2 December 2019

Terms of use

1. Legal notice

The owner of the website and platform is OUR DREAM SCHOOL, S.L. ("ODS", the "Company", or "we/us"), with Spanish tax number B-66974932, and address Calle Enrique Granados n. 7, 08007, Barcelona, entered in the Register of Companies of Barcelona, in Volume 45845, Sheet 115, Page B-500813, entry no. 1. The e-mail address at which the Company may be contacted is: support@learnlife.com.

Visitors. Our website (the "Website") is aimed at presenting our activities and our programmes, allowing visitors to contact us and register for our courses. In these website conditions (the “Website Conditions”), the term “Visitor” refers to a visitor of the Website.

On the Website, you can also access the Our Dream School Platform, the purpose of which is to offer a digital space for users to connect and collaborate in order to create together a new learning paradigm ("Platform"). "User" refers to a registered user of the Platform, who agrees to be bound by the Platform Terms of Service set out below.

The use of the Website and/or Platform by any Visitor and/or User implies fully accepting these Website Conditions, which include our Privacy Policy and the Cookie Policy. Users and Visitors undertake to use the Website and/or Platform in accordance with the provisions set out in these Terms.

Modifications. ODC reserves the right to modify, without prior notice, the design, presentation and/or configuration of the Website and/or Platform, and/or some or all of its services, and/or to add new services, as well as modify and update these Website Conditions. Any modification will take effect from the date of publication, and each use of the Platform after such publication will be subject to the new conditions, so we recommend you read them carefully. We will notify you of any changes in the Website Conditions, and subsequent use of the Platform entails your acceptance. We may contact you at any time, either through the Platform (for example by asking you to accept the changes before you continue to use the Platform) or via a separate email.

2. Events registration

Through our website you may register your interest to participate in activities organised by ODS. If you register, we will contact you and provide you further details. These activities are subject to specific prices indicated on the website and specific event documentation which shall be forwarded to you prior to your confirmation to participate in the event.

3. Intellectual property

The intellectual and industrial property rights in all the texts, images, and ways and methods of presenting and laying out the website pages as well as any method for processing data in the underlying technologies, belong to ODS or its licensors, and these elements are protected by applicable national and international law.

All rights reserved. You may not reproduce, distribute, distribute or use of the whole or part of the contents of the ODS Website and Platform (other than for your own internal browsing in accordance with the purposes of the Website and Platform) without our express written consent.

4. Data Protection

In accordance with the provisions of applicable law (EU General Data Protection Regulation and Spanish law on data protection) ODS informs Users that all personal data collected and processed by the company through access and use of the Platform and in communications with the Company will be processed by in accordance with our Privacy Policy which is incorporated into these Website Conditions by reference, and which is accepted by the User on registration. Please read it carefully.

5. Warranties and liability limitation

We use all commercially reasonable efforts to publish and provide the Website and Platform and their services and to correct any errors or unavailability. We do not guarantee that the Website or Platform is error free, and it may not always be working or available, due to maintenance, errors in connectivity or events of force majeure. Except as otherwise provided herein, and to the extent permitted by mandatory applicable law, the Website and Platform and their services are provided “AS IS” and with no warranty of satisfactory quality or fitness for purpose, and we do not give any commitment relating to the performance or availability of the Platform in these Website Conditions. ODS is not responsible for any third-party webpage which is accessible from the Website and/or the Platform.

6. Relationship with Visitors and Users

We intend to rely on these Website Conditions as setting out the written terms of our agreement with you for access and use of the Website and the provision of the Platform services. If any part of the conditions governing the Website or Platform cannot be enforced, then the remainder of the conditions will still apply to our relationship. If any provision of these Website Conditions or Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.

7. Disputes

If you have a dispute with us relating to the Website or Platform, in the first instance please contact us at support@learnlife.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.

8. Applicable law

The Website Conditions and Terms of Service, including our Privacy Policy and Cookie Policy, are governed by Spanish law. The magistrates and courts of the city of Barcelona shall be competent to decide any controversy that may arise between the User and ODS, unless mandatory law provides otherwise in favour of the User.

9. Contact, feedback and complaints

If you need to contact us in relation to these Website Conditions and Terms of Service, or any other document mentioned herein, please email us at support@learnlife.com.

We value hearing from our Visitors and Users and are always interested in learning about ways we can improve the Website and Platform. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

PLATFORM TERMS OF SERVICE

These Terms of Service apply specifically to registration and use of the ODS Platform. By indicating your interest and registering on the Platform, you agree to be bound by and comply with these Terms.

1. Users

In this Terms of Service (the "Terms"), the term " User" (or "you") refers to a user of our ODS Platform (the "Platform").

Users must be 16 or above in order to use the Platform.

2. Object and scope of our Platform services

These Terms regulate the access to, and use of, the Platform by Users. The purpose of the Platform is creating a digital space for users to connect and collaborate in order to create together a new learning paradigm.

This purpose and the features of the Platform may be changed, without prejudice to provisions of applicable law, such as privacy. You agree that a key characteristic of our Platform is that changes to the services will take place over time and this is an important basis on which we grant you access to the Platform. Once we have made changes to the Platform services, your continued use of the Platform services will show that you have accepted any changes to the Platform. You are always free to stop using the Platform services or deactivate your account in the settings feature of the Platform. We will try, where possible and reasonable, to contact you to let you know about any significant change to the Platform.

3. Registration

To have access to our Platform, all Users need to register. To complete the registration, each User must indicate his/her email address. Shortly thereafter the User will receive an email to the indicated email address to validate the registration process and the email address.

If the User does not validate the email address, he/she is not able to log-in.

The data provided during the registration must be true, updated, accurate and complete. Registration data will be processed according to our Privacy Policy.

Each User will be responsible for keeping his/her access credentials secret. They are personal and non-transferable, and the User accepts responsibility for any damages that may arise from their improper use, as well as from any assignment, disclosure or loss. In this regard, access to restricted areas and/or the use of the contents of the Platform made with the access credentials of a User will be deemed made by that User, who will be liable in all cases for this access and use. In the event of any risk of access and/or use of the credentials by unauthorised third parties, Users must immediately inform ODS which will promptly proceed to block the account and provide the User, where appropriate, with a new password.

4. Ending our relationship

If at any time you feel that you do not agree to these Terms, or to any changes made to the Terms or the Platform services, you must immediately stop using the Platform.

If you wish to end your use of the Platform, you may deactivate your account by sending an email to support@learnlife.com telling us you want to deactivate your account and we will deactivate it. If you deactivate your account, you will not be able to access the account or data previously stored in the account. For information on our retention of that data, please refer to our Privacy Policy.

We may immediately end your use of the Platform if you breach these Terms, including in particular the Rules of Acceptable Use below.

We may also close the Platform as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your Content.

If you or we end your use of the Platform, or we close the Platform as described in this section, we may delete or modify your content ("User Content"), account or any other information we hold about you. You will also lose any rights you have to use the Platform or access our content or your User Content. We will not offer you compensation for any losses.

The termination of your use of the Platform services and the cancellation of your account shall not affect any of your outstanding obligations to us, nor any confidentiality obligations regarding personal data or other confidential data shared through the Platform.

5. Your Content

ODS provides an independent Platform for Users to upload and share information and other content (learning experiences, a description of the User, a profile picture). You confirm that any image, text or information that you make available or create whilst using the Platform will comply with these Terms and in particular our Rules of Acceptable Use below. You authorise us to publish and redistribute your Content via our Platform services for the duration of copyright and on a worldwide basis.

6. Use of the Platform and Services

Your right to use the Platform and/or related services is personal to you and you are not allowed to give this right to another person or to sell or transfer your account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.

Unless allowed by these Terms of Service and as permitted by the functionality of the Platform, you agree:

not to copy any portion of our Platform;
not to give or sell or otherwise make available any portion of our Platform to anybody else;
not to change our Platform in any way;
not to look for or access the code of our Platform that we have not expressly published publicly for general use.

You agree that you have no rights in or to any portion of the Platform other than the right to use them in accordance with these Terms.

Rules of Acceptable Use: When using the Platform and our services you must not:

circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
give any false or misleading information or permit another person to use the Platform services under your name or on your behalf;
impersonate any person, or misrepresent your identity or affiliation with any person or give the impression you are linked to ODS, if this is not the case;
use the Platform other than for its intended purpose as set out in these Terms of Service or if we have suspended or banned you from using it;
send junk, spam or repetitive messages, advocate, promote or engage in any illegal or unlawful conduct (including fraud or the sale of counterfeit or stolen items) or conduct that causes damage or injury to any person or property;
modify, interfere, intercept, disrupt or hack the Platform or collect any data from the Platform other than in accordance with these Terms of Service;
misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform's own equipment;
submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, inaccurate or offensive;
submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties;
use any User Content in violation of any licensing terms specified by the owner;
submit or contribute any information or commentary about another person without that person's permission;
threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person, in particular any ODS staff member; or
use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Platform service in a manner that send more request messages to the Platform service than a human can reasonably produce in the same period of time.

Failure to comply with these rules constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal of your right to use our Platform;
immediate, temporary or permanent removal of any User Content;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The actions described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.

Any person may contact us by sending us an "Infringement Notice" if any content available through our Platform infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to support@learnlife.com. Please provide the information described below in the Infringement Notice:

your name and contact details;
a statement explaining in sufficient detail why you consider that the content available through our Platform infringes your rights or fails to comply with our Rules of Acceptable Use; and
a link to, or such other means of identifying, the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim respond to you within a reasonable period on the action we propose to take.

7. Liability

ODS assumes responsibility to its registered Users for direct damages suffered by them due to our negligence or willful default. Except as otherwise provided herein and to the extent permitted by mandatory applicable law, all indirect liabilities are excluded and neither Users nor ODS shall be liable for any loss of profits, data, interruption of business, loss of goodwill or damage to reputation, or any other indirect damage.

The Platform is an educational platform that promotes respect and kindness in interactions with other Users. The Acceptable Use Rules define the use that each User must make of the Platform with respect to the information provided that depends, uniquely and exclusively, on each User. ODS will not tolerate the posting of inappropriate content. If you consider that any content does not respect the Acceptable Use Rules or that violates current legislation, you can contact us through the email address you can find in paragraph 6, and we will examine the content reported to take additional measures, such as sending a warning to the author or suspending your account if the content violates our Terms.

In particular, we are not liable for any User Content posted on the Platform, except as provided by applicable law. We do not actively review or moderate this content, but we do check the Content periodically for compliance with our Rules of Acceptable Use.

8. Disputes

If you have a dispute with another person who has registered with our Platform in connection with the Platform services, we will provide reasonable assistance to resolve such disputes informally. For the avoidance of doubt, we are under no obligation to resolve such a dispute to the satisfaction of both parties.

9. Other

For all other matters, the general terms of the ODS Website apply.

Please contact us at support@learnlife.com for any questions about the Platform.