legal notice &
terms of service

October 2016

• In compliance with the obligations established in Law 34/2002, of July 11, on information society services and electronic commerce (LSSI), the following information is provided: The owner of the website https://mindway.education/ (hereinafter, the “Main Website”)as well as the specific websites for each of the courses offered by us at any given time (hereinafter, the “Specific Websites”)is the company Milford Works S.L. (owner of the brand and hereinafter, “Mindway”) with NIF: B09731449 and registered office at Calle Manuel González Longoria 7, 1 D. Cp: 28010. Madrid. Milford Works S.L. is registered in the Madrid Commercial Registry, in Volume 24844, Folio 199, Section 8, and Sheet M 447204. You can contact us through the contact form available on our Website, or by phone at +34 91 126 56 11.
• Hereinafter, the Main Website and the Specific Websites will be collectively referred to as the “Website.”

OBJECT AND SCOPE OF APPLICATION

• These general conditions (hereinafter, the “Conditions”) regulate access, browsing, and use of the Website by the user (hereinafter, the “User” or “you”), as well as the contracting and use of the virtual campus services available at https://campus.mindway.education/ (hereinafter, the “Services”) and the purchase or access and use of the content made available through the Website or the Services (hereinafter, the “Content”). The use of certain services offered on the Website will also be governed by the specific conditions provided in each case, which will supplement or, if contrary to these Conditions, replace their content, and must be accepted by the User before the provision of the corresponding service begins.
• By accessing the Website or using the Services, you declare that you have read and fully and unreservedly accept these Conditions. If you do not agree with these Conditions or with any part or clause thereof, you must immediately cease accessing and using the Website or the Services.
• Mindway may modify these Conditions at any time, so we recommend reviewing them regularly. The date at the beginning of these Conditions indicates the last review date, which applies from the time of publication.
• Furthermore, regarding the collection and use of personal data, the Privacy Policy applies, forming part of these Conditions.

AUTHORIZED USE

• The Services are intended for individuals over the age of 18. By accepting these Terms, you declare that you are over 18 and fully capable of assuming and complying with the provisions of these Terms. If you are under 18, please do not access or use our Services.
• In certain cases, the Services are intended for individuals who meet specific academic or other conditions, which will be required on the Website as applicable. If you request such Services, you declare that you meet these conditions, and Mindway will be entitled to verify this compliance and cancel your request or terminate your contract in case of non-compliance.
• The User is authorized to access and use the Services and Content only in accordance with these Terms. You agree to use the Services and Content in good faith, respectfully, appropriately, and lawfully, and not to use them negligently, for fraudulent purposes, or unlawfully.
• The User will refrain from interfering with the operation of the Services, in particular by using false identities, impersonating another User or person, engaging in advertising, promotional, or commercial exploitation activities through the Services, or using the Services for any purpose beyond their foreseeable and/or reasonable use. Similarly, the User agrees not to perform any act that damages, disables, overburdens, deteriorates, or impedes the normal use of the Website, affects its security, or hinders or interferes with it. Access through robots, spiders, or any other device, program, mobile application, or tool to access, copy, or monitor any part of the Website that goes against normal operation or unjustifiably limits Mindway’s interests without express authorization from Mindway is prohibited. Obtaining or attempting to obtain Content using methods or techniques other than those that constitute regular use or those expressly authorized by Mindway is prohibited. The User agrees not to engage in any behavior that could damage the image, interests, and rights of Mindway, other Users, or third parties.
• The User will be responsible for ensuring, prior to use, that the Services meet their needs and that they have the necessary requirements, equipment, and software for this purpose, assuming the necessary costs for using the Services.
• In cases where the User must access the Services through a registration process or similar, the User agrees to provide the mandatory information required for this registration. The User will be responsible for providing truthful, complete, and updated information. It is the User’s responsibility to keep the aforementioned information updated in the appropriate manner.
• The User must safeguard their password, treat it confidentially, and not disclose it to others. They must not publish, distribute, or disclose their password. The User must never allow other users or third parties to use their user account (hereinafter, the “User Account“), nor should they use another user’s account.
• The User is responsible for activities conducted through their User Account on any device. If they suspect that a third party is using their User Account, they must immediately inform Mindway.
• If, for registration purposes, the User provides a valid email address, the User agrees to receive notifications related to the Services through it.
• The rights granted to the User under these Terms are personal and may not be assigned to third parties, in whole or in part, by any means, without prior, express, and written consent from Mindway.
• The commercialization, resale, or any similar use of the Services or Content is not authorized under any circumstances and will result in the immediate termination of the Services in such cases.
• To ensure the proper development of the activities and courses organized by Mindway, it is essential to comply with rules of coexistence and public order. In case of non-compliance with these rules, Mindway may cancel the provision of Services. These rules include, but are not limited to, the following principles:
  • Show respect to the teaching staff and the Mindway organization team, as well as to other students and participants in the courses and activities organized by Mindway.
  • Refrain from engaging in any act or statement that disrupts the order and normal development of the courses or activities organized by Mindway.
  • Refrain from taking photographs or recording during conferences, courses, and activities of any kind.

USE OF SERVICES

• When using the Services, the User may store, edit, and share files, information, opinions, and content, including their coursework in the program they are participating in (hereinafter, the “User Content“) through their User Account. The User is solely and exclusively responsible for such User Content and their actions using their User Account.
• Sometimes, when providing User Content, the User can decide whether it is made public to other Users or remains private. The User agrees that by providing User Content through their User Account, depending on the conditions established in each case, it may be made public to other Users, assuming exclusive responsibility for such publication.
• By providing any User Content through their User Account, the User declares they are the legitimate owner of the intellectual and industrial property rights or other rights over that User Content, have obtained all authorizations, licenses, permissions, or consents, or have ensured that the User Content provided is “rights-free,” and that no confidentiality obligations apply to such User Content. The User acknowledges that plagiarism may be grounds for terminating the provision of Services, with no obligation for Mindway to compensate or refund amounts paid for the Services.
• Mindway may need to process and handle User Content created on the virtual campus. By storing or publishing any User Content, the User grants Mindway a non-exclusive, free license for the entire duration of the applicable legal term, to:
  • Access, use, host, reproduce, modify, transform, update, translate, publish, distribute, delete, incorporate, or make the User Content available, in whole or in part, through the virtual campus, for educational and academic purposes, within the framework of courses organized by Mindway, with strict respect for applicable moral intellectual property rights.
  • Perform the necessary technical or maintenance activities to fulfill the above.

PROHIBITIONS ON PUBLISHING USER CONTENT:

• By way of example and not limitation, the inclusion of User Content is prohibited if it:
  • Is illegal, contrary to morality or public order, constitutes an illegal activity, or contravenes principles of good faith.
  • The User is not authorized to share because they lack authorization from the rights holder or it is not in the public domain.
  • Violates the provisions of these Terms.
  • Infringes on third-party rights, breaches netiquette, annoys, or generates negative opinions from other Users or third parties, or contains content deemed inappropriate by Mindway.
  • In general, contravenes the principles of legality, protection of human dignity, protection of minors, public order, privacy, and intellectual and industrial property rights.
  • Mindway does not endorse, guarantee, or approve any User Content, opinions, recommendations, or advice expressed concerning it and expressly excludes any responsibility regarding any User Content.
  • If you have a query regarding User Content or believe it infringes any rights, violates these Terms, or is inappropriate, you can contact us through the contact form available on our Website.
  • Notwithstanding that Mindway is not obligated to conduct general monitoring of User Content, Mindway may modify or delete, in whole or in part, at any time, any User Content that it deems to violate these Terms or may be offensive, illegal, or infringe on third-party rights.

RIGHT OF EXCLUSION

• Mindway reserves the right to deny or withdraw access to the Website or Services, without prior notice, on its own initiative or at the request of a third party, to those Users who fail to comply or are reasonably suspected of failing to comply with these Terms.

INTELLECTUAL AND INDUSTRIAL PROPERTY

• The intellectual and industrial property rights of the Website, its source code, design, navigation structure, databases, and the various elements contained therein (including, but not limited to, trademarks, images, sounds, audio, videos, software, or texts), the Services or Content, are owned by Mindway or its licensors.
• In cases of citing third-party products or services on the Website, Mindway acknowledges the exclusive ownership of the corresponding industrial and intellectual property rights by their holders. Their mere mention or appearance on the website does not imply the existence of rights or any responsibility on the part of Mindway, nor does it imply any guarantee, sponsorship, and/or recommendation by Mindway.
• Except in cases expressly authorized by these Terms, the reproduction, distribution, public communication, or transformation of all or part of the Content or any element of the Website or Services is not permitted, regardless of the medium or technical means used. Any violation of this will result in infringement and liability for infringing the intellectual property rights of Mindway or its licensors, who may take measures established by applicable regulations to cease the infringement and, if necessary, obtain compensation for damages caused.
• The User agrees to respect the intellectual and industrial property rights owned or licensed to Mindway. The User may view the elements of the different Content on the Website and even print, copy, and store them on the hard drive of their computer or device or any other physical medium, provided it is solely and exclusively for personal and private use (non-commercial). The User must refrain from removing, altering, bypassing, or tampering with any protection or security system protecting the Services or Content.

IMAGE RIGHTS

• An essential part of Mindway’s training project consists of the possibility for Mindway students to access videos of activities or courses held through the virtual campus to reinforce the knowledge and skills acquired. Additionally, some activities are recorded and photographed for promotional and communication purposes regarding the activities carried out by Mindway.
  This means that Mindway may record the activities and courses it organizes. Therefore, if you participate in activities organized by Mindway, unless expressly agreed otherwise with Mindway, you agree that recordings of your image participating in these activities may be made and used for the purposes described above.

CONTRACTING CONDITIONS

• Through the Specific Websites, you can register and reserve a spot in the courses organized by Mindway. The description, conditions, and features of each course are provided on each Specific Website at any given time.
• Once the enrollment form is completed, the User will receive an email confirming their registration in the course in question, with instructions to follow for making the course payment.
• After receiving the confirmation email, you must send us a copy of the payment receipt to the indicated email address or the completed and signed authorization for payment by card.
• Once the first or single payment is made and before the course begins, Mindway will send an email confirming the payment and course details in which your spot is reserved. Until this point, the spot reservation is not considered formalized, and you have only placed an order. We may reject your order (i) if you do not meet the requirements established in these Terms or those indicated specifically for each course; (ii) if there has been an error in the description or price of the offered service; or (iii) if the course spots are fully booked.
• Courses may be conditional upon the enrollment of a minimum number of students or any other condition indicated at any time on the Website. In such cases, the contracting is subject to that resolutory condition which, if fulfilled, will result in the termination and cancellation of the corresponding contract, and Mindway will refund any amounts you may have paid.

PRICE AND PAYMENT

• The price of the Services will be as indicated on the Website at any given time, including applicable taxes and costs. For programs and workshops, the price will be itemized in the shopping cart as follows: enrollment; materials; and teaching.
• You may pay the price using a debit/credit card or bank transfer. For card payments, these are processed through third-party payment service providers. For bank transfers, you must send the receipt as previously indicated.
• You accept that, once the enrollment payment is made, the registration cannot be canceled, and the paid amount will not be refunded, under the terms set out in Clause 10 below.
• For Master’s, MBAs, and diplomas paid by card, the Website may offer the option to pay the price through financing. If you choose this payment method, the different installments will be charged as indicated on the Website, and the price may increase depending on the selected financing plan. All information regarding the price of services and any variations based on the selected payment method can be found in the corresponding section of each specific course.
• If you choose to pay the price through financing, each installment must be paid between the 1st and the 5th of each month.
• Delays in the payment of the service price or an installment will incur a penalty of 10% of the outstanding amount.

RIGHT OF WITHDRAWAL

• You have the right to withdraw from the teaching contract within 14 calendar days without justification. This period will start from the moment of payment/enrollment of the course. To exercise this right, you must notify Mindway within the above period of your decision to withdraw from the contract through a clear declaration sent to the following email address: [email protected]. If you exercise your right of withdrawal within the indicated period and manner, we will refund all payments you have made for the Services. This refund will be made within 14 calendar days from the date we are informed of your decision to withdraw from the contract. The refund will use the same payment method you used when enrolling in the course, and no fees will be charged. You can consult the regulation of your right of withdrawal in Articles 68 to 79 of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (“LGDCU“).
• However, under Articles 103.a and 103.m of the LGDCU, you agree and consent that the provision of the Services under the contract may begin before the withdrawal period ends, which will result in the loss of your right of withdrawal. For these purposes, the provision of Services begins when the student has access to course materials, the online campus, or attends online or in-person sessions. Therefore, after the Services commence, the student will lose the right to a refund of the enrollment fee and must pay the full price of the Services.
• After the above period of fourteen (14) days from the formalization of enrollment with payment, without exercising the right of withdrawal and without starting the Services (in which case the above paragraph applies), if the student decides to cancel their enrollment:
• If cancellation occurs more than thirty (30) days before the course start date, the student will lose the amounts corresponding to enrollment and teaching materials, as itemized on the course page;
• If cancellation occurs within fifteen (15) days before the course start date, the student will lose the total program amount, including enrollment, teaching materials, and teaching, as itemized on the course page.
• Workshops: Milford Works, SL reserves the right to cancel one or more workshops if there are not enough students, i.e., 15 students per workshop. If this condition is met, the program organizers will contact enrolled students 3 business days before the workshop date to inform them and process a refund of the amount paid.

EXCLUSION OF GUARANTEES AND LIABILITY

• Mindway does not guarantee the absence of interruptions or errors in access to the Website, Services, or Content, nor their reliability, accuracy, correctness, or usefulness for a specific purpose or activity, although it will make its best efforts to avoid, correct, or update them, if applicable. To the extent permitted by applicable regulations, Mindway excludes any liability for damages of any kind that may arise from the above.
• Without limitation, Mindway is not responsible for damages that may result from:
  • Interruptions, viruses, malfunctions, interferences, omissions, or disconnections of the electronic system, communication system, or equipment due to reasons beyond Mindway’s control.
  • Delays or blocks in the use of the Website or Services, or internet, line, or electrical or communication system overloads.
  • Third-party actions.
  • The inability to access the Website or Services due to maintenance or updates.
  • Any other situation beyond Mindway’s control.
• Except in cases of intentional misconduct or where, due to the specific circumstances of the User or Content, an imperative liability regime applies, the use of the Website and Services is entirely at the User’s own risk. Mindway is not responsible for any damage or harm caused to the User by such use. Mindway is not responsible for misuse, improper use, or use contrary to these Terms by Users.
• The User is responsible for damages caused to Mindway resulting from their use of the Website and Services in violation of these Terms. The User agrees to indemnify Mindway and its administrators, staff, agents, and representatives from any liability incurred as a result of such violations.
• Unauthorized use of the information contained on the Website, resale of such information, or violation of Mindway’s intellectual property rights will result in legally established liabilities.
• Regarding any User Content, Mindway acts solely as a service provider enabling the Website or Service for Users to store and publish such User Content. Responsibility for the storage or publication through the Website or Services of all information, data, texts, photos, or other materials included in User Content lies solely with the User who stores or publishes it, except as expressly provided by law.

MODIFICATIONS

• Mindway reserves the right to make, at any time and without prior notice, non-essential modifications and updates to the information contained on the Website, its configuration and presentation, and access conditions, without prejudice to the obligations of information or acceptance request established in the LGDCU.

GENERAL PROVISIONS

• In the event that any of the provisions contained in these Terms is declared null and void, it will be removed or replaced. In any case, such declaration of nullity will not affect the validity of the remaining provisions contained in these Terms.
• This legal notice and general conditions are governed by Spanish law.