Terms and Conditions

By visiting our site and/or enrolling in one of our courses, you engage in our “Service” and agree to be bound by the terms and conditions set forth in this page.

Overview

This website is operated by Jose Martinez Hernandez (José). Throughout the site, the terms “we”, “us” and “our” refer to José. José offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or enrolling in one of our courses, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, visitors, or customers.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to our courses shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Course Enrollment

When you enroll in a course or other content in our website, whether it’s free or paid content, we are granting you a license, not selling you the content. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In legal, more complete terms, we grant you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement.

While we grant you a lifetime license, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content. Should we revoke lifetime access to a course, you will be notified in advance and given enough time to complete the course, unless we are compelled to immediate revocation by law or an authority resolution.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 2 – Account

You need an account to access the contents. Accounts are automatically created during the check out when you complete the purchase of a course.

During the checkout you must provide accurate and complete information, including a valid email address, and you must maintain the accuracy of your account information. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.

You may not share your account login credentials with anyone else. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.

To access our Services you must have the age of majority in your state or province of residence. If you are below the age of consent to use online services, you may not conduct a purchase nor create an account. If we discover that you have created an account that violates these rules, we will terminate your account.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. In conformity with our Disclaimer, no material should be construed as financial advice. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Payments, Billing and Account Information

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. We work with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Notice for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 30 days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

You agree to provide current, complete and accurate purchase and account information for all purchases you make. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed.

Section 5 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Section 6 – Refunds

You may ask for a refund on the next 30 days after purchasing content when:

  1. The content does not offer what it was promised in the promotional materials or course description, or
  2. The content was removed before you complete it.

The refund will be applied to your original payment method. No refund is due to you if you request it after the 30-day guarantee time limit has passed. We reserve the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.

Section 7 – Right of Withdrawal

When you purchase a Service for non-commercial purposes you are a consumer and you have the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract. However, this right is limited when acquiring digital non-material products. When you purchase contents on our website, you expressly consent to withdraw that right when the execution has begun.

If you did not access any course material, then you will be entitled to withdraw from the contract. To exercise your right to withdraw, you must, within these 14 days, inform us of your decision to withdraw from the contract by an unequivocal statement sending us an email to jose.martinez@greaterwaves.com. You may use the withdrawal form below, though it is not obligatory.

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The following form may be used to state your withdrawal, but it is not obligatory:

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To Jose Martinez Hernandez, Sant Vicenç Dels Horts, Barbastre 9, 08620, email address: jose.martinez@greaterwaves.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

Section 8 – Intellectual Property and Industrial Property

José, by itself or as an assignee, owns all intellectual and industrial property rights of this website, as well as the elements contained herein (including, but not limited to, domain names, images, animations, sound, audio, video, databases, software, text, literary or scientific content, these conditions, policies, trademarks, logos, color combinations, structure, design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved.

Consequently, all contents published on this website or during the provision of the Services are subject to copyright, so any use or exploitation will require the prior authorization of José. Any use not previously authorized by José will be considered a serious breach of the rights of intellectual property of the author.

By using this website you agree to respect the rights of Intellectual and Industrial Property José. You can view the elements of the website and even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely and exclusively for personal and private use. You must refrain from deleting, altering, evading, or manipulating any protection device or security system that was installed in our website. Recording or downloading in any manner course audiovisual contents is strictly prohibited and may only be done so with José’s express authorization, even if its for personal, private use.

Our intellectual property does not include rights for elements used in our Services that are proprietary of our affiliates or partners, who shall retains all rights over their own elements, including but not limited to, images, trademarks, logos, color combinations, or text.

Section 9 – Outgoing Links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 10 – Incoming Links

The persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to this web site must submit to the following conditions:

  • The total or partial reproduction of any of the services or contents of the website is not allowed without the citation or prior authorization of José, as the case may be (vid. 10 Intellectual property and industrial property).
  • No deep-links or IMG or image links or frames will be established with this website, without prior express authorization from José.
  • No false, inaccurate or incorrect statement shall be made about José, this website, or Services or contents thereof. Except for those signs that are part of the hyperlink, the web page in which it is established shall not contain any trademark, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to José, unless expressly authorized by him.

The establishment of the hyperlink does not imply the existence of relations between José and the owner of the website or portal from which it is made, nor the knowledge and acceptance of José of the services and content offered on that website or portal.

José will not hold liability for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

Section 11 – User Comments, Feedback, Reviews and Other Submissions

If, at our request, you send certain specific submissions (for example reviews or questions) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 12 – Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Section 13 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall José, or our affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 16 – Indemnification

You agree to indemnify, defend and hold harmless José and our affiliates, partners, contractors, licensors, service providers, subcontractors, suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and want to cancel your account. In that case, your account will be suspended before complete deletion, in accordance with our Privacy Policy.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 19 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service, the Privacy Policy and the Disclaimer Notice).

Any version of these Terms in a language other than Spanish is provided for convenience and you understand and agree that the Spanish language will control if there is any conflict.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain and any dispute shall be submitted to the Courts and Tribunals of the city of Barcelona, unless otherwise provided by applicable law.

Section 21 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 – Contact Information

Questions about the Terms of Service should be sent to us at jose.martinez@greaterwaves.com.