These Terms and Conditions are entered into by You – the User – and PACHALEGRIA, – in the following agreement as “Company” or “we” or “us”.
These terms and conditions govern your access and use of www.pachalegria.com (the “Website”), including any content, functionality, course, resource, product and service offered and sold.
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the use of the Website and inform users of our data collection practices as well as warranties and limitation of liabilities.
Please read the Terms of Use carefully before you start to use the Website.
By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Privacy Policy.
If you do not want to agree with the Terms of Use and Privacy Policy, you must not access or use the Website.
DEFINITIONS
“We / us” means the service, product and content provider: PACHALEGRIA.
“You” means:
the individual using the Website, its resources, services and contents;
and/or the individual purchasing the provider’s products and services.
“Website” means www.pachalegria.com
Use and Access to the Website
To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website / Content Platform, or the entire Website / Content Platform, to users, including registered users.
Liability & warranties
The services available through this Website as well as the products and the services sold by us are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Although we aim to provide our services, resources and content to the highest standards of the industry, neither us, nor our trainers, employees, contractors, service providers and partners of any kind accept any liability for: (i) any inaccuracy or misleading information provided in our services, resources or content, and any reliance by Client on any such information; (ii) any loss or corruption of data, (III) any loss of profit, revenue, goodwill, reputation or any other kind of economic advantage, (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement, (v) any death, disability, personal injury, student injury, illness and/or deterioration of pre-existing medical conditions caused by our services and/or content and/or resources included in those services. We also recommend you to take a physical examination with your doctor before performing any physical activities.
By using this Website and its resources and/or by purchasing and using our products or services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources and/or services available on this Website and/or the products and services you have purchased from us. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website or through our products and services. You agree to defend, indemnify and hold harmless PACHALEGRIA, its officers, directors, shareholders, employees, partners, service providers, contractors and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
Our total liability arising from or in connection with these terms of use and in relation to anything which we may have done or not done in connection with these terms of use and the delivery of our content, resources and products or services (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 content, resource, service or product in relation to which a dispute has arisen.
We don’t provide legal advice meaning that you should always seek professional advice when it’s a matter of complying with the legislation. For this reason, we will not accept any liability with regard to this matter.
Except to the extent that they are expressly set out in these terms of use, no conditions, warranties or other terms shall apply to our content, resources and services.
No claim may be brought more than one month after the last date on which the services concerned have finished or ceased to be provided by us.
Pachalegria also makes no warranty that:
(a) the site or the materials will meet your requirements;
(b) the site or the materials will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations. Any materials obtained through the use of the site is done at your own discretion and risk.
No guarantees as to results
We expect you to confirm that the products and services, contents and resources you are purchasing, downloading or making use of will meet your needs. We do not make any guarantee to you that you will obtain a particular result using, purchasing and completing any of our products and services, contents and resources.
You recognize that prior results do not guarantee a similar outcome as well as your ultimate success or failure will be the result of your own efforts, your particular situation, your products and services, personal resources and any other circumstances beyond our control and/or knowledge.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable licence to access and use the Website, its services, contents and resources strictly in accordance with these Terms of Use.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the services, contents and resources available for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the services, contents and resources available in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of services, contents and resources available from the Website.
The Company content is not for resale.
Your use of the Website or any of the services, contents and resources available for download or purchase from the Website and the Content Platform does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licences, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.
In particular, you are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the services, contents and resources available on this website and on the product and service content and documentation without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the services, contents and resources;
(iii) use the services, contents and resources 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 Pachalegria on the services, contents and resources available on the Website and on the content and documents related to our product and services;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the website.
Breach by you of one of these clauses shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any product and service, contents and resources.
Purchase and Use of Products, Services and Online Courses.
A description of the products, services and/or online courses together with the dates on which they will begin are available on our Website and marketing materials. We will provide the products, services and/or online courses with reasonable care and skill in accordance with their description. We reserve the right to vary or withdraw any of the products, services and/or online courses described on the Website and marketing materials without notice.
Payments
Our website uses a HTTPS security protocol, validated by an SSL certificate, that keeps your payment secure.
When you make a purchase, we use a third party payment processor such as Stripe or Paypal.
Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
Confidentiality
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms of use, and shall return it on demand and not retain copies of it.
Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
This clause shall continue notwithstanding termination of these terms of use.
Termination
We shall be entitled to terminate these terms of use and cease to provide you with any product, service and/or online course 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 of our employee;
cheat or plagiarise any work which you are required to prepare or submit in connection with the product, service and/or online courses or during any examination taken in connection with the product, service and/or online course;
steal or act in fraudulent or deceitful manner towards us, or our employees or any other students;
intentionally or recklessly damage our property, including intellectual property, or the property of our employees or other students attending our premises;
commit any criminal offence;
are in breach of these terms and conditions.
On termination of the delivery of a product and/or service and/or online course, clause 2 (Liability), 3 (No Guarantees As To Results), 4 (Intellectual property rights), 8 (Confidentiality) shall continue notwithstanding such termination.
Entire Agreement
These terms of use, together with the Privacy Policy 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.
Force Majeure
We shall not be liable to you for any breach of obligations or termination under these terms of use arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other calamities, terrorism, strikes, delay caused by transport disputes, technological failures (i.e. internet connection availability or interruption), failure to provide a course caused by a death in the trainer’s family, illness of the trainer, government edict or regulation.
Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
Data Protection
The nature of the products, services and/or online courses 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 products, services or using our content or downloading our resources you agree to this Use.
When you purchase and/or download and/or 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 products, services and/or online courses you have purchased / resources you have downloaded as required during the normal provision of the course.
We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you decide to withdraw your consent, provide you with communications.
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. 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 to 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.
We endeavour 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 and transacting on-line over the internet and will not hold us responsible for any breach of security.
If you wish to change or update the data we hold about you, as well as to withdraw your consent and opt-out from our communications please e-mail
contact@pachalegria.com
Check our Privacy Policy for full details about data.
Law and Jurisdiction
This Agreement is subject to Mexican law and the parties submit to the exclusive jurisdiction of the Mexican courts in connection with any dispute hereunder.
Notices
You can contact us by any of the following methods:
Email: contact@pachalegria.com