GENERAL TERMS AND CONDITIONS FOR TEACHERS
1.- Preliminary information
The present General Terms and Conditions of Use for Teachers (hereinafter, the “General Terms and Conditions”) shall govern the provision of training services that AGILE BRAND, S.L. (hereinafter, “WUEPS”) markets through its website https://www.wueps.com/ (hereinafter, the “Website”).
The details of WUEPS are as follows:
Company name: AGILE BRAND, S.L.
Address: Isabel Colbrand 10, Floor 5, Office 151. 151. Las Tablas, 28050, Madrid.
Tax Identification Number: B02713063
Telephone: +34 914 35 80 23
Whatsapp: +34 683 61 60 80
Contact email: firstname.lastname@example.org
2.- Acceptance of the General Conditions of Use and access to the Website
By using the services of the Website, the user accepts these General Conditions, which define the rights and obligations of the WUEPS Website. These are the only General Conditions applicable to the use of the Website (notwithstanding that for certain services there may be specific conditions) and the contracting of orders through the Website and replace any other conditions.
We call “Users” of the Website to any person registered or using the Website. Any person may register or use the Website provided that he/she accepts the General Terms and Conditions together with all other policies and principles governing the Platform as detailed below.
We call “Teachers” all those Users who, through the Website, register as such and intend to advertise sports training and teaching services. They will be in any case natural or legal persons engaged in the aforementioned sports education.
The Services provided on this Website are governed by: (I) these General Conditions; (II) Particular Conditions that may be published on the Website (III) the laws in force and applicable, sectorial regulations and general criteria and practices.
Access to the Website does not require User registration. However, in order to access any of the services offered by WUEPS, Users will be required to register as Teachers and the prior verification and acceptance by WUEPS, in accordance with these Conditions.
3.- Acceptance of the Particular Conditions
Access to certain contents and the use of the services may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these General Conditions and, in the event of contradiction, the terms of the special conditions will prevail over the General Conditions.
Before using, and/or requesting such specific services offered through the WUEPS Website, Users must carefully read the particular conditions created, as the case may be, for this purpose by WUEPS. The use, reservation and/or request of said specific services implies the acceptance of the General Conditions that regulate them in the version published by WUEPS at the time of said use, reservation and/or contracting through the Website.
This Website has been developed by WUEPS, which is a fitness community and brand whose objective is to put sports professionals in contact with potential students. WUEPS facilitates learning and sports practice online and/or in person through the community of teachers. Any accredited and qualified teacher can promote their services for free in WUEPS (hereinafter, the “Services”).
5.- User Account.
The Website offers Users the possibility to create an account and register as Teachers and to be able to use the WUEPS Website.
Teachers shall have full responsibility for the use of their Teacher account. Consequently, the Teachers are responsible for the proper custody and confidentiality of the Username and/or passwords, as well as all data that allow access to their account, and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties.
By virtue of the foregoing, the Teachers must immediately notify WUEPS by e-mail of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorized access thereto, so that WUEPS may proceed to their cancellation or blocking and/or disabling as soon as it becomes aware of the improper use of their User Account. As long as such facts are not communicated, WUEPS will be exempt from any liability that may arise from the misuse of the Usernames or passwords by unauthorized third parties.
6.- Use of the Website
The Teachers undertake to make a lawful, diligent, honest and correct use of any information or content they have access to through the Website and all of this under the principles of good faith and respecting at all times the law in force and these General Conditions.
WUEPS reserves the right to terminate the membership of those Teachers who are misusing their account, carrying out fraudulent acts or who damage or could damage WUEPS.
In the event that WUEPS detects any anomaly or there are reasonable grounds that a User is carrying out any fraudulent acts that contravene good faith and these General Conditions, WUEPS reserves the right to terminate the User, including all those Users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may apply. In this sense, WUEPS declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter the general conditions of use of the account by users.
7.- Provision of the Services by WUEPS
WUEPS is a platform (hereinafter, the “Platform”) that puts in contact and serves as an advertiser of Teachers for the practice of fitness, yoga, pilates, CrossFit or similar.
WUEPS therefore carries out a promotion of the sports activity of the Teacher through the Platform and its social networks.
In this way, WUEPS acts as a mere intermediary between the Teachers and the Students giving the possibility for the Teachers to publish the advertisements (hereinafter, the “Ads”) necessary for the promotion of their classes.
Due to its character of advertiser, in no case WUEPS will be able to guarantee the payment of the services by the Students to the Teachers. Likewise, neither can it guarantee the availability of the Teachers’ schedules nor their service rates.
8.- Prices and form of payment
The publication of Ads by the Teachers in WUEPS will not have any cost for them. They will be able to promote their classes and services free of charge. It is not an exclusive Platform nor with permanence nor any type of commission will be charged by WUEPS.
Only, the Teachers will have to promote the WUEPS Platform on their part. To do so, they will offer their Students a discount code on the WUEPS Website for the purchase of products on the same.
9.- Obligations of the Teachers
The Teachers undertake to comply with the provisions of these General Conditions, and specifically with the following obligations:
- The Teachers assign to WUEPS the intellectual property and image rights of all those images and videos made by them and provided to WUEPS without time limit so that they can be exploited on the Website and in the corresponding Social Networks in which WUEPS participates.
- The Teachers shall provide the first class to the Students free of charge and at no cost.
- They shall promote WUEPS, as well as their products on social networks (Instagram, Facebook or Twitter) at least once a week.
- In order to promote themselves and include Ads in WUEPS, the Teachers must have the necessary qualifications for teaching the corresponding sport discipline.
- They may not cancel scheduled classes with Students, except in cases of force majeure.
- They may not defame WUEPS or misuse the brand.
- Teachers agree to be completely transparent about their training and references.
- Teachers must reply to a class request within 48 hours. Failure to do so may result in the suspension of the Teacher’s advertisement by WUEPS.
10.- Information on WUEPS Class Announcements
The Teachers will publish on WUEPS the Announcements about their classes, free of charge and provided that the obligations set out in these General Terms and Conditions are fulfilled.
WUEPS makes every effort to control the quality and accuracy of the information contained in the description of the Ads, the rating of the Teachers, and other information, but can in no way guarantee it.
The WUEPS community is focused on the practice and teaching of sport and health, and all those activities that are not included in this area may be denied.
Any Teacher who publishes a WUEPS advertisement agrees to publish only information, content, photographs and videos that belong to him/her and of which he/she is the owner.
The Advertisement must not contain erroneous, unlawful or misleading information. Once the Ad is posted, WUEPS will review its content and may contact the Teacher to complete the approval process.
Ads approved by WUEPS may contain the Professor’s contact information and social networks.
WUEPS is not responsible for any erroneous information provided by Teachers on the Platform.
11.- Intellectual Property
All rights over the content, design and source code of this Website and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by WUEPS, or by third parties who have expressly authorized WUEPS to use them on its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject, as well as Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, in any support and by any technical means, unless expressly authorized in writing by WUEPS.
WUEPS does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, license or total or partial transfer of such rights by WUEPS.
Any use of such content not previously authorized by WUEPS will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established liabilities.
Third-party holders of intellectual and industrial property rights on photographs, logos, and any other symbols or content included in the Platform have granted the corresponding authorizations for reproduction, distribution and making available to the public.
12 .- Exclusion of liability
WUEPS does not grant any warranty or be liable under any circumstances for damages of any kind arising from access to or use of the contents of the Website. Among others, and by way of example and not limitation, WUEPS is not responsible for the following circumstances:
- For the lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
- The lack of usefulness of the Web Site or the contents for any service.
- The content of other Internet pages to which links or links placed on the Web Site may be directed.
- The existence of viruses, malicious or harmful programs on the Web Site.
- Of the illicit, negligent, fraudulent use, contrary to these Conditions or to good faith, of the Website or its contents, by the Users, including any infringement of the Intellectual and/or Industrial Property rights of WUEPS or third parties.
- Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Website.
- For the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions of Purchase, the applicable legislation or the rights of third parties.
- Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a result of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of WUEPS that prevent the normal use of the Website.
The Website may contain hyperlinks that allow the User to access third party websites. WUEPS assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by WUEPS, and which in no case imply any relationship, acceptance or endorsement between WUEPS and the persons or entities owning such content or the owners of the sites where they are located.
14.- Resolution of controversies
For the resolution of any discrepancy, question or claim derived directly or indirectly from the interpretation or execution of these General Conditions, the parties waive their own jurisdiction and submit to the jurisdiction of the Courts and Tribunals of the city of the User’s domicile.
WUEPS reserves the right to make as many changes as it deems appropriate in these Terms and Conditions of Purchase, in which case Users will be notified in advance.
These modifications will be valid as soon as they are published on the Website.
16.- Safeguard Clause
All the clauses or ends of these conditions of use must be interpreted independently and autonomously, not being affected the rest of the stipulations in case that one of them has been declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the General Conditions.
17.- Legislation and jurisdiction
The parties undertake to agree in good faith their intention to resolve any dispute regarding these General Terms and Conditions. The General Conditions of WUEPS are subject to Spanish law. The parties submit to the Courts and Tribunals of Madrid Capital.