Terms & conditions
IDENTIFYING DATA OF THE RESPONSIBLE FOR THE WEBSITE.
In compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, you are informed that:
The responsible party for processing is Alta Magia LLC, registered office at 2201 Menaul Blvd NE, STE A, Albuquerque, NM 87107.
Email: [email protected]
The social activity is: Online coaching service.
PURPOSE OF THE CONDITIONS
These general conditions expressly regulate the conditions applicable to the contracting processes carried out by "Client" users of the online service offered by Alta Magia LLC through its website https://www.exeguerra.co/.
These conditions will remain in force and will be valid for as long as they are accessible through the website, without prejudice to Alta Magia LLC reserving the right to modify, without prior notice, the general conditions as well as any of the legal texts found on said website. In any case, access to the Website after its modification, inclusion, and/or substitution implies the acceptance of the same by the user.
The client is subject to the current general conditions at each moment of the corresponding contracting, and it is not possible to contract any service without the prior acceptance of these general contracting conditions.
PARTIES INVOLVED.
The electronic contracting process through the website https://www.exeguerra.co/ will be carried out between the "Client" and "Alta Magia LLC."
Those consumers who are individuals, who register through the established form by filling in their name, surname, address, city, country, state, postal code, email, and password, and have made the corresponding payment to access the contracted service will be considered as "Client" of the website.
RIGHT OF EXCLUSION
Alta Magia LLC reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own or at a third party's request, to those users who breach these general conditions.
ELECTRONIC CONTRACTING PROCESS
What services or products do I have on my website?
Alta Magia LLC reserves the right of admission of the client in the services offered.
PRICES
All products indicate the sale price in dollars and include applicable taxes.
The price of each product will be the one stipulated on the Website at each moment, except in the case of manifest error. However, prices may change at any time, but such changes will not affect confirmed orders.
ECONOMIC CONDITIONS AND PAYMENT METHODS
Payment Methods
Payment will be made through any of the following means:
Visa / Mastercard / American Express; the user must provide the cardholder's name, number, expiration date, and CVV.
All information will be processed through an external payment gateway to Alta Magia LLC, called Stripe, and more information can be found by visiting their website https://stripe.com/ or through Paypal, and all necessary information can be found at https://www.paypal.com/home
As a payment platform, or what is commonly known as a shopping cart that serves to access payment, Kajabi platform will be used.
INTELLECTUAL AND INDUSTRIAL PROPERTY:
This section states that Alta Magia LLC is the owner or licensee of all intellectual and industrial property rights of its website and its contents, such as images, sound, software, logos, trademarks, etc. Unauthorized use of these rights is considered a serious infringement of the author's intellectual or industrial property rights. The reproduction, distribution, and public communication of all or part of the content of the website for commercial purposes, by any technical means, is prohibited without the prior authorization of Alta Magia LLC. The CLIENT must respect the intellectual and industrial property rights owned by Alta Magia LLC, and may only view the elements of the website without the possibility of printing, copying, or storing them on their computer or any other physical support. The USER must not delete, alter, bypass, or manipulate any protection device or security system installed on Alta Magia LLC's website pages.
ASSIGNMENT OF IMAGE RIGHTS
By expressly accepting this clause, THE CLIENT STATES THEIR EXPRESS AUTHORIZATION for Alta Magia LLC. to use the images, sounds, photographs, or parts thereof in which THE CLIENT appears as a result of their participation in actions and events related to the website, for the purpose of communicating and disseminating services and/or news promoted by Alta Magia LLC., all in accordance with the provisions of the General Data Protection Regulation.
This authorization is granted with a broad territorial and temporal scope, so Alta Magia LLC. may use these images, comments, photographs, or parts thereof, in all countries of the world without any geographical limitation of any kind.
The authorization is granted for publication on any platform and support with the only limitation being those uses or applications that could violate the right to honor, morality, and/or public order, in the terms provided for in the current legislation (Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Privacy, and One's Own Image).
This authorization, made under the terms set forth in this agreement, is considered to be granted free of charge and may be revoked at any time without affecting the lawfulness of the processing based on the prior consent to its withdrawal.
RESPONSIBILITIES
Alta Magia LLC cannot guarantee the technical continuity of the Website, the absence of failure or interruptions of the service, or that the Website will be available or accessible one hundred percent of the time due to reasons beyond the control of https://www.exeguerra.co/ or fortuitous causes and/or force majeure, viruses, computer attacks and/or actions of third parties that cause total or partial impossibility of providing services, as well as other unforeseeable causes such as incorrect functioning of the Internet.
CAUSES FOR TERMINATION OF CONTRACT
The contract for services may be dissolved at any time by either party. You are not obliged to remain with Alta Magia LLC if you are not satisfied with our service. Alta Magia LLC may terminate or suspend any and all contracted services with Alta Magia LLC immediately, without prior notice or liability, in the event that you do not comply with the conditions set forth herein. Upon termination of the contract, your right to use the Services will immediately cease.
The following shall be considered causes for the dissolution of the contract:
- Falsehood, in whole or in part, of the data provided in the contracting process of any service.
- Altering, circumventing, reverse engineering, decompiling, disassembling or otherwise altering the security technology provided by Alta Magia LLC.
- Cases of abuse of support services by requiring more hours than established in the contract.
- False and unfounded opinions with the aim of discrediting the owner of the products or services acquired.
- Any breach established throughout the conditions.
Dissolution implies the loss of your rights over the contracted service.
PROTECTION OF PERSONAL DATA UNDER LOPD
Alta Magia LLC, in compliance with current regulations on the protection of personal data, informs that the personal data collected through the forms on the website exeguerra.co, are included in specific automated files of users of the services of Kajabi LLC.
The automated collection and processing of personal data is intended to maintain the commercial relationship and perform information, training, advice, and other activities related to exeguerra.co.
These data will only be transferred to those entities that are necessary for the sole purpose of fulfilling the aforementioned purpose.
Alta Magia LLC adopts the necessary measures to guarantee the security, integrity, and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The user may exercise the rights of access, opposition, rectification, and cancellation recognized in said Regulation (EU) at any time. The user may exercise these rights through the email address: [email protected] or at the address: C / Príncipe de Vergara 109 2ª planta 28002 Madrid.
The user declares that all the data provided by him/her are true and correct, and undertakes to keep them updated, communicating any changes to Alta Magia LLC.
Purpose of the processing of personal data:
At Alta Magia LLC, we will process your personal data collected through the Website: exeguerra.co, for the following purposes:
In case of contracting the goods and services offered through exeguerra.co, to maintain the contractual relationship, as well as the management, administration, information, provision, and improvement of the service.
Sending requested information through the forms available on exeguerra.co
Sending newsletters, as well as commercial communications of promotions and/or advertising of exeguerra.co and the sector.
We remind you that you can oppose the sending of commercial communications by any means and at any time, by sending an email to the address indicated above.
The fields of such records are mandatory, and it is impossible to carry out the expressed purposes if that data is not provided.
How long will the collected personal data be kept?
The provided personal data will be kept as long as the commercial relationship is maintained or the deletion is not requested and during the period for which legal responsibilities could arise for the services provided.
Legitimization:
The processing of your data is carried out with the following legal bases that legitimize it:
The request for information and/or the contracting of the services of exeguerra.co, terms and conditions will be made available to you in any case, prior to a possible contracting.
The free, specific, informed, and unambiguous consent, since we inform you by making available this privacy policy, which, after reading it, in case of agreement, you can accept by means of a declaration or a clear affirmative action, such as marking a box provided for this purpose.
If you do not provide us with your data or do so incorrectly or incompletely, we will not be able to attend to your request, making it impossible to provide you with the requested information or to carry out the contracting of the services.
Recipients:
The data will not be communicated to any third party outside of exeguerra.co, except for legal obligation.
As data processors, we have contracted the following service providers, who have committed to complying with the regulatory provisions applicable to data protection at the time of their contracting:
Kajabi LLC, located at 15495 Sand Canyon Ave Suite # 300, Irvine, CA 92618, provides school hosting services. You can check the company's privacy policy and other legal aspects at the following link: https://kajabi.com/policies/dpa
Data collected by users of the services
In cases where the user includes files with personal data on shared hosting servers, Alta Magia LLC is not responsible for the user's non-compliance with the GDPR.
Data retention in accordance with the LSSI
Alta Magia LLC informs that, as a provider of data hosting services and in accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI), it retains for a maximum period of 12 months the essential information to identify the origin of the hosted data and the time when the service provision started. The retention of this data does not affect the confidentiality of communications and can only be used in the context of a criminal investigation or for the protection of public safety, being made available to judges and/or courts or to the Ministry that requires it.
Intellectual property rights exeguerra.co
Alta Magia LLC is the owner of all copyright, intellectual property, industrial, "know-how" and all other rights related to the contents of the website exeguerra.co and the services offered therein, as well as the programs necessary for their implementation and related information. Reproduction, publication and/or non-strictly private use of the contents, whether in whole or in part, of the exeguerra.co website is not permitted without prior written consent.
Intellectual property of the software
The user must respect third-party programs made available to them by exeguerra.co, even if they are free and/or publicly available. Alta Magia LLC has the necessary exploitation and intellectual property rights of the software. The user does not acquire any right or license for the contracted service, over the software necessary for the provision of the service, nor over the technical information for monitoring the service, with the exception of the rights and licenses necessary for the fulfillment of the contracted services and only during their duration. For any action that exceeds the fulfillment of the contract, the user will need written authorization from Alta Magia LLC, and it is prohibited for the user to access, modify, view the configuration, structure, and files of the servers owned by Alta Magia LLC, assuming civil and criminal liability arising from any incident that could occur on servers and security systems as a direct result of negligent or malicious actions by the user.
Intellectual property of hosted content
The use contrary to intellectual property legislation of the services provided by exeguerra.co is prohibited, and in particular:
The use that is contrary to the law or that infringes the rights of third parties.
The publication or transmission of any content that, in the judgment of Alta Magia LLC, is violent, obscene, abusive, illegal, racial, xenophobic, homophobic, or defamatory.
Cracks, program serial numbers, or any other content that violates the intellectual property rights of third parties.
The collection and/or use of personal data from other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The use of the domain's mail server and email addresses to send unwanted mass mail. The user is fully responsible for the content of their website, transmitted and stored information, hypertext links, third-party claims, and legal actions regarding intellectual property, third-party rights, and child protection. The user is responsible for compliance with current laws and regulations and the rules related to the operation of online services, e-commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
The user will indemnify Alta Magia LLC for any expenses arising from any claim attributable to the user, including legal fees and expenses, even in the case of a non-definitive judicial decision.
