Legal Notice
This legal notice (hereinafter, the “Legal Notice”) regulates the use of the service of the Internet portal www.wakeupplatform.com (hereinafter, the “Web”) of WAKE UP PLATFORM, S.L. with registered office at C/ DOCTOR ESQUERDO, Nº 105, MADRID, 28007, MADRID with CIF B72842107.
Legislation
With general character the relations between WAKE UP PLATFORM, S.L. with the Users of its telematic services, present in the Web, are put under the Spanish legislation and jurisdiction.
The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of MADRID to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
Content and use
The User is informed and accepts that access to this website does not imply, in any way, the beginning of a business relationship with WAKE UP PLATFORM, S.L..
The owner of the website does not identify with the opinions expressed therein by its contributors. The Company reserves the right to make unannounced changes it deems appropriate in its Web, may change, delete or add content and services provided through the same as the way in which they are presented or located on their servers.
Intellectual and industrial property
The intellectual property rights of the content of the web pages, their graphic design and codes are owned by WAKE UP PLATFORM, S.L. and, therefore, their reproduction, distribution, public communication, transformation or any other activity that can be carried out with the contents of its web pages is prohibited, not even quoting the sources, without the written consent of WAKE UP PLATFORM, S.L.. All trade names, trademarks or distinctive signs of any kind contained in the Company’s web pages are the property of their owners and are protected by law.
Links
The presence of links on the web pages of WAKE UP PLATFORM, S.L. is for information purposes only and in no case implies a suggestion, invitation or recommendation about them.
Confidentiality and Data Protection
For the purposes of the provisions of RGPD of 27 April 2016, WAKE UP PLATFORM, S.L. informs the User of the existence of an automated processing of personal data created by and for WAKE UP PLATFORM, S.L. and under its responsibility, in order to perform the maintenance and management of the relationship with the User, as well as information tasks. At the time of acceptance of these general conditions, WAKE UP PLATFORM, S.L. will require the user to collect some essential data for the provision of its services.
Registration of files and forms
The completion of the registration form is mandatory to access and enjoy certain services offered on the website. Failure to provide the requested personal data or not accepting this data protection policy means the impossibility of subscribing, registering or participating in any of the promotions in which personal data is requested.
For the purposes of the provisions of RGPD of April 27, 2016, we inform you that the personal data obtained as a result of your registration as a User, will be incorporated into a file owned by WAKE UP PLATFORM, S.L. with C.I.F B72842107 and address at C/ DOCTOR ESQUERDO, Nº 105, MADRID, 28007, MADRID, having implemented the security measures established in Royal Decree 1720/2007, of June 11.
Accuracy and veracity of data provided
The User is solely responsible for the veracity and correctness of the data included, exonerating WAKE UP PLATFORM, S.L. from any liability in this regard. Users guarantee and are responsible, in any case, for the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information in the registration or subscription form. WAKE UP PLATFORM, S.L. is not responsible for the veracity of the information that is not of its own elaboration and of which another source is indicated, so it does not assume any responsibility for hypothetical damages that may arise from the use of such information. WAKE UP PLATFORM, S.L. reserves the right to update, modify or delete the information contained in its web pages and may even limit or deny access to such information. WAKE UP PLATFORM, S.L. is exonerated from liability for any damage that the User may suffer as a result of errors, defects or omissions in the information provided by WAKE UP PLATFORM, S.L. provided that it comes from sources outside WAKE UP PLATFORM, S.L.
Cookies
The site www.wakeupplatform.com does not use cookies, considering such physical information files hosted in the user’s own terminal and serve to facilitate the user’s navigation through the portal. In any case, the user has the possibility to configure the browser to prevent the installation of these files.
Purposes
The purposes of WAKE UP PLATFORM, S.L. are the maintenance and management of the relationship with the User, as well as the work of information.
Minors
In the event that some of our services are specifically aimed at minors, WAKE UP PLATFORM, S.L. will request the consent of parents or guardians for the collection of personal data or, where appropriate, for the automated processing of data.
Transfer of data to third parties
WAKE UP PLATFORM, S.L. will not transfer user data to third parties.
Exercise of rights of access, rectification, cancellation and opposition.
You may send your communications and exercise your rights of access, rectification, suppression, limitation, portability and opposition at the Internet address www.wakeupplatform.com or by ordinary mail addressed to WAKE UP PLATFORM, S.L., Ref. RGPD, at C/ DOCTOR ESQUERDO, Nº 105, MADRID, 28007, MADRID. In order to exercise these rights, you must prove your identity to WAKE UP PLATFORM, S.L. by sending a photocopy of your National Identity Card or any other legally valid means. However, the modification or rectification of your registration data may be made on the Site itself by first identifying yourself with your user name and password.
Safety measures
WAKE UP PLATFORM, S.L. has adopted the legally required levels of security for the protection of Personal Data, and endeavors to install those other additional technical means and measures within its reach to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided to WAKE UP PLATFORM, S.L. shall not be liable for possible damages or losses that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system, caused by reasons beyond the control of WAKE UP PLATFORM, S.L.; delays or blockages in the use of this electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Center, in the Internet system or in other electronic systems, as well as damages that may be caused by third parties through illegitimate intromissions beyond the control of WAKE UP PLATFORM, S.L.. Nevertheless, the User must be aware that Internet security measures are not impregnable.
Acceptance and consent
The user declares to have been informed of the conditions on personal data protection, accepting and consenting to the automated processing of the same by WAKE UP PLATFORM, S.L., in the manner and for the purposes indicated in this Personal Data Protection Policy. Certain services provided on the Portal may contain special conditions with specific provisions on the protection of Personal Data.
WELCOME TO THE WAKE UP PLATFORM
WAKE UP PLATFORM S.L. (hereinafter referred to as “WAKE UP PLATFORM”, “Company”, “we”, “us” or “us”) makes the Services (as described below) available to you through its website (www.wakeupplatform.com) and other interactive properties that WAKE UP PLATFORM owns and operates together (hereinafter referred to as the “Site”), subject to the terms and conditions set forth below.
The Site is an online platform for personal growth content. Here, users have the ability to access available courses, purchase them, exchange comments and participate in contests and promotions (these services, along with any new features or applications, and the Site itself, will be referred to as the “Services”). The Services encompass, among other things, any services or content provided by or created for the benefit of WAKE UP PLATFORM, in addition to the offering of any material displayed, transmitted or performed on the Site.
1.2. ACCEPTANCE OF TERMS OF USE
These Terms of Use are entered into between you and WAKE UP PLATFORM. The following terms, together with any documents that are expressly referenced (collectively, the “Terms of Use”), shall govern your access to and use of the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you begin using the Services. By accessing the Services and using the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy (https://www.wakeupplatform.com/politica-de-privacidad/), which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, we request that you immediately exit this page without accessing or using the Services.
If you are using the Services on behalf of a company, that entity also agrees to these Terms of Use.
1.3. MODIFICATIONS TO THE TERMS OF USE
We reserve the right to regularly review and update these Terms of Use in our sole discretion. If we make changes to these Terms of Use, we will post those changes on this page, clearly indicating the date on which the last revision of these Terms of Use was made. In addition, we will provide notice of changes through the user interface of the Services, by email or other reasonable means as required by applicable law. These updates will become effective no sooner than fourteen (14) days after they are posted, except in situations where the changes relate to new features of the Services or legal requirements, in which case they will take effect immediately.
If you continue to use the Services after revised versions of the Terms of Use have been posted, you will be deemed to accept and agree to the changes. We recommend that you regularly review this page to be informed of any modifications, as it is your responsibility to comply with the updated terms.
2. ACCESS TO SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE WAKE UP PLATFORM
WAKE UP PLATFORM reserves the right to modify or discontinue, temporarily or permanently, the services offered (or any part thereof) with or without notice. By agreeing to these terms, you acknowledge that WAKE UP PLATFORM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services. Similarly, we shall not be liable in the event that, for any reason, the services, either in whole or in part, are unavailable at any time or for any period of time. From time to time, we may limit access to certain sections of the services, either to registered users or to all users.
We reserve the right to disable any user name, password or other identifier, whether provided by you or chosen by you, at any time in our sole discretion. This may be done for any reason or no reason at all, including if we believe that you have violated any of the provisions set forth in these Terms of Use.
The Services may be accessible from anywhere in the world; however, this does not guarantee that all of the Services, or all of their features, are available in your country, or that user contributions (as defined below) are legal in your jurisdiction. WAKE UP PLATFORM may restrict access to certain services (or specific features or content thereof) in certain countries. It is your responsibility to ensure that your use of the services complies with the laws of your country of residence. It should be noted that services are not available in all languages.
The services are intended exclusively for users over 18 years of age. If you have not yet reached the legal age required to use online services in your place of residence, you will not be able to use them. However, we encourage you to invite a parent or legal guardian to open an account and help you access the appropriate content for you. If you do not meet the age requirements for use of online services, you should not access the services. If we discover that you have created an account in violation of these rules, we will terminate that account.
2.2. REGISTRATION PROCESS
To access the Site or certain Services available on the Site, you may be asked to provide registration information or other relevant data. You accept: (a) provide true, accurate, current and complete information about yourself on the registration form, and (b) maintain and promptly update such information to ensure that it is true, accurate, current and complete. If you provide information that is not true, accurate, current or complete, or if WAKE UP PLATFORM has reasonable grounds to believe that the information does not meet these criteria, it reserves the right to suspend or terminate your account, and refuse your current or future use of the Services (or any part thereof).
By providing any information for the registration process on the Services or through other means, including the use of interactive features, you agree that all such information will be subject to our Privacy Policy. In addition, you consent to all actions we take with respect to your information in accordance with the terms of our Privacy Policy.
2.3. USER NAME AND PASSWORD
During the registration process, you will be asked to choose a username and password for your account, which you will use to access certain sections of the Services. The confidentiality of your username and password is your responsibility, and you assume full responsibility for all activities that occur under your username or password. You agree not to use another person’s username and password at any time. Any unauthorized use of your account or any breach of security must be reported immediately to WAKE UP PLATFORM. We assume no responsibility for any loss you may suffer due to someone else using your password or account, either with or without your knowledge. However, you may be liable for losses incurred by WAKE UP PLATFORM or others due to unauthorized use of your account or password.
If you lose your password, you can request a new one through the Site. You accept: (a) provide accurate and truthful information during the process of requesting a new password; and (b) keep such information up to date to ensure its accuracy and completeness. Any misuse of the new password request option is prohibited.
3. USER BEHAVIOR
3.1. SERVICE UTILIZATION
We make the Site and the Service available to you solely for your personal, non-commercial use. Unless expressly authorized in writing by WAKE UP PLATFORM, you agree to refrain from displaying, distributing, licensing, performing, publishing, reproducing, duplicating, creating derivative works from, modifying, selling, reselling, exploiting, transferring or uploading for commercial purposes any portion of the Service, your use of or access to the Service.
The Service should not be used as a means of storing your own photographs, images, videos, sounds or any other content you upload; it is your responsibility to maintain copies of all content you post on the Site. We are under no obligation to retain any content you have uploaded for longer than the period required by applicable law.
3.2. PROHIBITED USES
By this statement, you agree to refrain from using the Services for purposes that are unlawful or that contravene the prohibitions set forth in these Terms of Use, or for any other purpose that WAKE UP PLATFORM has not reasonably contemplated. By way of example only and without limitation, you agree not to use the Services:
In a manner that violates local, regional, national or international laws or regulations.
To abuse, harm, harass, stalk, threaten, impersonate or intimidate any person, or to attempt to do so.
To send, knowingly receive, upload, post, download, use or reuse any material or content that:
Is unlawful, defamatory, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, provocative or otherwise unacceptable.
Promotes sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe patents, trademarks, trade secrets, copyrights or other intellectual property rights or any other rights of any person or entity.
Infringes the legal rights (including rights of publicity and privacy) of any third party or contains material that could give rise to civil or criminal liability under applicable law or regulation, or that conflicts with these Terms of Use.
Be deceptive.
Promotes illegal activities, or proposes, promotes or facilitates illegal acts.
Causes annoyance, anxiety or unnecessary disturbance, or is likely to annoy, enrage, annoy, discomfort, alarm or displease any person.
Impersonates the identity of any person or falsely represents his or her identity or affiliation with any individual or organization.
Involve commercial activities or offers, such as contests, sweepstakes and other sales promotions, redemptions or advertising campaigns.
Give the impression that it is from WAKE UP PLATFORM, or that WAKE UP PLATFORM or any other person or entity is sponsoring it, if it is not.
To transmit or attempt to send advertising or promotional materials, such as “junk mail,” “chain letters,” “spam” or other similar solicitations, or to harvest or collect e-mail addresses or other contact information from other users of the Services electronically or by other means, for the purpose of sending unsolicited communications.
To impersonate or attempt to impersonate WAKE UP PLATFORM, a WAKE UP PLATFORM employee, another user, or any other person or entity (this includes, but is not limited to, the use of e-mail addresses or screen names associated with any of the foregoing), or to misrepresent an affiliation with a person or entity.
To create multiple accounts for the purpose of manipulating (e.g., by “liking”) the results for or against a user’s projects, artificially exaggerating or altering “likes”, comments, etc., giving or receiving money or other compensation in exchange for “likes” or engaging in any organized initiative that artificially alters the results of the Services in any way.
To exhibit any other behavior that restricts or hinders any person from using or enjoying the Services or that, in our assessment, may harm WAKE UP PLATFORM or users of the Services, or expose them to liability.
In addition, you agree not to:
Circumvent any measures we implement to prevent or restrict your access to the Services.
Use the Services in any manner that could cause the Services to be disabled, overloaded, damaged or impaired, or interfere with any other person’s use of the Site, including their ability to conduct real-time activities on the Site.
Employ robots, spiders or other automated devices, processes or means to access the Services for any purpose, including monitoring or copying any material on the Services.
Use manual processes to monitor or copy any material from the Services, or for other purposes not explicitly authorized in these Terms of Use, without our prior written consent.
Use devices, software or routines that interfere with the proper functioning of the Services.
Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful content.
Attempt to obtain materials or information through means not intentionally made available or provided for through the Service.
Attempt to unauthorizedly access, interfere with, damage or alter any part of the Services, the server on which the Services are hosted or any service, computer or database connected to the Services or other users’ private accounts.
Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
In any other way attempt to interfere with the proper working of the Services.
WAKE UP PLATFORM reserves the right to remove any content that violates these Terms of Use or is otherwise unacceptable. If you suspect that a violation of these Terms of Use has occurred (except in cases of copyright infringement notification, as described below), we encourage you to contact us through our web form.
4. RESOLUTION OF CONFLICTS BETWEEN USERS
You acknowledge that you are entirely responsible for all of your interactions with other users in connection with the Service, and understand that WAKE UP PLATFORM assumes no liability in this regard. WAKE UP PLATFORM reserves the right, but is not obligated, to intervene in any dispute between you and another user of the Service.
5. INTELLECTUAL PROPERTY
5.2. USER CONTRIBUTIONS
You will retain all rights and ownership of the photographs, images, videos, sounds or any other content or material you upload through the Services or share with other users or recipients (collectively referred to as “User Contributions”). WAKE UP PLATFORM does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contribution, you grant WAKE UP PLATFORM, its subsidiaries and its service providers (together with their respective licensors, successors and assigns) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, reproduce, upload, store, distribute (through multiple levels of distribution and partnerships), modify, adapt, reproduce and publicly display, publish, use and fully exploit such User Contribution in any media, form, technology or method of distribution now known or hereafter developed, and for any purpose (whether commercial or otherwise). WAKE UP PLATFORM will always recognize the corresponding credits when using your User Contributions.
In addition, by uploading your User Contributions, you grant other WAKE UP PLATFORM users, visitors and teachers the right to share such User Contributions through WAKE UP PLATFORM’s integrated social media platforms (such as Instagram, Pinterest, Facebook or Twitter). To revoke this license at any time, remove your User Contributions from the Services. To the extent reasonable, WAKE UP PLATFORM will endeavor to remove such content from the Services if it chooses to remove it. However, you should understand that it is possible that content may remain available in cache or be referenced even after deletion.
You understand and agree that any questions, comments, suggestions, ideas, ideas, opinions or other information relating to the Service (“Submissions”) that you provide to WAKE UP PLATFORM, its subsidiaries and its service providers (and each of their respective licensors, successors and assigns) and other users, visitors and teachers of WAKE UP PLATFORM shall be non-confidential, and these parties shall be authorized to use and disseminate such Submissions without restriction and in perpetuity, for any purpose (commercial or otherwise), in any manner and in any media, without acknowledgment or compensation to you.
You represent and warrant that: (i) you own or have control over all right, title and interest in the User Contributions and have the right to grant the licenses referred to above; and (ii) all of your User Contributions and Submissions are and will be in compliance with these Terms of Use.
You understand and acknowledge that you are responsible for all User Contributions and Submissions you submit or provide, and that you, not WAKE UP PLATFORM, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.
WAKE UP PLATFORM assumes no responsibility to any person for the content or accuracy of any User Contribution or Submission posted by you or any other user of the Services (including any errors or omissions in any content, or any loss or damage of any kind caused by the use of any such content). You acknowledge that WAKE UP PLATFORM does not pre-screen content, and WAKE UP PLATFORM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content available through the Services. Without limiting the foregoing, WAKE UP PLATFORM and its designees shall have the right to remove any content that violates these Terms of Use or that WAKE UP PLATFORM deems, in its sole discretion, unacceptable for any other reason.
We are not obligated to retain any User Contributions that you have posted for a period of time beyond that required by applicable law.
You also understand and acknowledge that third parties may unlawfully copy, without your or our consent, User Contributions that you have posted on the Services, despite our reasonable efforts to prevent such unlawful activities. You agree and understand that WAKE UP PLATFORM shall not be liable to you for any illegal copying of your User Contributions.
WAKE UP PLATFORM recognizes and respects the intellectual property of others, and we encourage our users to do the same. We have adopted the following policy regarding copyright infringement on our Services in accordance with the Digital Millennium Copyright Act (DMCA).
If you honestly believe that the Site contains content that infringes your copyright, we encourage you to notify us by sending a notice to our copyright agent. You may send this notice by e-mail to [email protected] or by post to C/ Doctor Esquerdo 15, 28007, Madrid, Spain. Your notice must include ALL of the following information:
Identification of the copyrighted works that you claim have been infringed.
Identification of the material that is claimed to be infringing and that is the subject of the complaint, along with information sufficiently detailed for us to locate the material (e.g., the URL).
Contact information so we can get in touch with you, including your address, phone number and email address.
A statement of good faith that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WAKE UP PLATFORM strives to comply with copyright laws and will cooperate in good faith in resolving complaints regarding alleged copyright infringement.
5.3. PROCEDURE FOR COMPLAINTS AND COUNTER-NOTICES RELATED TO COPYRIGHTS
Before filing a copyright infringement complaint, we urge you to carefully consider whether the use of the copyrighted material in question might be protected by the “fair use” principle. Please note that you may incur costs and legal fees if you file a takedown notice and it turns out that no copyright is being infringed. Also make sure that you have not granted permission for the use in question, such as if you have authorized a creative professional to use your company’s materials as examples of their previous work. If you are unsure whether the use of your copyrighted material constitutes infringement, we recommend that you consult an attorney.
WAKE UP PLATFORM will respond promptly to valid DMCA-related requests. If you do not receive a response from us within 14 days of filing your complaint, we encourage you to contact us through our web form and we will respond as soon as possible.
Once we remove access to the material in response to a valid DMCA notice, we will promptly inform the user responsible for the allegedly infringing content of the action taken. WAKE UP PLATFORM reserves the right, in its sole discretion, to terminate the account of any member who receives repeated DMCA notices.
If you believe that WAKE UP PLATFORM has improperly removed your content due to an inappropriate copyright infringement notice, you may send a written counter-notice to our copyright agent (contact details above). This counter-notice must include the following information:
Description of the incorrectly removed work, your username and the location of the content prior to removal.
Contact information so we can get in touch with you (address, phone number and email).
A statement, under penalty of perjury and signed by you, that you have a good faith belief that the material was removed or disabled due to mistake or misidentification.
Consent to submit to the jurisdiction of the Southern District of Madrid and acceptance of service of process on the person who filed the original complaint.
Before filing a counter-notice, carefully consider whether your use of the copyrighted material may have incurred infringement, as you could incur costs and legal fees if the court determines that your counter-notice misrepresents that the material was wrongfully removed. If you are unsure whether your use of the material constitutes infringement, we recommend that you consult an attorney.
Upon receipt of a valid counter-notice, WAKE UP PLATFORM will forward it to the party that filed the original DMCA notice. Such party (or the copyright holder it represents) shall have ten (10) days to notify us that it has filed a legal action in connection with the allegedly infringing content. If we do not receive this notification within ten (10) days, we may restore the material on our Services.
6. MONITORING AND ENFORCEMENT; TERMINATION
WAKE UP PLATFORM reserves the right to take the following actions:
Withdraw any User Contribution or Submission for any reason or no reason at all, in its sole discretion.
Take any action deemed necessary or appropriate with respect to any User Contribution, including removal, if it believes that such User Contribution violates the Terms of Use, infringes intellectual property or other rights, threatens the safety of users or the general public, or could result in liability to WAKE UP PLATFORM.
Disclose your identity or other information to third parties who claim that material you have posted infringes their rights, including intellectual property or privacy rights.
Take appropriate legal action, such as referring cases to the appropriate authorities, in response to any illegal or unauthorized use of the Services.
Terminate or suspend your access to the Services, either in whole or in part, for any reason or no reason, including violations of the Terms of Use, non-payment, fraudulent chargeback requests, suspected illegal or fraudulent activity, or other reasons it deems reasonable.
You agree that termination of your access to the Services under the terms of the Terms of Use may be effected without notice, and acknowledge that WAKE UP PLATFORM has the ability to deactivate or delete your account, along with all associated information and files, or prohibit future access. You further understand that WAKE UP PLATFORM shall have no liability to you or any third party for termination of your access to the Service.
You also note that WAKE UP PLATFORM reserves the right to cooperate fully with law enforcement authorities or court orders requiring or directing the disclosure of the identity or other information about any individual who has shared content through the Services. You waive and release WAKE UP PLATFORM, its affiliates, licensors and service providers from any claims arising from actions taken by any of the above parties, as well as from investigations conducted, and actions taken as a result of such investigations or by law enforcement authorities.
It is important to note that WAKE UP PLATFORM does not undertake to review material prior to its posting on the Service and cannot guarantee immediate removal of inappropriate material once posted. Therefore, WAKE UP PLATFORM assumes no liability for actions or inactions related to transmissions, communications or content provided by users or third parties. We cannot be held responsible for the performance or omission of activities described in this section.
7. CONFIDENCE IN PUBLISHED INFORMATION
The information presented on or through the Services is for informational and general purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you, other visitors to the Services or anyone else who has access to this content places on this information is at your own risk. We disclaim any liability arising from reliance on these materials.
The Services may include content provided by third parties, which may include materials from other users, blog owners, licensors, syndicators, aggregators or reporting services. We have not reviewed and cannot review all of the materials posted on the Services. Statements or opinions expressed in these materials, as well as articles, answers to questions and other content not provided by WAKE UP PLATFORM, are the sole responsibility of the person or entity providing them. These materials do not necessarily reflect the opinion of WAKE UP PLATFORM. We assume no responsibility to you or any third party for the content or accuracy of materials provided by third parties.
8. LINK TO SOCIAL NETWORKING SERVICES AND FEATURES
It is possible to link to our home page, as long as you do so in a fair and legal manner, without damaging our reputation or taking advantage of it. However, you must not establish links that suggest association, approval or endorsement by us without our express written consent.
The Services may offer social networking features that allow you to:
Link from your own website, or from certain third party sites, to specific content on this Site.
Send emails or other communications containing content specific to, or links to content specific to, this Site.
Display limited portions of content from this Site on your own or certain third party websites.
You may use these features only as we provide them and only in connection with the content for which they are enabled. However, you should not:
Establish links from websites that are not owned by you.
Display the Site, or portions of it, on other sites, such as through the use of frames or deep links.
Linking to parts of the Site other than the home page.
Take actions in connection with the content of the Site that violate other provisions of these Terms of Use.
Please note that the use, storage and disclosure of your information by social networking services is governed solely by the policies of such third parties, and WAKE UP PLATFORM assumes no responsibility for the privacy practices or other actions of third party sites or services enabled on the Service.
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements related to social networking services. Accordingly, we assume no liability for any damage or loss caused or alleged to be caused by your use of or reliance on such social networking services. Social networking features are provided as a convenience and their integration does not imply any endorsement or recommendation.
You agree to cooperate immediately with us to cease any unauthorized framing or linking activity. We reserve the right to revoke linking permission at any time without notice. We also reserve the right to disable any or all social networking features and any links at any time, in our sole discretion, without notice.
9. LINKS FROM THE SERVICES
If we or third parties provide links to other third party sites and resources, these links are provided for your convenience. This includes links in advertisements, such as banner ads and sponsored links. We have no control over the contents of those sites or resources, and assume no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access third party websites linked to from the Services, you do so at your own risk and in accordance with those websites’ terms of use. We reserve the right to remove any links provided by third parties on the Services.
10. RATES
To access the online courses and other services offered by WAKE UP PLATFORM, a fee is required. By agreeing to these terms, you agree to pay the applicable fees for the content you purchase, and you authorize WAKE UP PLATFORM to charge you for the services using the payment method you select. Please note that fees will be charged regardless of whether or not you use the services you have purchased. You are responsible for timely payment of all required fees and applicable taxes. We reserve the right to disable or restrict access to content for which appropriate payment has not been made.
Rates may vary depending on your location and other factors. The currency you will see in your account will be based on your location at the time you create it. However, the final rates you will be charged will always be calculated in Euros. This means that final rates may vary due to currency exchange rates provided by our payment providers.
From time to time, we run promotions and discounts on our content, which may make certain courses available at reduced prices for a specific period of time. The price applicable to the content will be the price at the time of purchase.
By providing WAKE UP PLATFORM with your credit card or other payment method information, you represent and warrant that this information is accurate, current and complete, and that you are authorized to use that payment method. You also agree to maintain and update this information in a timely manner so that it remains accurate, current and complete. By giving your consent, WAKE UP PLATFORM may update your payment method with information provided by our payment service providers and continue to charge you fees on your updated payment method.
We reserve the right, at any time and at our sole discretion, to change existing rates or begin charging for previously free services. Any changes, updates or modifications to the fees will be effective immediately upon posting through the relevant Services (this will not affect fees paid prior to the implementation of the changes).
Additional conditions related to subscription plans are described in section 13.
11. REFUNDS
Our refund policy distinguishes between one-time payments for courses and subscription plans (see section 13 for more information on subscription plans). However, the following guidelines apply in both cases:
Refunds will not be available for accounts that violate these Terms of Use or that, in WAKE UP PLATFORM’s sole and absolute discretion, are otherwise unacceptable.
If WAKE UP PLATFORM determines that you are misusing our refund policy, we reserve the right to suspend or terminate your account and to deny or restrict any current or future use of the Service without refund.
To request a refund, please contact us through our web form.
Refunds will be applied to the original method of payment.
Unfortunately, at this time, we are unable to offer partial refunds for your purchases.
If, within 14 days of purchasing a course, you are not satisfied with the course, WAKE UP PLATFORM will refund the full amount of your purchase and subsequently terminate your access to the course. We will not be able to make any refunds requested after this 14-day period. Due to possible fluctuations in currency exchange rates between your local currency and the Euro, the amount refunded may be slightly higher or lower than the original amount paid.
12. CONDITIONS OF SUBSCRIPTION
This section addresses additional terms governing your use of any subscription plan offered by WAKE UP PLATFORM in connection with our Services (including WAKE UP PREMIUM). By using a subscription plan, you agree to the additional terms described in this section.
Subscription Plan: During the term of your subscription to a specific plan, you are granted a limited, non-exclusive, non-transferable license to access and view the content included in that plan through our Services. The terms, features, conditions and price of your access to a subscription plan are determined by the subscription you purchase or renew. You may not transfer, assign or share your subscription with any other person. Your subscription plan will be in effect for the agreed period and will automatically renew according to the frequency of the subscription (e.g., monthly or yearly), unless you cancel the subscription with prior notice at the end of the plan period.
Fees and Payments: The subscription fee will be indicated at the time of purchase. You must make payment for any subscription plan through the payment methods provided by WAKE UP PLATFORM. If you opt for a subscription plan with automatic renewal, you are granting WAKE UP PLATFORM authorization to maintain your account information and to automatically charge your account at the time of renewal of the Services you have selected, without any further action on your part. If WAKE UP PLATFORM is unable to charge your account as authorized when you sign up for auto-renewing services, your access to such Services will be suspended until payment is received. In connection with these auto-renewable Services, WAKE UP PLATFORM may change the price and notify you in writing. Price changes will be effective for the next subscription period following the date of such changes. To the extent permitted by local law, your continued use of the Services after the price change takes effect will indicate your acceptance of the new price. If you do not agree with the price change, you have the right to reject it by cancelling your subscription before the new price becomes effective. Therefore, be sure to carefully read any notifications of price changes.
Refunds and Cancellations: If you are not satisfied with the subscription plan within the first 14 days after purchase, WAKE UP PLATFORM will refund the full subscription amount and cancel the subscription plan, thereby revoking access to the courses and benefits associated with that plan. It is not possible to request refunds after this 14-day period, although you can cancel your subscription at any time. If you decide to cancel the subscription plan, you will retain access to the subscription services until the end of the current subscription period. In this case, the subscription will not be renewed and any subscription fees previously paid will not be refunded.
15. DISCLAIMER OF WARRANTIES
It is important that you understand and acknowledge that we cannot ensure or warrant that files available for downloading through the Internet or our Services will be free of viruses or other destructive code. You are responsible for implementing the necessary procedures and checkpoints to satisfy your own requirements for virus protection and accuracy of data input and output. We also recommend that you have at your disposal an external medium for data restoration in case of loss. We will not be liable for any loss or damage of any kind incurred as the result of a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, software, data or other proprietary material due to your use of the website or any of the Services, your obtaining items through the Services or your downloading of any material posted on or linked to from the website.
You use the website, its content and any services or items obtained through the site at your own risk. The website and its content and any services or items obtained through the site are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Neither WAKE UP PLATFORM nor anyone associated with WAKE UP PLATFORM warrants or represents the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither WAKE UP PLATFORM nor any person associated with WAKE UP PLATFORM warrants or represents that the website, its content or any services or items obtained through the site are accurate, reliable or free of viruses or other interruptions. We do not warrant that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components, or that the website or any service or item obtained through the site will meet your needs or expectations.
WAKE UP PLATFORM hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.
This does not affect any warranty that cannot be excluded or limited under applicable law.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, WAKE UP PLATFORM, its affiliates, licensors, service providers, employees, agents, officers and directors shall in no event be liable for any damages of any kind arising out of or related to your use of, or inability to use, the website, any linked website, the content of the site or other websites, or any services or items obtained through the site or such other websites. This includes, but is not limited to, direct, indirect, special, incidental, consequential or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of income, profits, business opportunities, anticipated savings, use, business value or data, regardless of whether the cause is a tort (including negligence), breach of contract or other cause, even if it could have been foreseen.
WAKE UP PLATFORM’s total liability to you for all damages, losses or causes of action shall in no event exceed the amount you have paid to WAKE UP PLATFORM in the last six (6) months, or €100, whichever is greater.
In some jurisdictions, the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages may not be permitted. Therefore, some of the above limitations may not apply to your situation. If you are dissatisfied with any part of the service or with these terms of service, your only option is to stop using the service.
17. INDEMNIFICATION
You agree to defend, indemnify and hold harmless WAKE UP PLATFORM, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, losses, costs expense or fee (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms of Use or unauthorized use of the Services, including, without limitation, your User Contributions, any use of the content, services and products on the Service that is not expressly authorized in these Terms of Use, or your use of any information obtained through the Service.
18. Legislation
With general character the relations between WAKE UP PLATFORM, S.L. with the Users of its telematic services, present in the Web, are put under the Spanish legislation and jurisdiction.
The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of MADRID to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
21. WAIVER AND SEVERABILITY
No waiver by WAKE UP PLATFORM of any term in these Terms of Use shall be deemed a continuing waiver of that term or any other term. WAKE UP PLATFORM’s failure to enforce a right or provision shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the extent necessary to preserve the effectiveness and enforceability of the remaining provisions.
22. NO THIRD PARTY BENEFICIARIES AND ALLOCATION
There are no third party beneficiaries to this agreement, unless expressly stated. You may not assign these Terms of Use without WAKE UP PLATFORM’s prior written consent, but WAKE UP PLATFORM may assign or transfer these Terms of Use, in whole or in part, without restriction.
23. COMPLETE AGREEMENT
These Terms of Use constitute the entire agreement between you and WAKE UP PLATFORM with respect to the Services, superseding all prior agreements, written or oral, relating to the Services.
24. LANGUAGE
Any version of these Terms of Use in a language other than English is provided solely for the convenience of the user. In the event of a conflict, you understand and agree that the English version shall prevail.
25. YOUR COMMENTS AND QUESTIONS
If you would like to share feedback, comments, requests for technical support or other communications related to the Services, you may do so through our web form or by sending an email to [email protected].
We will be pleased to receive your comments and help you with any questions you may have.