General terms and conditions of contracting

GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING OF WWW.EMERGENCYSTAFF.ES (JANUARY 2018 VERSION)

LEGAL NOTICE
PURPOSE AND SCOPE OF APPLICATION OF THE TERMS OF USE
ACCESS TO THE WEBSITE AND REGISTRATION
WEBSITE TERMS OF USE
CONTRACTING PROCESS
AVAILABILITY OF SERVICES
REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES
PRICES AND PAYMENT METHODS
USER’S RIGHT OF WITHDRAWAL
USER SUPPORT
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
LIABILITY REGIME
LINKS
SECURITY
PROTECTION OF PERSONAL DATA AND COOKIES
DURATION AND MODIFICATION
GENERAL PROVISIONS

1. LEGAL NOTICE

The website www.emergencystaff.es (hereinafter, the “Website”) is owned by the company EMERGENCY STAFF S.L. (hereinafter, “EMERGENCY STAFF” or the “Company”), a Spanish company residing at Pasaje Amadeo Roca Gispert, número 1, bajo 011, 07840 Santa Eulalia del Río (Balearic Islands), holder of Tax Identification Number (CIF) B-57.503.641 and registered in the Commercial Registry of Ibiza, Volume 209, Sheet 214, Page 8957, Book 208, Section 8, 1st Entry.

The Company makes the website www.emergencystaff.es available to Internet users so that they may learn about healthcare assistance services in recreational environments, sales of medical and emergency equipment, and training courses via the Internet, in-person, and remote, for companies, individuals, organizations, and entities offered by the Company, and contract them if they wish to do so, as well as contact EMERGENCY STAFF.

2. PURPOSE AND SCOPE OF APPLICATION OF THE TERMS OF USE

These terms of use and contracting (hereinafter, the “General Conditions”), together with the Privacy and Cookie Policy, govern the use of the website www.emergencystaff.es as well as the contracting of services through the Website. These General Conditions will be available to Users on the website so that the User may consult, archive, or print them at any time.

For any questions regarding the Company’s management of Users’ personal data or cookies, Users are kindly requested to visit our Privacy and Cookie Policy, available to Users so that they may consult, archive, or print them whenever they wish.

Both these General Conditions and the Privacy and Cookie Policy have been drafted in accordance with applicable legislation on the Internet, e-commerce, and data protection, including, among others, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce and Organic Law 15/1999, of December 13, on the Protection of Personal Data.

3. ACCESS TO THE WEBSITE AND REGISTRATION

Through the website www.emergencystaff.es, EMERGENCY STAFF offers Users an online purchasing service available 24 hours a day, where Users can learn about the services offered by the Company and, if they wish, easily and conveniently contract the services selected in each case.

Using the Website confers the status of User (hereinafter, the “User”) on any Internet user and implies full and unreserved acceptance of these General Conditions as well as the Privacy and Cookie Policy.

Access to the Website is free of charge, except for the portion corresponding to the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

By accessing the Website, the User declares that they are of legal age and/or possess the necessary legal capacity to contract the services offered on the Website in accordance with these General Conditions, which they also declare to understand and fully accept.

The User may freely browse the Website and access it as many times as desired. Likewise, the User may browse the Website without registering or enrolling. However, to contract the services offered on the Website, registration by the User may be required.

Fields that are mandatory to fill in will be duly marked with an asterisk so that the User can clearly identify them. Likewise, data detected by the Website as defective, incorrect, or incomplete will be duly marked so that the User can enter them correctly.

The User is solely responsible for correctly providing their data during the registration and contracting processes established on the Website. Therefore, EMERGENCY STAFF reminds the User to pay special attention when entering personal data.

4. WEBSITE TERMS OF USE

The User of the website www.emergencystaff.es agrees to use the Website in accordance with these General Conditions, good faith, and applicable law. Likewise, the User represents and declares that they are of legal age.

Contracting by minors is strictly prohibited. In this regard, EMERGENCY STAFF reserves the right to verify the accuracy of data provided by Users, particularly their age. The Company shall assume no liability for individuals who breach these General Conditions, applicable regulations, are minors, or have previously been expelled from the Website.

In any case, the User must refrain from:

Reproducing, distributing, publicly communicating, transforming, or modifying the Website or any of its contents, including these General Conditions, regardless of the purpose of such use, without prior written authorization from the Company.
Introducing into the Website or its network data programs capable of causing damage to the computer systems of the Company, its suppliers, or third parties.
Carrying out any unlawful, fraudulent activity contrary to these Terms of Use, applicable legislation, and/or good faith, or that hinders and/or obstructs the proper use of the website or its contents.
Inserting into third-party websites, platforms, forums, chats, blogs, or social networks any link or hyperlink that allows linking or reproducing the Website or its contents with said third-party websites, platforms, forums, chats, blogs, or social networks, unless the link directly connects exclusively to the homepage of the Website without reproducing it in any way.
Linking or reproducing the Website or its contents from third-party websites, platforms, forums, chats, blogs, or social networks that are contrary to law, offensive, or derogatory to human dignity, fundamental rights, or the Company itself and/or are likely to be considered criminal offenses.
Introducing and/or disseminating content on the Website that violates human rights and personal dignity, such as racist, xenophobic, or pornographic content, or content advocating terrorism.

5. CONTRACTING PROCESS

Contracting EMERGENCY STAFF services on www.emergencystaff.es is very simple. To do so, the User simply needs to follow these steps:

a) Choose the desired service(s)

Through the “Training Center” page, the User can access the courses they wish to contract. They can view the details of each course by clicking on them. The purchasing process begins once the chosen course is added by clicking “Add to Cart”. The user can add as many courses as desired. Once the selection is finished, they will access the “View Cart” section and click “Checkout”.

b) Data registration

On the “Checkout” page, the User must fill in their contact and billing information to receive the precise documentation for enrolling in the selected courses. On this page, the User will also select the payment method and must click “I have read and accepted the terms and conditions” set forth in this document.

c) Payment

The user will have three payment methods available: 1. Payment by debit or credit card, where once “Place Order” is clicked, the user will be redirected to the REDSYS website for secure payment processing. Once completed, REDSYS will redirect back to the Emergency Staff website to confirm the purchase or notify of any error that may have occurred.

Payment with PayPal, where once “Place Order” is clicked, the user will be redirected to the PAYPAL website for secure payment processing. Once completed, PAYPAL will redirect back to the Emergency Staff website to confirm the purchase or notify of any error that may have occurred.
Payment by bank transfer, where once “Place Order” is clicked, an email will be sent to the user confirming receipt of the User’s enrollment request and providing the necessary information so that the User can make payment for the selected training course by bank transfer. To pay the price of the chosen training course, the User must make a bank transfer for the course amount to account number ES30 2100 1803 0702 0024 5196, owned by the Company, indicating their Tax ID (NIF/NIE) and the name of the contracted course as the reference.
d) Confirmation of contracting

Within approximately 24 to 48 business hours and once the Company has confirmed receipt of payment, EMERGENCY STAFF will send an email to the User confirming enrollment in the course along with its details.

The contract between Users and EMERGENCY STAFF is formalised at the moment the Company sends an email to the User informing them of receipt of payment (“Contracting Confirmation”). Therefore, the services listed in said “contracting confirmation” shall be the subject of the contract.

6. REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES

Despite its efforts to always maintain available spots, EMERGENCY STAFF does not guarantee its clients spot availability in in-person courses offered on its website, except for those in which a specific guarantee is explicitly stated.

EMERGENCY STAFF informs Users that the holding of offered training courses is in all cases subject to the enrollment of a minimum number of students specified for each training course. In the event that the minimum number of students specified for each training course is not reached, said course will be canceled. The Company will notify Users of this circumstance and refund only the amounts paid.

Likewise, EMERGENCY STAFF informs Users that offered training courses, especially in-person ones, may undergo changes in dates, schedules, or instructors due to causes beyond the Company’s control, such as, but not limited to: minimum enrollment not being reached, staff absence of course instructors, adverse weather conditions, or other circumstances beyond EMERGENCY STAFF S.L.’s control.

7. AVAILABILITY OF SERVICES AND CANCELLATION POLICY

EMERGENCY STAFF makes every effort to ensure that all training courses offered on the Website are available to Users at all times. However, certain courses may be temporarily unavailable. In the event that a training course is unavailable on the Website or is fully booked, the Company will indicate this so that Users are properly informed of the temporary impossibility of contracting the course in question.

EMERGENCY STAFF informs the User that courses may be canceled up to a maximum of 72 hours prior to their start date. In the event of cancellation of the course contracted by the User, the Company will refund the total amount paid for the canceled course. In any case, in the event of course cancellation, EMERGENCY STAFF will inform the User as soon as possible.

8. PRICES AND PAYMENT METHODS

The price shown for each service on the Website corresponds to its valid price at the time the User accesses it. The price shown for each service on the Website includes VAT, except for those exempt. VAT will be applied according to the corresponding rate pursuant to current legislation.

The Company shall not be obligated to provide any service at an incorrect lower price (even after “Contracting Confirmation”), if the pricing error is obvious and unmistakable and could reasonably have been recognized as such by the user and/or the Company.

EMERGENCY STAFF likewise reserves the right to change prices at any time, which will not affect, except as stated above, orders previously placed and formalised by the Company through “Contracting Confirmation”.

To pay the price of the contracted training course, the User must make a bank transfer for the price of the course to account number ES72 0081 0622 0100 0123 0926, owned by the Company, indicating their Tax ID (NIF/NIE) and the name of the contracted course as the reference. The User will also have the option to request an invoice, in which case they must request tax data from the Company.

Following the “Contracting Confirmation” and once the right of withdrawal period has expired, no refunds of the amount paid will be made.

In cases where the user has selected “debit or credit card payment” or “PayPal” as the payment method, payment will be processed automatically, barring user error or issues with the customer’s account.

9. USER’S RIGHT OF WITHDRAWAL

The right of withdrawal is the User’s option, within a period of 14 calendar days from the date of contract conclusion, to cancel the contract without having to provide any justification to the Company or incur any penalty.

EMERGENCY STAFF informs the User that the right of withdrawal will not apply once the service has been fully executed. The User consents to the loss of their right of withdrawal once service execution has commenced.

In the event of exercising the right of withdrawal, the User will receive a full refund of the amount paid for the withdrawn service.

To exercise the right of withdrawal, it is essential that the customer notify their intent to withdraw through an unequivocal statement. This notification can be made by sending an email expressing the desire to exercise the right of withdrawal to info@emergencystaff.es. The email must include personal details (full name, address, email address, contact telephone number), the contracted course, and the order date.

Once the withdrawal request is received and after verifying compliance with time and form requirements, the corresponding amount will be refunded using the same payment method used for the order. EMERGENCY STAFF will refund all payments received from the User without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

The User will receive an email confirming that the amount will be credited within the following days.

10. USER SUPPORT

The Company provides Users with the following contact telephone numbers so that they may get in touch with the Company:

24-Hour Service: (+34) 685 144 773
Office: (+34) 971 090 173

Likewise, the Company provides Users with the contact email info@emergencystaff.es so that Users can get in touch with the Company.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Website and its contents are protected under current national Intellectual and/or Industrial Property regulations. The Company is the owner or holds the proper licenses for all Intellectual and Industrial Property rights over the Website and its contents.

Any form of reproduction, distribution, public communication, transformation, making available, and, in general, any other act of exploitation, whether for commercial purposes or not, of the website or its contents, without prior express written consent from the Company, is prohibited.

The Company reserves all Intellectual and Industrial Property rights over the Website and its contents. Under no circumstances shall access to or browsing of the Website constitute or imply a waiver, transfer, or assignment of any kind by the Company of the Intellectual or Industrial Property rights of the website or its contents.

12. LIABILITY REGIME

The User must use the Website and its contents in accordance with these General Conditions, applicable legislation, and good faith. Any use of the Website or its contents contrary to these general conditions, the law, or good faith is expressly prohibited, regardless of whether such use has a financial purpose.

The User shall be liable for any loss or damage caused to the Company or third parties arising directly or indirectly from any use made of the website or its contents contrary to these Conditions, the law, morality, public order, or good faith.

The Company requires services provided by third parties to make the Website and its contents accessible. Despite the Company’s efforts to keep the Website available and accessible, availability may be suspended, interrupted, or canceled due to reasons beyond the Company’s control. Therefore, the Company does not guarantee the absence of interruptions or errors in accessing the Website or its contents, nor that they are updated or displayed in their latest version. Consequently, the Company disclaims any liability for damages that may arise for the User as a result of suspension, interruption, lack of continuity, network outage, or disconnection of the Website.

Under no circumstances shall the Company be held liable for damages arising for the User from causes not attributable to the Company, such as, merely by way of example and in no case limiting, natural disasters, force majeure or extreme emergency situations, viruses, harmful components, browser malfunction, computer intrusions, or third-party attacks.

13. LINKS

Third-party websites, platforms, forums, chats, blogs, or social networks linking to the Website must clearly state that they do not have authorization or supervision from the Company and that such link does not entail, assume, or imply an association of any kind between the Company and the linking third-party websites, platforms, forums, chats, blogs, or social networks.

In any case, any link directed to the Website must lead directly to the homepage of the website by clicking on the Website’s URL, covering the entire screen of the homepage.

The Company is under no circumstances responsible for the content, information, or data regarding the Website, its contents, or any other matter contained on third-party websites, platforms, forums, chats, blogs, or social networks linking to the Website.

Linking to the website from third-party websites, platforms, forums, chats, blogs, or social networks that are contrary to law, morality, and good customs, especially those with pornographic, illegal, unlawful content, or content violating human rights, is expressly prohibited.

On the other hand, the Website may contain links to third-party websites, platforms, forums, chats, blogs, or social networks. Despite our efforts, the Company does not possess the human and/or technical resources to know or control the information and/or content appearing on third-party websites. Therefore, the Company shall under no circumstances be responsible for the content of linked sites, and such links shall under no circumstances be considered actual knowledge of the content of the sites they link to. In the event that you notice that third-party websites, platforms, forums, chats, blogs, or social networks linked from the Website are contrary to law, you may notify the Company by email via the online form available on the website or at www.emergencystaff.es with the following information:

Personal and contact details of the complaining user: name, address, telephone number, email.
Copy of an identity document (ID card or passport).
Full identification and description of the allegedly unlawful content or the allegedly unlawful use of specific content:
- Precise and specific indication of the protected content and its location.
- Description of what constitutes the alleged unlawful content or unlawful use of the content.
- Whether or not the complaining user is the owner of the unlawfully used content.
Signed statement under the complaining user’s responsibility that:
- The information contained in the complaint is accurate and truthful.
- They are the legitimate owner of the infringed content or, if not, that they are duly authorized to act on behalf and in representation of the legitimate owner of the infringed content.

14. SECURITY

EMERGENCY STAFF informs Users that using the electronic payment system included on the Website to purchase products offered on it may constitute an electronic fraud offense when any of the following circumstances occur:

False buyer data or credit card numbers used as a payment method are provided.
Data of individuals other than the buyer are used.
The identity of third-party cardholders is impersonated.
Card numbers generated by computer software or similar algorithms are used.

The Company also informs Users that the Website incorporates appropriate safeguards and uses industry-standard technology to enhance the security, integrity, completeness, accuracy, and protection of personal data collected, and has established reasonable precautions to protect such information from loss or misuse. Its data protection and security rules are reviewed periodically and improved when necessary, and it strives to ensure that only authorized personnel can access the information provided by Users.

15. PERSONAL DATA PROTECTION AND COOKIES

As set forth in our Privacy Policy, the Company commits, regarding the use of Users’ data, to respect their confidentiality and to use it in accordance with the file’s purpose, as well as to comply with its obligation to safeguard it and adapt all measures to prevent alteration, loss, unauthorized processing, or access in accordance with current legislation on personal data protection.

The Website incorporates appropriate safeguards and uses industry-standard technology to enhance the security, integrity, completeness, accuracy, and protection of collected personal data, establishing reasonable precautions to protect that information from loss or misuse. Data protection and security policies are reviewed periodically and upgraded when necessary, ensuring that only authorized personnel can access the information provided by Users.

To learn more about the Company’s Privacy Policy, please read our Privacy and Cookie Policy.

16. DURATION AND MODIFICATION

These General Conditions will remain in effect for as long as they are displayed to Users on the Website. Once modified or updated in whole or in part, these conditions will cease to be in effect, with the new terms of use taking over the regulation of the website.

The Company reserves the right to review, modify, or update these General Conditions at any time, in which case it will post a notice on the Website’s homepage informing Users of this circumstance so they can consult revisions, modifications, or updates to their full satisfaction.

17. GENERAL PROVISIONS

Under no circumstances shall the failure to exercise rights by the Company be construed as a waiver thereof.

The section headings contained in these conditions are merely indicative or informative and do not affect, qualify, or expand their interpretation.

In the event that any of the clauses contained in these Conditions should be declared null, void, abusive, or unenforceable, in whole or in part, by a judicial or administrative body, such declaration shall individually affect only the clause in question, being deemed unwritten without the declaration of nullity, abuse, or unenforceability extending under any circumstances to the remaining conditions, which shall remain valid.

These terms of use together with the Privacy and Cookie Policy are governed by current Spanish law at all times.