LEGAL NOTICE

The website located at https://adhd-chess.com, including any of its subdomains or sections (hereinafter, the “Website”) is operated by Estudios y Métodos para la Enseñanza del Ajedrez, S.L.U. (hereinafter, “ADHD & Chess”), a company incorporated in Spain and registered in the Mercantile Registry of Madrid (Spain), Tomo 30138, folio 80, Inscripción 1, Hoja M-542470, con N.I.F. B86515038, and company address located at Bulgaria, 6, Madrid. You may contact ADHD & Chess by email to: info@adhd.chess.com.

These conditions (hereinafter, the “Conditions”) regulate the access, navigation and use of the Website by its users (hereinafter, the “User” or the “Users”, as appropriate).

1. UNAUTHORISED USE

Access to and use of the Website assumes that the User fully accepts and agrees to comply fully with these Terms.

The user is authorised to use the Website only in accordance with these Conditions and with the instructions, recommendations or conditions that ADHD & Chess indicate in each case.

Some of the services provided through the Web Site may be subject to payment of a price and specific conditions that complement or, if they were contrary to what is laid out, replace the contents of these Conditions, and must be accepted by the User before using the corresponding service. In particular, if the user uses the training or e-learging services ADHD & Chess offered through the Web Site, will be applicable Conditions of Service, with additional character to these Conditions.

Also, the application is Privacy Policy with respect to the collection and use of personal data.

ADHD & Chess reserves the right to modify at any time and without notice the contents of the Website, including these Conditions or any other conditions, for this reason we recommend reading each before accessing and browsing the Website, with the exception of those services related to the prescription of products or services offered on the Website, or other forms of collaboration in their promotion. In any case, these exceptions will be subject to the particular conditions applicable in each case.

The User agrees not to use the website for fraudulent or negligent activity or in order to violate the law purposes and not to carry out any behavior that may damage the image, interests and rights of ADHD & Chess any third party.

The User agrees not to do anything that may damage, disable or overburden, impair or impede the normal use of the Website, affect their safety, or to prevent in any way the normal use thereof. In particular, the User agrees not to impersonate another user or person while using the Web Site. Access by robots, scripts or any other device, program or tool to access, copy or monitor any part of the Website, without prior permission of ADHD & Chess, is prohibited.

2. RESPONSIBILITY

The User acknowledges and agrees that use of the Website is at all times their own risk and responsibility, so ADHD & Chess is not responsible for the misuse, abuse or use contrary to these Conditions that may be made of the Website.

The User shall be fully liable for damages arising to ADHD & Chess as a result of any use of the Website in breach of these Terms, and agrees to indemnify ADHD & Chess and its directors, employees, agents and representatives from any liability that may incurred as a result of the breach by the User.

ADHD & Chess does not guarantee the availability and continuity of the Website. If it is reasonably possible, ADHD & Chess will give prior notice of any interruption in the operation of the Web Site and the services offered through it. ADHD & Chess does not guarantee the use of the Website or services for a purpose or activity, nor its infallibility. To the extent permitted by applicable law, ADHD & Chess excludes all liability for damages of any kind that may be due to lack of availability or continuity in the operation of the Website and the Services.

ADHD & Chess is not responsible for damages that may result from, but not limited to, examples such as:

● Interruptions, viruses, breakdowns, interferences, omissions or disconnections from the electrical systems, communication systems or computer systems for reasons beyond ADHD & Chess’s control.

● Delays or unavailability of the use of the Website by deficiencies or overloads on the Internet, in lines or electrical or communications systems.

● Actions of third parties.

● The inability to access the Website for maintenance or updates.

● Any other circumstance beyond the control of ADHD & Chess.

All of the above provisions shall apply to the maximum extent permitted by applicable law.

All of the above provisions shall apply to the maximum extent permitted by the applicable law. The inclusion of links on the Website does not imply any connection, recommendation or supervision by ADHD & Chess with regards to the destination page and therefore ADHD & Chess accepts no responsibility for its contents, except as expressly provided for in applicable law.

3. INTELLECTUAL PROPERTY

All rights of intellectual property (including the sui generis rights in databases) on the Website, its graphic design and source code, as well as the different elements included in it (not limited to : texts, graphics, logos, logos, icons, buttons, pictures, videos, sound recordings, etc.) are owned by or licensed to ADHD & Chess.

The use of the Website by the User in no way implies, by itself, the assignment or licensing of any intellectual or industrial property of ADHD & Chess or its licensors.

Under these Terms, and except in those cases where it is expressly authorised, User reproduction, transformation, distribution, public communication, availability, extraction and / or reuse of the Website or any of its parts is expressly prohibited

4. OVERVIEW

The use of the Web Site is governed by Spanish law, unless any other applicable legislation is applied imperatively to the user.

In the event that any provision contained in these Terms is declared invalid, it will proceed to the removal or replacement of it. In any case, such invalidity shall not affect the validity of the remaining provisions in these Terms.

TERMS OF SERVICE

These conditions (hereinafter the “Conditions”) govern the provision of ADHD & Chess training and e-learning services, including the use of its platform (hereinafter, the “Services”) through the web site located at address http://www.ADHD & Chessmethod.com or any of its sections or sub-domains (hereinafter “website”).

Services are provided by Estudios y Métodos para la Enseñanza del Ajedrez, S.L.U. (hereinafter “ADHD & Chess”), mercantile company incorporated in Spain and registered in the Mercantile Registry of Madrid (Spain), Tomo 30138, folio 80, Inscripción 1, Hoja M-542470, con N.I.F. B86515038, and company address located at Bulgaria, 6, Madrid. You may contact ADHD & Chess by email to: info@adhd.chess.com.

Services are acquired by the parent or guardian (hereinafter, the “Tutor”), on behalf of one or more students (hereinafter the “Students”), and a guardian may also be appointed to monitor each student (hereinafter the “Secondary Tutor”). In the event that it is the student who directly contracts any of the services, the figure of the “Tutor” and “Student” will coincide for the purposes of these Conditions, and the term Tutor or student will be used, as appropriate to the context in each case.

In the event that there are special conditions or other specific rules for ADHD & Chess Services, those particular conditions or specific rules will prevail over these Terms to the extent that they are incompatible with each other.

In relation to the collection and use of the personal data of Tutors, Secondary Tutors and Students, applicable to Privacy Policy.

These conditions apply with additional character to terms of use of the Website.

By agreeing to the contract of Service, the Tutor or the Student has read, accepted, and submits to these conditions.

1. Subject to the Conditions

Through these services, students can improve their skills in specific subjects through exercises that will adapt to their performance. By hiring these services, the Tutor will establish the conditions for participation of each student in the curriculum and students can perform daily exercises through the platform on the Website. In addition, the Guardian, and if applicable the Secondary Tutor, can track the status of students within the curriculum. The Tutor may receive notifications will the frequency and by the means chosen by the Tutor within the available times, depending on the contracted services.

Services are provided in accordance with the information provided on the Website or otherwise by ADHD & Chess, and may be modified or deleted in whole or in part, at any time.

Unless otherwise stated, any amendment to the Services or any new service offered by ADHD & Chess in relation to them through the Web Site is subject to these Terms.

To use the Services, the Tutor, the Secondary Tutor and the Students must have access to Internet, pay the costs of such access, and be able to access the necessary equipment for this purpose. The Tutor is solely responsible for checking the functionalities of the Services, as well as the suitability for their needs, before undertaking the engagement.

2. Registration

To hire the Services, the Tutor must register themselves and any students who want to benefit from the Services.

The guardian must be an adult, but students may be minors. The Guardian states that they are legitimate and fully trained to represent the students and that they satisfy these conditions to register.

If desired, the Tutor can register a Secondary Tutor for the Student, who must also be an adult. The registration process will require the acceptance and agreement of the Secondary Tutor to these conditions.

The Tutor is committed to ensuring that all Students and Secondary Tutors affiliated with the account meet these conditions. The Tutor will be held responsible for all acts performed by Students and Secondary Tutors.

The Tutor or the Student agrees to provide all the information required for compulsory registration and to provide accurate, complete and current information about yourself, Students and Secondary Tutors. The Tutor guarantees the authenticity of all data communicated in the registry, including those for Students and Secondary Tutors. Similarly, it is the responsibility of the Tutor to keep this information updated in the appropriate manner. The Tutor is responsible for false or inaccurate information provided and any damage it may cause to ADHD & Chess. If the Tutor provides false information, or ADHD & Chess has reason to suspect that the data they have provided is false, outdated or incomplete, ADHD & Chess may suspend or terminate the registration and associated records of students and Secondary Tutors and provision of Services.

By registering, the Tutor, Secondary Tutor and Students agree to follow these rules:

● Where necessary, a valid email address must be provided. Keep in mind that these e-mail addresses will be used in case it is necessary to make any notifications to Tutors, Students or Secondary Tutors, as appropriate.

● Passwords must be confidential and not disclosed to others. Do not allow other users to access the personal account of the Tutor, Student or Secondary Tutor, nor should you use another user’s account.

● The Tutor, Student or Secondary Tutor are responsible for all actions from your account. If you suspect that another user is using your account or the account of any other user, you should notify ADHD & Chess immediately.

● ADHD & Chess may suspend or terminate the account of the Tutor, Student or Secondary Tutor if they have been deemed to have breached these conditions.

Once Tutor registration is complete, a confirmation screen will appear and a confirmation email sent to the relevant address. However, the account will not be active until the activation process outlined in the email is completed.

3. Use of Services

The Tutor, students and Secondary Tutors agree not to use the Service to perform or suggest activities prohibited by law or that may infringe third party rights.

The Tutor, Students and Secondary Tutors shall not interfere with the Services and, in particular, shall not impersonate another user or person.

4. Hiring of Services

Procedure for hiring of Services

When the Tutor wishes to hire these Services for a Students, the Tutor will register on the website, providing their personal data and stating a password.

Then, following the steps indicated by the Website, the Tutor must choose the desired contract option, payment period and payment method. Available discounts can also be applied.

Once you have completed the application form, we will send you a confirmation of contract summarising the details and the Tutor may agree by pressing the button to confirm the operaton. Next, the welcome screen will allow you to provide additional data to facilitate the provision of services.

Once the subscription has been finalised, the contract for the provision of the Services will remain in force and will be renewed automatically for successive periods subsequent to those covered by the first payment or previous payments, with ADHD & Chess being able to make the corresponding charges, until its cancellation by the Tutor in accordance with what is indicated below in the section “Cancellation of Services”.

Sometimes ADHD & Chess will provide Services on a trial or evaluative basis in order to facilitate decisions made by the Tutor as to assessing the appropriateness of the acquisition of the Services, in which case the liability will not apply in terms of indications provided for that purpose by ADHD & Chess.

Right of withdrawal

The Tutor has the right of withdrawal from the contracting of services within fourteen working days of the commencement of the contract. However, the Tutor expressly agrees that, since the object of these Conditions are services, attending to the provisions of that legislation, whether the implementation of the Services begins before exercise of withdrawal in the previous term, and may not exercise that right.

Documentation relating to transactions

ADHD & Chess will confirm, via email to the address provided by the Tutor on the record, the subscription to the Services made for any student and the terms of the same.

These Terms and any particular conditions applicable to the Services may be stored by the Tutor during the hiring process. ADHD & Chess also saves an electronic copy of the conditions applicable to the contract for each contract and for a minimum period of three (3) years.

Price and Payment Methods

Prices shown on the website for the Services or any part thereof (eg monitoring notifications and incidents) will be applicable at all times.

Unless otherwise specified in the particular conditions of hiring the services, the price will include VAT that may be applicable, if any, to such services.

ADHD & Chess reserves the right to modify at any time the prices applicable to the Services. Such modifications will be posted on the Website and users duly notified.

The price for the services can be paid by direct debit, credit card or PayPal, for which the tutor must provide the necessary information requested.

The Tutor ensures proper use of the method of payment accepted by ADHD & Chess, that all information transmitted is correct and up to date, and agrees to pay the full price, including taxes.

Cancellation of Services

The Tutor can request cancellation of the Services to one or more of the students at any time. To do this, the Tutor must complete and submit the application form available on the Website. This application will only be effective once it has been verified by ADHD & Chess, no later than seven (7) days after receipt.

The cancellation request does not affect the services that have already been contracted and paid for, which the Tutor will continue paying for until the end of the period already contracted, nor will advance payments be returned.

Similarly, the Tutor may cancel the Secondary Tutor’s access at any time.

5. Rights of the Services

The Tutor, the Students and the Secondary Tutors recognise that the elements and utilities within the Services, including its own content or content licensed to ADHD & Chess, are protected by legislation on intellectual and/or industrial property.
The Tutor, Students and Secondary Tutors acknowledge that the reproduction, modification, transformation, public communication or distribution, including but without limitation to, commercialisation, decompilation, disassembly, use of reverse engineering or other means to obtain the source code of the web site or applications available through the same means which the services are provided, constitutes an infringement of the rights of intellectual property, forcing them to therefore not take any of the actions aforementioned.

The Tutor, Students and Secondary Tutors agree to use the information and applications available through the Web Site solely for their own needs directly or indirectly and to not make any commercial use of these Services.
The Services may allow the Tutor, students and Secondary Tutors to upload content (“The Content”). All uploaded content is the sole responsibility of the person who created it and not ADHD & Chess. ADHD & Chess can modify or delete all or part of any Content that, in its view, violates these Terms or may be offensive, illegal or violate the rights of any third party. When they include Content, the Tutor, Student or Secondary Tutor grants ADHD & Chess the right to sublicense, on a non-exclusive worldwide scope, to use, reproduce, modify, transform, publish, distribute, delete or incorporate the content to the Website and the application through the which the Services are provided.

Subject to these conditions and payment of the established price for these Services, ADHD & Chess gives the Tutor, students and Secondary Tutors a nonexclusive, nontransferable licence to use the platform of the Web site only to receive the services and to the extent that they are entitled to receive them. Barring this licence, ADHD & Chess reserves all rights to intellectual property on the platform or other Services.

6. Responsibility of ADHD & Chess for the Services

Notwithstanding the limitations of liability set forth in the Terms of Use of the Website, ADHD & Chess does not guarantee the quality, accuracy, reliability, correctness or morality of the data, programs, information or opinions contained in the Website, the Services, or the platform through which they are accessed.

EXCEPT IN THE CASE OF TORTIOUS ACTION, AND THOSE PARTICULAR CIRCUMSTANCES THAT THE USER OR PURPOSE, RESULTING FROM APPLICATION AN IMPERATIVE LIABILITY REGIME, ADHD & Chess WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER BE GENERATED BY USER USING THE SERVICE.

The Tutor, Student or Secondary Tutor, where appropriate, agree to indemnify and protect ADHD & Chess and its subsidiaries, suppliers and their respective directors, shareholders, directors, employees, agents and representatives from any loss, liability, claim or damage including reasonable legal fees, resulting from, or arising related to the use, modification, misinterpretation or misuse by the Tutor, Student or Secondary Tutor of the Web Site, Services or its contents, including without limitation these conditions.

The Tutor, Student or Secondary Tutor, where appropriate, accept that ADHD & Chess may terminate your password, account (or any part thereof) or use of the Services, if ADHD & Chess believes you to have violated or acted contrary to the object or spirit of these Terms.

THE TUTOR, STUDENTS, AND SECONDARY TUTORS EXPRESSLY UNDERSTAND AND AGREE THAT:

● USE OF THE SERVICES IS AT YOUR OWN RISK.

● ADHD & Chess MAKES NO GUARANTEE THAT THE SERVICES WILL MEET THE REQUIREMENTS OF EACH USER; TO BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND THAT ANY ERRORS WILL BE CORRECTED.

7. Resolution

ADHD & Chess may unilaterally stop providing the Services to a Tutor, Student, Secondary Tutor or all.

In cases of termination of the Services to a Tutor, Student or Secondary Tutor, particularly when there has been a breach of the Terms or any provision that is applicable, it will suffice to mere communication. The Tutor agrees that ADHD & Chess will not incur any liability as a result of the decision in these terms, nor shall ADHD & Chess repay any amount paid in advance.

Additionally ADHD & Chess may, at any time without incurring any liability, vary the content of the Website, the Services or the platform from which they are rendered, discontinue providing any or all services, disable or delete all or some accounts and information of all or some of the Tutor without further limitations than those established by the applicable laws on the obligation to keep records of certain transactions during the relevant statutory deadlines.

8. Applicable Law

The conditions are subject to the Spanish Law, except for where due to the condition of the user any other regulation is imperatively applicable.