Brain and Code Enrollment Contract Terms and Conditions

REGISTRATION AGREEMENT

Purchasing a course through the marketplace implies express acceptance of the terms and conditions of this agreement, as well as the specific conditions published on the selected course page on the official Brain and Code website. These conditions include details such as prices, applicable discounts, course duration, format, technical requirements, and withdrawal policy.

IDENTIFICATION OF THE TRAINING CENTER OWNER

The contracted course will be tutored and facilitated by qualified personnel, dependent and/or designated by Brain and Code SL, with CIF nº B72407810, hereinafter “The Center”, registered office at Calle Uribitarte 6, 2nd floor, CP 48001, Bilbao, Bizkaia.

ACCEPTANCE OF MARKETPLACE TERMS AND CONDITIONS

Acceptance of this contract will be considered valid and binding upon confirmation of purchase made on the Brain and Code marketplace, through the mechanisms enabled on the platform. This acceptance will have the same legal effect as a physical signature.

RIGHT OF WITHDRAWAL

The PARTICIPANT may exercise their right of withdrawal within fourteen (14) calendar days following the purchase of the course, provided that it has not been fully completed, pursuant to Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws. In the case of courses purchased through the marketplace, the course will be considered completed when the PARTICIPANT has accessed the digital platforms or received the access credentials.

By signing this contract, the PARTICIPANT expressly states that they are aware that, once the contract has been fully executed by Brain and Code, they will have lost their right of withdrawal in accordance with the provisions of articles 102 to 108 RDL 1/2007.

To exercise the right of withdrawal, the PARTICIPANT must send a communication to the Brain and Code address within the deadline. If the PARTICIPANT exercises their right of withdrawal , the Contract will be terminated, and the PARTICIPANT will be returned the price paid for the contracted service less any administrative expenses that may arise.

GENERAL TERMS AND CONDITIONS OF THE CONTRACT

 

  1. OBJECT AND DURATION.

The purpose of this contract is the delivery of the non-formal education training course: COURSE CONTRACTED BY THE PARTICIPANT IN THIS ACT .


  1. TRAINING COURSE

Format: Online

The training course purchased by the PARTICIPANT through the marketplace, and consequently accepted by this agreement, will be delivered ONLINE. The PARTICIPANT can review the terms and conditions of this course before accepting this agreement on our website https://brainandcode.tech/

  1. TRAINING PROJECT AND DURATION:

For training activities in the form of courses, workshops, bootcamps, master courses, or training packages, the duration of access to the center's platforms will be ⅓ more than the time planned for the training stipulated in the contracted program.

The PARTICIPANT accepts that he/she has read the detailed program and its expected duration, indicating the start and end dates, and the total number of teaching hours and, where applicable, practical hours.

In the event of exceptional changes during the program (such as modifications to the date or time of sessions, or changes in the teaching team), the PARTICIPANT will be informed in advance and provided with all the necessary resources to attend the session without inconvenience. If the participant has obtained funding through FUNDAE, it will be their responsibility to notify the institution or the corresponding fund management company of these changes.

  1. PRICE OF SERVICES PURCHASED (COURSE/S), AND PAYMENT CONDITIONS:

The price of the services purchased (course/s or program/s) will be the price indicated on the marketplace at the time of purchase. Payments can be made using the digital methods enabled on the platform, such as credit/debit cards, bank transfers, or online payment services. The invoice will be issued automatically and sent to the email address provided by the participant upon registration on the marketplace.

  1. FORCE MAJEURE. CONCEPT AND CAUSES:

In the event that, due to force majeure, Brain and Code is obliged to suspend the delivery of the course or program, or has to modify the initial conditions agreed, in such a way that the PARTICIPANT is forced to abandon it, the parties agree that Brain and Code will return to the PARTICIPANT the proportional part corresponding to the part of the training not delivered in that case.

In relation to the PARTICIPANT, force majeure is understood to be any unforeseeable and/or unavoidable circumstance beyond the PARTICIPANT's control , meaning that they could not foresee it or prevent its effects, as they have no control over it. In any case, Brain and Code will conduct an individualized study according to the PARTICIPANT 's circumstances to determine whether the alleged cause is "force majeure or not".

Force majeure shall not be understood to exist during the contractual relationship or after the formalization of the contract in the following cases:

  • Total unemployment

  • When the PARTICIPANT voluntarily ceases the work he/she performs.

  • When the PARTICIPANT has been dismissed

  • Partial unemployment

 The declaration of permanent incapacity, temporary incapacity and/or hospitalization of the PARTICIPANT resulting from or being a consequence of the following situations will not be considered force majeure:

  • Illness, ailment, injury or condition diagnosed or originated or treated medically prior to the start of the formalization of the training contract.

  • Surgical interventions and medical treatments requested by the PARTICIPANT exclusively for aesthetic reasons, provided that they are not due to the aftereffects of an accident.

  • Injuries or illnesses caused voluntarily or self-inflicted by the PARTICIPANT . 

The party invoking a force majeure event must notify the other party within five business days of the event occurring. Once notified by any verifiable means, the PARTICIPANT 's case will be reviewed individually.

  1. VOLUNTARY WITHDRAWAL OF THE TRAINING COURSE PARTICIPANT (SERVICES ACQUIRED):

The PARTICIPANT will not be entitled to any refund if, having begun the contracted training, they abandon it of their own volition. The exercise of the Right of Withdrawal regulated in this contract is excluded from the application of this clause.

In the event of opting for an installment payment plan, the PARTICIPANT must pay the full amount owed and will not be entitled to a refund if, having begun the training, they voluntarily withdraw from it. The exercise of the Right of Withdrawal regulated in this contract is excluded from the application of this clause. 

  1. SPECIAL CONDITIONS FOR PARTICIPANTS RECEIVING SCHOLARSHIPS:

Participants who receive scholarships must maintain at least 90% attendance and complete the course within one (1) month of the official end date. Failure to meet this requirement will require the participant to reimburse the full scholarship amount within thirty (30) calendar days of notification of the non-compliance.

  1. DIPLOMA ISSUANCE:

The participant will receive certification attesting to their completion of the training course, as outlined in the curriculum, which can be accessed via the link provided by the Brain and Code tutoring and operations department. The certificate will be issued provided the participant's academic performance at the end of the course is satisfactory; otherwise, they will be entitled to a certificate of attendance.

  1. OBLIGATION OF CONFIDENTIALITY AND INTELLECTUAL PROPERTY:

In the event that, due to reasons related to the PARTICIPANT 's situation , they come into possession of information, either verbally or through documents within their reach, that may contain personal data or confidential or strategic information of Brain and Code, it shall be understood that such possession is strictly temporary, with an obligation of secrecy, and without granting them any right of possession, ownership, or copying of said information, and without it being disclosed to third parties. Continued use of the information in any format or medium other than that agreed upon and without the knowledge of Brain and Code will constitute a serious breach of this contract and may constitute a crime of disclosure of secrets.

The intellectual property rights to all content belong to Brain and Code or to third parties who have obtained prior authorization for its use. Unauthorized reproduction, distribution, commercialization, or transformation, in whole or in part, of the course or program content and its materials constitutes an infringement of Brain and Code's intellectual property rights.

  1. DATA PROTECTION: (Data Privacy Policy)

By registering and purchasing a course on the marketplace, the PARTICIPANT authorizes the processing of their personal data in accordance with current data protection regulations and Brain and Code's privacy policy. The data will be used exclusively to manage registration, access to course content, and any necessary communication related to the purchased course.

You can view the full policy at:

https://programas.brainandcode.tech/terminos-y-condiciones-y-politica-de-privacidad 

or by scanning the QR code:

Responsible party : Brain and Code

Purposes : To develop the teaching service that is the subject of this contract

Duration : While this contract is in force

Legitimation : By signing this contract, the PARTICIPANT expressly consents to the use of their personal data in everything necessary for the delivery of the contracted Course or program.

Recipients : Parties identified in the contract, service providers, and financial institutions, where applicable. Except where legally required, no further data will be transferred to third parties unless authorized by the PARTICIPANT.

Rights : Access, rectify, and delete your data; and other rights explained in the additional information . https://brainandcode.tech/pages/politica-de-privacidad

  1. JURISDICTION

This contract is governed in all respects by Spanish law and is written in Spanish. As the consumer is protected by consumer protection regulations, they may file a claim or lawsuit in the courts of their domicile.

Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Bilbao (Spain), in the following cases:

  • That the buyer has their domicile outside the European Union and in that country there is no bilateral or multilateral agreement with Spain that prevents the possibility of setting the express submission of the jurisdiction;

  • If it is a sale made by a company acting within the scope of its business or professional activity.

  1. DISPUTE RESOLUTION IN ONLINE PURCHASES

In the event of disputes related to the purchase of courses through the marketplace, the PARTICIPANT may contact Brain and Code's customer service department via the email address specified on the website, namely info@brainandcode.tech . If no agreement is reached, both parties agree to submit to the jurisdiction of the courts of Bilbao, Spain, as stipulated in this agreement.