defects in the courses or errors of the tutors. The company does not guarantee in any case the quality or adequacy to the User of the Courses offered on the platform.

12. Limit of liability

The Company will not be held responsible in any way for possible contractual infractions or civil or any other liability arising from the negligence of any User and / or Tutor.

The User undertakes to indemnify, defend and maintain at the margin of all responsibility the Company, its collaborators, employees, directors, partners and legal representatives, of any loss, damage and prejudice and legal claims.

13. Cancellation

The Company may at any time cancel the use of the platform by a User in case of violation of any of these terms and conditions. The Company reserves the right to suspend the offer of any product, course or content at any time. The User has the right to terminate the use of the platform at any time, either by stopping access to the platform or by contacting the Company on support@besupergenius.com (If it is a Tutor the Students registered in the Course before cancellation will continue to have access during the scheduled duration of the course). Under no circumstances is the Company obliged to keep any material uploaded by the User beyond what is determined by the applicable legislation in force.

15. Refund of payments.

The student has the right to use the services during the period established in the conditions of bargaining specified on the web and in communications made via e-mail.

Once the course has started, no amount will be returned to the student for voluntary termination or when not sufficiently accredited due to force majeure.

The holder of the web will reimburse the students for the quantities paid within 14 natural days, in the following cases:

  • Course start delays for more than 15 days and provided that the pupil is not interested in continuing with the same.

  • When the course is canceled or canceled.

Refunds will be made upon presentation of the corresponding receipt, and once the origin of the return has been verified.

Unless otherwise agreed, the provisions concerning the right of renunciation will not be applicable to certain contracts such as daily newspaper, periodical publications and magazines, and others indicated in art. 45LCM. It can not be applied even to contracts for services already provided or whose presentation has already begun, unless otherwise agreed and the others who can not be reimbursed due to the nature of the object.

16. Electronic communications.

By accepting these terms and conditions the User agrees to receive all communications of the Company via electronic means.

17. Validity of the general conditions, applicable legislation and jurisdiction.

These terms and conditions of application constitute the global contract between the User and the Company and must prevail over any other possible oral or written agreement between both parties in relation to the use of the platform and the use of any of the products it can be accessed through it.

In the event that any clause of these terms and conditions is considered null, this clause must be deleted without affecting the validity of the rest of the terms and conditions contained herein.

Modification of any of these terms and conditions must be made in writing and accepted in an effective manner guaranteed by both parties. The failure of the company to implement any of the rights recognized in these terms and conditions shall in no case be understood as a waiver of the rights contained therein.

These terms and conditions will be governed by UAE law and subject to the jurisdiction of the UAE Courts.

Allinners LLC