General Conditions

Legal notice

OWNERSHIP

In accordance with Art. 10 of Law 34/2002 of July 11, services of the information society and e-commerce (hereafter, LSSI), we inform you that this website belongs to:

PEÑALARA SOFTWARE SL, whose CIF is: B40247744 and registered office in Teodosio el Grande 8 BIS, Office 7, postcode:40.001 Segovia, Spain and enrolled in the Segovia Commercial Register.: VOLUME 274, BOOK 0, PAGE 5, SHEET SG-6065.

With the following contact information:

E-mail info@penalara.com

The following terms and conditions govern the purchase and use of GHC / GHU products for professional users (schools, high schools, universities ...) by Peñalara Software to its customers (The Customer), that they contract and buy through the Peñalara Software website whose domain is: www.penalara.com and the "General Conditions" and make up, together with the product and modality chosen during the purchase process, the contract between Peñalara Software and the Customer.

A PRODUCT FOR PROFESSIONALS

The product is designed and directed just to customers for their business or professional needs. In particular, the Customer declares and guarantees that he/she does not contract the product in any case as a consumer (that is, as a person who acts in a field unrelated to his/her business or professional activity).

As professionals, Peñalara Software and the Customer agree to exclude the obligations established in articles 27 and 28 of Law 34/2002 on Services of the Information Society and Electronic Commerce related to providing certain information before and after the contracting of the product.

THE PRODUCT: CONTRACT, PURCHASE AND USE.

  1. The hiring and purchase of the product will be done exclusively through the website of Peñalara Software www.penalara.com.
  2. In order to make the hiring and purchase, you must register on the web and provide personal data necessary for activation, billing and processing of your order. The use and processing of such personal data is declared in our privacy policy accessible on the website www.penalara.com/privacidad.php
  3. The product does not have a physical support and no physical material is sent. The purchase of it means the download of a file that allows the installation of the software and that later is activated with a code facilitated by Peñalara Software.
  4. The purchase or renewal of a licence includes the maintenance and technical support of the software during a calendar year from the subscription of the product just for cases in which the Customer acquires a paid version. That technical support will be carried out by telephone and/or email, not being in any case on-site.

    
            Timetable:
                            From Mondays to Thursdays from 9.00 to 13.30 and from 16.30 to 18.30. Fridays from 9.00 to 14.00 (GMT +01/Madrid)        

    These timetables may be subject to changes in order to adapt as much as possible to the needs of customers, and being published in a visible place on the web www.penalara.com

    Neither technical support nor maintenance include the right to lessons, days or training hours. Peñalara Software reserves the right to transfer the technical support and maintenance service to its distributors, in which case the company will notify the Customer by email, providing the contact details of the distributor.

    In the event that, for circumstances beyond the control of Peñalara Software, the Customer does not appear as a customer in the database, he/she will not be entitled to receive maintenance or technical support.

    The updates that, within the year of this service, Peñalara Software carries out in order to correct actions or elements that were not working correctly are included. The new versions of the software that Peñalara Software releases every year with new features and improvements are not included.

  5. The licenced software will be limited to the number of teachers hired, is single-user, storing the information that is introduced or generated in the computer where it is installed, and its operation through network connection is not possible.

  6. PRICE

    Price, income, and taxes

    The price (applicable taxes not included) and its income will be determined according to the modalities available at each moment and selected by the Customer during the purchase process.

    The price of the product, whether new licence or update, will be broken down by applicable taxes that will be detailed separately. However, the TOTAL of the purchase will be shown before making any payment.

    Each party will be responsible for the payment of the taxes that correspond to satisfy in accordance with the applicable law.

    Update

    Peñalara Software can update its prices annually and they will be applied in the purchase process within the calculation of the offer for the needs selected by the Customer.

    Invoices

    The Customer authorizes Peñalara Software specifically that the billing of the product is made by electronic media. The invoice corresponding to each product purchase or update will be stored in the Private Area (in PDF format) of the customer within the web www.penalara.com, accessible by the customer's unique credentials (username / password)

    Currency

    The prices of the product will be indicated in different currencies depending on the country where the purchase is made: Mexico (Mexican Pesos), Euro Zone (Euros), Rest of the World (Dollars).

    Payments

    The payment of the price of the Service that will appear on the screen during the purchase process, may be made through different channels: PayPal, credit card or any other method of payment that is indicated on the screen. To proceed with the payment, the Customer must provide and follow each and every one of the instructions that appear on the screen. As an electronic payment system, Peñalara Software offers a payment gateway of e-commerce. All the data provided for these purposes are encrypted in transit and processed directly by the bank. The customer assumes the payment commitment on the product purchased in the purchase process.

  7. New software versions

    Peñalara Software launches new versions of the software annually that bring improvements and incorporate new features. These updates are not included in the technical support or maintenance to which the Customer is entitled for a year, and a new contract with its corresponding licence is required for them, against payment of the corresponding price.

    This use of subscription and purchase is not, therefore, applicable to any of the new versions that Peñalara Software may launch in the future on the licenced software.

  8. Licensing and conditions of use

    The product is governed and must be used under the terms and conditions of the End User Licence Agreement (EULA). These terms must be accepted by the Customer before proceeding to install the product. Without accepting these terms it will not be possible to install the software.

  9. Customer Responsibility

    The Customer recognizes and accepts, voluntarily and expressly, that the use of the product he/she makes is under his sole and exclusive responsibility at all times.

  10. New software updates

    Peñalara Software launches new features every year. These updates are not included in the technical support or maintenance to which the Customer is entitled for a year, and a new contract with its corresponding licence is required for them, against payment of the corresponding price.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The Peñalara Software website www.penalara.com, as well as its software, its components and other elements (including images, audio, text and other elements that are part of the SOFTWARE), accompanying documentation and any distinctive sign of both the company as well as the software itself, are owned by Peñalara Software and, when applicable, Peñalara Software's suppliers, the respective intellectual and industrial property rights, as long as they have not been granted by the present licence to the Customer, including expressly the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation that are currently known or that may be developed in the future.

GUARANTEES AND LIABILITY REGIME

Apart from the guarantees established by the applicable Spanish legislation, Peñalara Software does not grant any other additional guarantee.

The Customer assumes all responsibility arising from the misuse or incorrect use of the website www.penalara.com and its software, expressly exonerating Peñalara Software of any responsibility regarding that matter. Without prejudice to the legal guarantee, the software is provided "the way it is", without other warranty, explicit or implicit. The choice of the appropriate software for the results desired by the Customer, as well as its installation and use outside the instructions given by Peñalara Software are the exclusive responsibility of the Customer.

Without prejudice to the liability regime established by Spanish law, Peñalara Software will not be responsible in any case for personal injuries, loss of profits or consequential damages, or any other type of damage that may occur as a result of an accident, a use of the software or of the website www.penalara.com or any of its updates, incorrect or different from the one allowed under this licence; misuse or abuse by the Customer, and regardless of whether Peñalara Software was informed of the possibility of such damage.

Peñalara Software is not responsible for any alterations or loss of data that may occur in the Customer's computer, being the sole responsible for the corresponding backup copies. Peñalara Software advises the Customer to make a backup copy of the software executable, as well as a daily backup copy of all the data entered in the software and to place it in an external media to the unit where the software has been installed.

VALIDITY AND RESOLUTION

Validity

The contractual relationship between Peñalara Software and the Customer will be understood to be concluded and will take effect on the day in which the Customer has accepted these General Conditions and successfully completed the purchase process..

The contractual relationship will have an initial duration of one year from its effective date.

This initial term will be extended for another year with a new purchase or a renewal / update of the GHC / GHU product by the customer unless:

Resolution

The contractual relationship will be resolved for the following reasons:

  • End of the period for which the licence is hired.
  • Breach by the Customer of any of the covenants and obligations contained in these general conditions or the user's licence agreement.
  • Non-payment of the price of the software, according to the rate and product chosen by the Customer or, where applicable, any of its fees, which will imply the unilateral withdrawal by the Customer and in such case, the software will stop without advance notice by Peñalara Software. It will not be forced to provide any of the services to which it has committed under this licence or any other additional commitment.
  • The Customer does not pay the price corresponding to the subscription / renewal acquired.
  • Another cause of termination provided in these General Conditions proceeds.

NOTIFICATIONS

Any communication by the Customer to Peñalara Software must be in written form, either by mail or email to the following addresses:

        Peñalara Software S.L.        
Teodosio el Grande 8 BIS, Office 7. postcode 40001 Segovia. Spain
info@penalara.com

The Customer: the mailing and email addresses provided to Peñalara Software during the registration and/or purchase process on the Peñalara Software website. Any change of address for the purposes of notifications must be communicated in writing form at least five (5) working days in advance.

APPLICABLE LEGISLATION AND JURISDICTION

For the settlement of disputes that may arise from this purchase, subscription, document or use of the software, the Customer expressly accepts that they are subject to the jurisdiction of the Courts and Tribunals of Segovia, in Spain, expressly waiving another that could legally correspond.

Likewise, the Customer accepts that this contract is governed by Spanish legislation and, in accordance with it, must be interpreted the Spanish law being applicable to any issue that may arise in relation to these conditions and the use of the software.

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