I. LEGAL OWNERSHIP
The present terms regulate the use of the platform of on-line courses that can be assessed through the www.quadam.com domain, whose legal owner is the mercantile company:
Name: QUADAM INSTITUTE, S.L.
Registered office: Juan Herrera 14-16, bajos. 12004 Castellón (Spain) EUROPE
E-mail address: email@example.com
VAT number: B-65435521
Registration: Mercantile Register of Castellón in Volume 1653, Sheet 160, Page CS-33047
The QUADAM.COM platform is an environment for the management of distance learning through the Internet, which can be used by international users.
The services offered on the platform and the organisations that provide these services are detailed below:
QUADAM INSTITUTE, S.L.
- Maintains and updates the QUADAM.COM computer system.
- Administers storage of the resources that the users incorporate into QUADAM.COM.
- Is charged with providing the technical support that users need to use QUADAM.COM tools and functionalities.
- Maintains various web pages in the www.quadam.com domain that can be accessed by any Internet user and in which general information is provided on the characteristics of the courses delivered at QUADAM.COM.
- Administers payment of the registration price for the courses and issues a receipt of payment to the user.
- The Centres offering courses at QUADAM.COM may be: 1) formally established organisations such as academies, and training or educational centres; 2) organisations at which training constitutes a complementary activity to another, major activity; and 3) any legal or natural person that wishes to organise on-line courses.
- The Centres offering courses at QUADAM.COM are responsible for their organisation and administrative and academic management. In addition, they are also in charge of promoting the courses and are responsible for the veracity of the information that they supply on the course housed at QUADAM.COM, including the information published in the platform web pages.
- All teaching resources and materials included in the courses are supplied by the Centres.
- The Centres shall register at QUADAM.COM the teaching staff that will be delivering the on-line courses (Teachers/Instructors), who will be dealing directly with the student users while their courses are being taught. The Teachers/Instructors who deliver the courses depend in all aspects, including the economic aspect, directly on the Centres that organise the courses and not on QUADAM INSTITUTE, S.L.
- The Centres organise and deliver the courses and shall be responsible for the certifications, accreditations, or diplomas that the students earn on doing and passing their courses. The QUADAM.COM platform is equipped with functionalities that allow the student to be automatically evaluated. However, these functionalities must be supervised and controlled by both the Centre and the Teachers/Instructors who deliver the courses, and they shall inform QUADAM INSTITUTE, S.L., of any incident relating to student accreditations.
- The Centres shall be responsible for issuing the invoices of their course registrations to the student users that request these. The registration amount paid by the student at QUADAM.COM is the total amount of the invoice, including all taxes and fees. The Centre cannot ask the student user to pay any additional amount for issuing or sending the invoices.
IV. PLATFORM ACCESS
QUADAM.COM has a restricted access area for registered users and a public access area.
In the public area, which can be accessed by any Internet user, information is provided on the platform, on the Centres, and on the courses and their teachers. In addition, the public area also provides a verification service of the Certificates of Completion issued to the student users; the certificate verification pages are only available to those who know the exact URL (or its QR code), it being the student users themselves who decide whom to inform of its existence.
The public area also contains students’ opinions of their courses, and the opinions are published starting from the last week of the course. As a reference, the published opinion includes the course date, a shortened version of the student’s name (comprising the first word and initial of the second word in the name), the image in the student’s profile (unless the student decided to hide it when filling out the opinion) and the geographical area. The opinion consists of the following parts: 1) course rating from 1 to 5 stars (1 star being the lowest and 5 stars the highest rating); 2) the student can optionally provide a short opinion of the course; and 3) the student can optionally recommend the course. Finally, the student can suggest improvements for the course. This information is not included in the public part of quadam.com; however, it can be accessed by the Centre organizing the course. In no case shall the Centre organizing the course be able to delete or alter any opinion published by the students regarding their courses. The students shall not be able to alter their opinions. If a student wishes to delete his or her opinion, the student must get in touch with the quadam.com technical staff through the contact form.
• Student profile:
To access the private area of the platform as a student and be able to access the courses, it is necessary previously to register as a user and during registration, in addition to other information, to supply the user’s name and e-mail address. If necessary, the platform shall provide the user with a password, which shall be e-mailed to the user for the user to log in to the private area.
Users wishing to do so can display the following to other registered users: their photograph, the information that they decide to include in the section “My public profile”, the courses taken at QUADAM.COM and badges obtained in these, as well as links to external pages in social networks such as facebook, youtube, google+, linkedin, and Twitter.
It is forbidden to register and/or access the platform with a false identity or supplant the identity of another person.
Users undertake to provide true personal and professional information, it being recommended to use an actual recent photo.
The access credentials shall be for personal, non-transferable use, and each user shall watch over their proper use and keep this access information private.
Should the login and/or password be lost or forgotten, the user will need to use the available tools to recover the password and, if necessary, get in touch with QUADAM INSTITUTE, S.L., to solve the matter.
Invoices for the registration payments made need to be requested from the Centre that organises the courses. On each registration payment receipt it is explained how to request these invoices, and students need to supply the relevant fiscal details in the section “My account” to enable the invoices to be issued. The Centre will issue electronic invoices (unless otherwise requested during the invoice request process) and send them to the student’s e-mail address.
• Centre profile:
To access the QUADAM.COM platform as a Centre and be able to organise courses, a Services Performance Contract shall first be made with QUADAM INSTITUTE, S.L.
• Teacher/Instructor profile:
To access a course as Teacher/Instructor, the user shall first make an agreement or contract with a Centre registered at QUADAM.COM. Said agreement or contract shall include, among other details, the economic remuneration that the Teacher/Instructor will receive from the Centre and aspects relating to the exploitation rights of the intellectual property of the teaching contents. The Centre shall have the required authorisation to register the user as Teacher/Instructor of the Centre at QUADAM.COM, indicating the user’s name, e-mail address, and password to be used as Teacher/Instructor to access his or her courses. In addition, the Centre shall complete the Teacher/Instructor’s registration with other information supplied by him or her, such as a recent photograph, academic and C.V. details, image of the teacher’s signature for inclusion on the diplomas and certificates awarded to the student users that pass their courses. The Centre is also responsible for preventing access by its teachers or even for withdrawing one of the Centre’s Teachers/Instructors as a user. If a user wishes to teach for different Centres, the user shall use a different e-mail at each Centre.
• Editor profile:
The Editor is responsible for adapting the teaching contents supplied by a Teacher/Instructor to the interactive virtual learning environment provided by QUADAM.COM, in addition to incorporating them into the platform in an appropriate way during the on-line course preparation stage.
To access a course as Editor, the user shall previously make an agreement or contract with a Centre registered at QUADAM.COM. This agreement or contract shall include, among other details, the economic remuneration that the Editor will receive from the Centre and the aspects relating to the exploitation rights of the intellectual property of the teaching contents prepared by the Editor. The Centre shall register the user at QUADAM.COM as Centre Editor, indicating his or her name, e-mail address, and the password that the Editor shall use to access the courses that the Centre assigns him or her.
The Centre is also responsible for withdrawing a Centre Editor from QUADAM.COM. If a user wishes to be an Editor for several Centres, said user shall need to use a different e-mail at each Centre.
V. PLATFORM USE
IDENTITY OF THE USERS
The use of each created user corresponds to a natural person, and this person is responsible for the acts performed by said user on the platform, pursuant to the governing law.
COMPATIBLE HARDWARE AND SOFTWARE
To access the digital contents it is necessary to have a broadband Internet connection and a personal computer (PC) with updated versions no more than 3 years old of: 1) Microsoft Windows or Mac OS X operating system; 2) Mozilla Firefox web browser (Safari, Google Chrome, Opera, or Internet Explorer can also be used, though all QUADAM.COM platform functionalities are not guaranteed to be available); the browser must be compatible with html5, and the user will sometimes need to change browser in order to solve technical issues relating to the use of tools, functionalities, or content availability on QUADAM.COM; and 3) the free applications Adobe Reader, Adobe Flash Player, Quicktime player, a zip file decompression tool (such as Winzip), and an updated version of Java.
The digital contents of QUADAM.COM can be accessed from most mobile devices, though this availability is not guaranteed.
CUSTOMER ATTENTION SERVICE
The customer or user attention service on issues relating to the QUADAM.COM platform (such as problems of access or use) is provided by QUADAM INSTITUTE, S.L., through: 1) the on-line form entitled “Contact” available at the bottom of the www.quadam.com page; 2) the on-line form entitled “Support”, which can be accessed via a button on the page top bar when a user is logged in or identified; and 3) through the legal mailing address of QUADAM INSTITUTE, S.L.
The customer or user attention service for requesting information on the services provided or contracted by the Centres (such as the contents or teaching programme, accreditations, queries or administrative issues), and for making complaints and claims is provided by the CENTRE through the on-line form entitled “Contact with the Centre”, which can be accessed at the bottom of the Centre page at QUADAM.COM, as well as at the bottom of the page of all its on-line courses offered on the platform.
The platform includes various tools and functionalities that allow users to communicate among themselves. Users undertake to use these tools in accordance with the following rules:
- The user shall use proper and respectful language with his or her companions and shall not breach the socially accepted code of conduct and good manners.
- The user undertakes to make reasonable use of the tools for chats or forums on QUADAM.COM in the courses. The user shall publish no meaningless messages, nor start chats that are unrelated to course content, nor publish any messages just to increase the user’s ranking in the course, nor perform any other action that might be considered spamming in forums, such as starting numerous consecutive chats.
- The user undertakes not to make any comments that could be offensive, degrading, libellous, or slanderous to QUADAM INSTITUTE or third parties, counter to morality, public order, or the dignity of people, or that might in any other way be illicit or illegal or harm or prejudice QUADAM INSTITUTE, the CENTRES and their teachers, or third parties. QUADAM INSTITUTE reserves the right to immediately remove without prior notice any comments that in its view fail to meet the provisions laid down in this paragraph.
- It is forbidden to disseminate the content of the chats and communications generated, unless express consent is granted by all users that have participated in the chat
- The user shall not use the QUADAM platform to send communications for advertising or promotional purposes, except those authorised by Quadam Institute, S.L.
It is absolutely forbidden to publish any contents that contravene the laws in force in Spain.
The Centres guarantee the legal ownership of the copyrights, or have the relevant authorisations, licenses and/or legal exceptions for their use, with regard to all contents that each Centre supplies for students through QUADAM.COM, whether said contents be directly housed on the platform or displayed via the platform from other outside applications.
Student users shall not be able to manifest contents in the course that are not their own or for which they have no authorisation, license and/or legal exception for their use.
If any user observes any action that infringes the copyrights, said user shall acquaint QUADAM INSTITUTE, S.L., hereof, so that it can, if such is the case, remove the infringing content.
The user shall not use the platform to store personal content, saturate the servers with massive requests, or use it in any other way not usual in an on-line course.
VI. REGISTRATION PROCESS AND RIGHT OF ABANDONMENT
Students shall register on-line for the course by means of a form prepared to this effect on the course registration web page, where the user shall supply the necessary personal details, select the desired method of payment, and make payment.
The student can abandon the registration within a period of 14 days, starting from the registration payment date, provided the course has not yet begun. QUADAM INSTITUTE, S.L., shall then refund the user with the full amount paid for registration.
The supply of digital teaching content over the Internet, which constitutes an on-line course, begins on the day that the course starts, the user then losing the right to abandonment. However, QUADAM.COM offers a satisfaction guarantee period of seven days beginning on the starting date of every one of its courses, during which students shall be able to renounce their registration.
In both cases, right of abandonment or renouncement, QUADAM INSTITUTE, S.L., shall refund the user with the full amount paid for registration.
To exercise the right of course abandonment or renouncement, the student shall be able to communicate this to QUADAM INSTITUTE, S.L., by sending an e-mail to firstname.lastname@example.org with the following information:
- Date (this shall be the date the e-mail is sent)
- Message subject: Abandonment or renouncement of a course
- User name:
- User e-mail address:
- I hereby wish to inform you that I abandon my contract for the performance of the following service and request that the amount paid be refunded:
- Name of the Course:
- Course page Receipt no. or registration ID:
- Payment date:
- Amount paid:
In addition, QUADAM INSTITUTE sets at the disposal of student users a standard form available at www.quadam.com/downloads/bajacurso.pdf
The views expressed in the publications, messages, images, videos, and articles that can be accessed from QUADAM.COM belong to their respective authors.
QUADAM INSTITUTE, S.L., complies with the obligations laid down in the Act on information society services and e-commerce as service provider.
QUADAM INSTITUTE, S.L., does not display or control the contents, comments, materials, or activity in general of the students and Centres on the platform, so that QUADAM INSTITUTE, S.L., shall not be liable for any unlawful actions or uses that may be performed by users on the platform while it remains unacquainted with their unlawfulness.
Protection and safety measures have been put in place at QUADAM.COM, but they cannot ensure the absolute absence of viruses or harmful elements on the platform and, consequently, QUADAM INSTITUTE, S.L., is exonerated from any liability in this respect.
QUADAM INSTITUTE, S.L. is exempt from any liability arising from the installation or use of the applications " QUADAM TEACHER" and " QUADAM MOBILE" on mobile phones, tablets and any other devices.
QUADAM INSTITUTE, S.L., undertakes to make every effort to keep the platform continuously available for users without any interruptions, but it does not provide users with a service-level agreement (SLA). The student users, teachers, editors, and Centres shall not be able to claim any type of damages from QUADAM INSTITUTE, S.L., because of any interruptions and/or errors that might occur on the platform; nor for the temporary or permanent loss of digital content housed at QUADAM.COM, such as texts, images, videos, and external links, among others. Nor is QUADAM INSTITUTE, S.L., liable for the loss of any information provided by the platform, such as student rankings, verification pages of certificates of completion, and badges obtained, among others.
QUADAM INSTITUTE, S.L., accepts no liability that derives, or might be derived, from any use that users make of the information and contents accessible from QUADAM.COM.
Despite taking all the necessary precautions to provide up-to-date and accurate information at QUADAM.COM, QUADAM INSTITUTE, S.L., cannot assure that all information provided is updated, nor the absence of mistakes or omissions.
QUADAM INSTITUTE, S.L., reserves the right to temporarily suspend access to QUADAM.COM for reasons relating to upgrading, maintenance, or revision of the contents or the programming, as well as for any other reason.
QUADAM INSTITUTE, S.L., accepts no liability for the information and contents of whatever type that can be accessed from QUADAM.COM and that have been provided by its users (students, teachers, editors, or Centres).
VIII. DATA PROTECTION POLICY
To be able to use the platform, users must be older than 14 years of age or have their parents’ and/or legal guardians’ consent. QUADAM INSTITUTE, S.L., shall not be liable for the registration of minors younger than 14 years without said parental consent. QUADAM INSTITUTE, S.L., shall be able to get in touch at any time with a user for that user to demonstrate his or her real age and, where appropriate, the corresponding parental consent; should this not be done, the service shall be halted.
DATA COLLECTION, PURPOSE, CONSENT FOR DATA PROCESSING, AND SECURITY
Pursuant to the provisions of the Public General Act of Parliament 15/1999 on the Protection of Personal Data (LOPD), QUADAM INSTITUTE, S.L., informs users that the personal data collected on the www.quadam.com domain or sub-domain web pages are incorporated for processing into an automated file. These data are collected and processed for the purpose of performing the learning services provided on the QUADAM.COM platform and of informing the user of commercial promotions related to the learning.
QUADAM INSTITUTE, S.L., undertakes to comply with its obligation to secrecy with regard to the personal data supplied and to treat them with confidentiality and discretion, in accordance with governing law. To these effects, it shall put in place the necessary measures to prevent any alteration, loss, unauthorised access or processing. The files are legally registered at the Spanish Data Protection Agency (AEPD).
QUADAM INSTITUTE, S.L., accepts no liability for personal data processing on the web pages that the user can access via the different links on QUADAM.COM.
Personal data processing by Centres that are not established on European Union territory are subject to Spanish regulations with regard to personal data processing, by the use of means located on Spanish territory.
The right of access, rectification, and cancellation of the user’s personal data
Users are herewith informed that they may exercise their rights of access, rectification, cancellation, and opposition as laid down in article 5 LOPD, by writing to QUADAM INSTITUTE, S.L., at the address indicated in the heading, accompanying this by a photocopy of their ID card or passport, or by sending an e-mail to email@example.com, indicating the user’s full name, registration e-mail address, and password.
To enable the Centres organising the courses to perform their services, QUADAM INSTITUTE, S.L., needs to disclose the data of the users who register for a course to the Centre that is delivering this, so that the user, on registering for a course, consents to the disclosure of his or her data to enable the Centre to provide the user with the requested services, as well as, when the chosen Centre is located outside the European Economic Area, consenting to the international transfer of the data.
From the moment the user’s data are disclosed to a Centre to enable the user to take a course, the Centre incorporates the data into its files and becomes liable for the processing of these data, and it must comply with the obligations laid down in the regulations with regard to data protection.
Therefore, users can, at the Centre(s) at which they register for a course, exercise their rights of access, rectification, cancellation, and opposition as laid down in article 5 LOPD, via communication directly with the respective Centre.
IX. INDUSTRIAL AND INTELLECTUAL PROPERTY
"QUADAM” is a mark registered in the Community Trade Mark Register of the European Union with number 009280785 and in the United States Patent and Trademark Office register with number 4,221,984 by which any use of said mark or of any similar identifying sign that might lead to confusion by third parties with regard to its origin or legal ownership is expressly forbidden without the prior written consent of QUADAM INSTITUTE SL.
The website “www.quadam.com” is a domain registered by QUADAM INSTITUTE SL. This domain and the mark “QUADAM” cannot be used without the prior express written consent of QUADAM INSTITUTE SL, in connection with other Products or Services that do not belong to QUADAM INSTITUTE SL, in any way that might lead to confusion among our clients or disrepute of QUADAM INSTITUTE SL.
QUADAM.COM uses the original software created by QUADAM INSTITUTE, S.L., called “QUADAM CLOUD LMS”, which is continuously upgraded and updated. All exploitation rights of the platform as a whole, as well as of any of its individual elements, belong to QUADAM INSTITUTE, S.L., and are reserved.
“QUADAM TEACHER” in a software for iPad devices, the exclusive exploitation rights of which belong to QUADAM INSTITUTE, S.L., and which allows videos to be generated by the teachers/instructors registered at “QUADAM CLOUD LMS”.
“QUADAM MOBILE” is a software program for mobiles, the exclusive exploitation rights of which belong to QUADAM INSTITUTE, S.L., and which allows online courses to be conducted for users registered at QUADAM.COM .
QUADAM INSTITUTE SL holds all rights to the content, design and source code of the Website and, in particular, with a declarative but non-limitative character, to the photographs, images, texts, logos, designs, marks, trade names, and data included on the Website.
The blog located at "blog.quadam.com" has been created by using WordPress, software distributed under the GNU General Public License.
The total or partial reproduction of this Website, including by means of a hyperlink, or of any of its contents, is expressly forbidden, without the prior express written consent of QUADAM INSTITUTE SL.
Furthermore, copying, reproduction, adaptation, modification, distribution, marketing and sales, public disclosure and/or any other action that entails an infringement of currently applicable Spanish and/or international regulations with regard to intellectual and/or industrial property rights, as well as the use of any contents of the Website, are also totally forbidden, unless this is with the prior express written consent of QUADAM INSTITUTE SL.
QUADAM INSTITUTE SL states that it does not grant any licence or express or implicit consent to the intellectual and/or industrial property rights or to any other right or property related, directly or indirectly, to the contents included on the Website.
The use of the platform by users, independently of their assigned profile (student, teacher/instructor, editor, or Centre), shall respect the rights of QUADAM INSTITUTE, S.L. It is forbidden to use platform elements or course contents outside QUADAM.COM, even though such use is made free and not for commercial purposes. All elements included on the platform either belong to QUADAM INSTITUTE, S.L., or it legally owns the necessary rights for their use, so that all rights are reserved and they cannot be used, transformed, or exploited by users for other aims outside the platform without the owner’s consent.
The Centres guarantee that they legally own the copyrights or have the appropriate authorisations, licenses and/or legal exceptions for their use, with respect to all contents that they provide for students through QUADAM.COM, whether housed directly on the platform or displayed via the platform from other outside applications.
Students shall not be able to exhibit contents in the course that are not their own or for which they have no authorisation, license and/or legal exception for their use.
If any user observes any action that infringes the copyrights, said user shall inform QUADAM INSTITUTE, S.L., hereof so that it can, where appropriate, remove the infringing content.
X. COMMERCIAL COMMUNICATIONS
QUADAM INSTITUTE, S.L., and the Centre shall be able to send students promotional and informative e-communications on the learning sector and other sectors of their interest, as such being understood the topics of the different courses for which the students are registered.
The user consents to receiving these communications when he or she registers for a course. Should the user not wish to receive the promotional and informative communications sent from the QUADAM.COM platform, the user will need to renounce being a student user and, where appropriate, leave the course(s) that the user was attending, by communication to firstname.lastname@example.org.
XI. LOSS OF USER STATUS
The registered USER shall be able to renounce being such at QUADAM.COM, losing user status and the rights and information related to his or her account, freely and at any time, by just requesting this in writing at email@example.com indicating the user’s name, registration e-mail address, and password.
QUADAM INSTITUTE reserves the right to suspend and/or cancel the USER’s account at QUADAM.COM and/or the user’s access to any course, without prior notice and without this giving rise to any compensation.
The loss of USER status at QUADAM.COM does not exclude the application of these terms, which shall continue to be applicable to the issues or claims that might be made between QUADAM INSTITUTE and the USER, after this loss of user status has been requested.
XIII. JURISDICTION AND GOVERNING LAW
The parties involved agree that all controversy, conflict, discrepancy, issue, or claim resulting from the execution or interpretation of the present contract or relating to it, directly or indirectly, shall be definitively settled by arbitration at the Court of Arbitration of Castellón, to which are entrusted the administration of the arbitration and designation of the arbitrators in accordance with its Statute and Regulations.
Likewise, the parties expressly manifest their commitment to accept the arbitration decision that is issued.