These terms and conditions apply to Services provided by Oleksiy Pototskyy a/k/a Nubes Academy (NIF Z2338682R) of Calle de Hermosilla 48, piso 1 Dcha, Madrid, 28001, Spain, with EU VAT number ESZ2338682R.
These terms and conditions apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
In the event of a conflict between our Website Disclaimer, these terms and conditions, and any Course Specific Terms and Conditions that might apply to a specific Online Course or Taught Course, the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
- Refund Policy.
For purchases via our website, by clicking on the “Accept” button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease from continuing to purchase any Services from us.
- Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine-readable, or other forms concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Nubes Academy to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Nubes Academy for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means www.nubes.academy.
“you” means the individual or organization purchasing the Services.
- The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.
- Website Disclaimer
3.1. The information provided by Nubes Academy (“we,” “our,” “us”) on www.nubes.academy (“the Website”) is for general informational purposes only. All information on the Website is provided in good faith; however, We make no representations or warranties regarding the accuracy, completeness, or usefulness of any content.
3.2. Under no circumstance shall we be liable for any loss or damage, including but not limited to indirect or consequential loss or damage, arising from the use of the Website, or reliance on any information provided on the Website. This includes any reliance on educational content, course materials, or any external links present on the Website.
3.3. The Website may contain links to third-party websites that are not under the control of Nubes Academy. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.
3.4. By using this Website, you agree to accept full responsibility for your own actions and decisions based on the information provided and to comply with any applicable laws and regulations.
- Ordering Services
4.1. In order to purchase any of the Services online, you must register for an account with us via the Website. If you already have an account with us, you can log into your account using your username and password.
4.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Nubes Academy reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 4.5 below.
4.3. Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.
4.4. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4.5. Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses that make up your order.
4.6. Nubes Academy does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book any exam necessary that you wish to take, prior to the relevant closing date, and which may or may not be associated with the subject matter of the Services provided to you by Nubes Academy.
- Cancellation and Variation
5.1. Subject to clause 5.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 4.5 above, then you are permitted, within 10 working days starting on the day after the date we have concluded our agreement in accordance with clause 4.4, to cancel your purchase of the Services.
5.2. If you have purchased an online course and have already accessed or downloaded all or part of the course, and/or have started using the course for more than 10 minutes of video content, you will no longer have the right to cancel your order.
5.3. Notwithstanding clause 5.1, there is no other right to cancel or vary your purchase of Services. Any other cancellation and/or variation of course dates will be at the entire discretion of Nubes Academy.
- Fees
6.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
6.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials, and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out on the Website prior to your purchase of the Services.
6.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board, and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination board.
6.4. Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
6.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account, and Nubes Academy shall not be responsible for these.
6.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access to any Online Course.
- Liability
7.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
7.2. Although Nubes Academy aims to provide the Services to the highest standards of the industry, neither it nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by the client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue, or goodwill, or (iv) any indirect, special, or consequential loss arising from any breach of the terms of this Agreement.
7.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services. Subject to clause 7.5, no implied conditions, warranties, or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description).
7.4. Subject to clause 7.5 below, Nubes Academy’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence, or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
7.5. Nothing in this Agreement shall exclude or limit Nubes Academy’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other matter which under English law may not be limited or excluded.
7.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
- Intellectual Property
8.1. All Intellectual Property Rights in the Course Materials, Online Courses, and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Nubes Academy or its licensors, whether adapted, written for, or customized for the Client or not.
8.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Nubes Academy on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 8.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
8.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.
- Confidentiality
9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3. This clause shall continue notwithstanding termination of these terms and conditions.
- Termination
10.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Nubes Academy, any teacher or lecturer who provides the Taught Courses, or any student who attends any Taught Course;
- cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in a fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.
10.2. On termination, clause 7 (liability), 8 (intellectual property rights), 9 (confidentiality), and 11 (restrictions) shall continue notwithstanding such termination.
- Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or these terms and conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
Nubes Academy shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics, and other Acts of God, terrorism, strikes, wars and armed conflicts, delays caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict, or regulation.
- Data Protection
14.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
14.2. When you register with us, you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased, and otherwise as required during the normal provision of the course.
14.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Nubes Academy.
14.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name, and IP address, the URL you came from and go to, and the parts of the Website you visit.
14.5. We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services, and ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.6. Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
14.7. Nubes Academy endeavors to take all reasonable steps to protect your personal Data, including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being online and transacting over the internet and will not hold us responsible for any breach of security.
14.8. Nubes Academy may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
14.9. If you wish to change or update the data we hold about you, please email [email protected].
14.10. We comply with the General Data Protection Regulation (GDPR) and ensure that your personal data is processed in accordance with its provisions.
- Law and Jurisdiction
This Agreement is governed by Spanish law, and the parties submit to the exclusive jurisdiction of the Spanish courts, except where English law applies.
- Notices
You can contact us by any of the following methods:
Post: Oleksiy Pototskyy, Calle de Hermosilla 48, piso 1 Dcha, Madrid, 28001, Spain
Email: [email protected]
