CREATE, PLAY & LEARN, S.L. provides an online service that allows you to purchase a license to use the platform in accordance with the agreed type and level of service.
This document sets out the "LICENSE TERMS AND CONDITIONS" governing the functioning of this Website and the purchase of licenses through educaplay.com. By using the Website you accept these LICENSE TERMS AND CONDITIONS.
These LICENSE TERMS AND CONDITIONS have been drawn up in accordance with the provisions of:
Article 10.1 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11 (LSSICE); Royal Legislative Decree 1/2007, of 16 November, which approved the Revised Text of the General Consumer and User Protection Act and other supplementary laws; Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013; and Royal Decree 7/2021, of April 27.
In accordance with the Spain's Information Society and Electronic Commerce Services Act 34/2002 of 11 July (LSSICE), we hereby notify you that this Website, educaplay.com ("the Website") is owned by: CREATE, PLAY & LEARN, S.L., [hereinafter "Educaplay"] with tax ID number (NIF): B26529560, listed in the Logroño Companies Register, Volume 796, Folio 42, Sheet LO-16561, 1st entry, and with the following contact details:
The purpose of these LICENSE TERMS AND CONDITIONS is firstly to inform users of the terms and conditions and types and levels of service under which Educaplay will grant licenses; and secondly to provide information about the rights and obligations of the parties in the context of the customer (hereinafter "the User", "Users" or "you") entering into an agreement with Educaplay.
These LICENSE TERMS AND CONDITIONS shall apply without restriction or qualification to all license purchases made via the Website. Thus, by placing an Order, you acknowledge that you understand that you are purchasing a license and that you understand and fully and completely accept the LICENSE TERMS AND CONDITIONS.
Educaplay reserves the right to change unilaterally these LICENSE TERMS AND CONDITIONS at any time. However, those that you, as the User, has accepted at the time of purchasing the license shall apply to the agreement.
For the purposes of these LICENSE TERMS AND CONDITIONS, it is understood that the business activity which Educaplay conducts through its Website includes the following:
Platform that allows the creation of multimedia educational activities depending on the license purchased.
By simply accessing the Website, you are deemed to be a User of it.
Use of the Website's services is non-chargeable and involves no commission or cost of any kind for accessing the site, with the exception of the costs of connecting through your selected telecommunications network provider, the costs of which are to be borne by you.
Accessing through third-party applications (such as Facebook) means that the access security provided via such channel is the responsibility of those organisations. The Website further disclaims any direct or indirect responsibility for systems crashes or its non-availability, or any similar situation.
You are responsible for any of your content that is published, including its veracity. You are solely responsible for any false, inaccurate or out-of-date statements made as well as for any damage caused in this regard to Educaplay or to third parties as a result of an infringement of this duty.
By using this Website, you agree that the majority of communications with Educaplay will be done electronically (via email and notices posted on the Website).
For contractual purposes, you consent to using this electronic means of communication and acknowledge that all agreements, notifications, information and other communications sent electronically by Educaplay meet the legal requirement that they be in writing. This does not affect your statutory rights.
You may send notifications to and/or communicate with Educaplay using the contact details stated in these terms and conditions and, where applicable, through the contact section of the Website. Similarly, unless otherwise stipulated, Educaplay may contact you and/or send you notifications via the email address or postal address you have provided.
You undertake to make reasonable use of the Website's services and to comply with the LICENSE TERMS AND CONDITIONS, and agree that Educaplay reserves the right to limit such use if it deems it appropriate.
The Website is covered by the laws of Spain. Educaplay gives no warranty that the Website complies with the laws of other countries, either in whole or in part. Educaplay declines any liability arising from such access.
The following are strictly forbidden:
The Website is protected by intellectual and industrial property rights. By way of example, these include but are not limited to: the content, graphic design, source code, logos, text, graphics, illustrations, photographs and other elements that appear on the Website. You therefore recognise that the reproduction, distribution, marketing, transformation and, in general, any form of exploitation using any procedure of all or part of the Website constitutes an infringement of Educaplay's intellectual and industrial property rights (or those of its owner) unless you have obtained prior express authorisation.
Any use outside of Educaplay - including the reproduction, modification, distribution, transmission, republication, rearrangement or representation of any elements thereof - is strictly prohibited except with Educaplay's express written consent.
You may not modify or use the intellectual and industrial property in such a way that its disclosure would be detrimental to Educaplay.
Educaplay will claim for any damages arising from third parties' improper use of its intellectual and industrial property.
Educaplay does not grant any kind of license or authorisation of use over its intellectual and industrial property rights or any other rights or property related to the Website, the services or contents.
If you infringe intellectual and/or industrial property rights or any other third parties' rights, you will be warned by Educaplay as and when it becomes aware of such infringement and you will be required to cease publication of the infringing content. In this case, you will be liable for such infringements.
If any person or entity considers that the content published on the Website infringes their rights to honour, privacy, image or any other right, they can communicate this to Educaplay using any of the contact options listed on the Website, quoting "Infringement of Rights" in the subject line and requesting that it be removed. Please also provide the following information:
Educaplay will handle the request and if it considers that the person or organisation has provided justified reasons or grounds for requesting the withdrawal of such content, it will immediately remove it from the Website so that it is not accessible to Users, including from cache memory.
The use, functionalities and limitations of Educaplay depend on the license type and level purchased. You will not therefore have access to additional functionalities beyond those included under the specific license.
Features and benefits of the Basic Plan
Features and benefits of the Advanced Plan
Features and benefits of the Academic Plan
Features and benefits of the Commercial Plan
You can agree the license and services with Educaplay in any of the languages in which these LICENSE TERMS AND CONDITIONS appear on the Website.
Fees shown are in us dollars (USD) and based on the period (monthly or yearly) selected. These are the prices that apply when entering into the agreement. The meaning of the term "Agreeing the license" is described in paragraph 9.2 of these LICENSE TERMS AND CONDITIONS. The fee for the license shown on the Website may be changed by Educaplay at any time, and the applicable fee will be as displayed at the time of agreeing the license and until the end of the term of the license.
Prices include Value Added Tax (VAT) which, if appropriate, may apply on the date of your purchase in accordance with current rules and regulations. Any changes to the applicable VAT rate will automatically be reflected in the license purchase prices displayed on Educaplay's Website.
Registered Users automatically get the Basic Plan free of charge. You can buy licenses for Advanced, Academic and Commercial Plans as described on the Website, and thus benefit from any applicable additional functionalities. You can buy up to 99 licenses at a time via the Website. If you need to buy more licenses, please contact Educaplay via firstname.lastname@example.org.
Buying a license implies your acceptance of these LICENSE TERMS AND CONDITIONS, notwithstanding any Particular Terms and Conditions to which the Parties agree.
You will need to follow educaplay.com's purchase process, selecting the plan that best suits your needs and adding it to your online cart or shopping basket. You will have the opportunity to check your purchase details and correct any errors before confirming. Once you have confirmed your Order (hereinafter, "the Order") by clicking on the "CONFIRM AND PAY" button, you will be deemed to have knowingly accepted the purchase terms and conditions and, in particular, that by placing your Order you accept the obligation to pay.
Your purchase of your selected plan will be confirmed by Educaplay via email ("purchase confirmation and welcome email"). This will contain information on the essential features of your selected Plan.
Please note: this email will be sent to the email address provided for identification purposes during the registration process, prior to making your purchase. If applicable, this information will also be shown in your personal user area within the Website.
Educaplay shall not be held liable for any errors made when you enter your email or for non-receipt of the purchase confirmation email. If you do not receive the confirmation email, please send an email to email@example.com.
Once the purchase process is complete, you are entitled to a paper invoice for your purchase. Electronic invoices are issued on the basis of your prior express consent, given during the purchasing process. You can revoke this consent at any time, by sending an email to firstname.lastname@example.org.
Lastly, Educaplay reserves the right to suspend or cancel the purchase of a license in the event of non-payment or partial payment of any amounts owed by you, or where there are issues with payment, or in the event of successful or attempted fraud related to the use of Educaplay's Website, including fraud committed in connection with previous orders.
In accordance with applicable regulations, before making your purchase you will be able to read about the main features of the products/services you wish to purchase through Educaplay's Website. Products/services shall comply with applicable Spanish legislation. Educaplay therefore assumes no responsibility in the event of non-compliance with other countries' legislation.
It is your responsibility to check with your country's local authorities any limits that apply to the products/services you wish to purchase for use.
For any questions regarding the products or requests for advice, please email customer services: email@example.com.
You can request an estimate for the plan you wish to purchase by clicking on the "Estimate" button under the "Premium" section of the Website. You will automatically be able to download the requested estimate in PDF format.
The quote includes the "Pay for me" link, which allows you to conveniently complete the purchase process.
The Website offers the "Pay for me" option for situations where the Plan is to be used by a User (beneficiary of the plan) but the invoice is to be sent to and paid by another person or company.
There are two quick and easy options for doing this:
Once the full purchase process has been completed, Educaplay will send a confirmation email to the User (beneficiary of the Plan) as well as the person who made the payment.
The person making the payment always receives an invoice for the payment made along with a link to change or cancel the Plan.
When a Plan is taken out using the "Pay for me" option, any changes the User (beneficiary of the plan) wishes to make to the agreement will lead to the Website automatically generating a confirmation email that the payer will need to confirm. In other words, the User (beneficiary of the plan) cannot cancel or take out a plan without the payer's prior authorisation.
You can pay for purchases on the Website using the following forms of payment: bank card and PayPal. The Educaplay Website accepts any bank cards that are included on the Stripe platform at the time of purchase.
Credit cards are subject to verification and authorisation by the issuing bank. If the bank does not authorise the payment, Educaplay shall not be responsible for any delay or non-delivery and will be unable to confirm the transaction.
If the User uses PayPal to make the payment, the Website will automatically redirect them to PayPal's website so that they can make the payment quickly and securely.
All Purchases must be paid for in us dollars (USD)and include all applicable taxes and duties. Bank charges, if any, are borne by the purchaser.
To ensure the security of payments made using a bank card, you will be asked to provide Educaplay with the 3-digit card verification value (CVV) on the reverse of the bank card.
Educaplay uses all measures to ensure the confidentiality and security of payment details you send as part of transactions made via the Website. As part of this, the Website uses a secure SSL (Secure Socket Layer) payment system.
The license agreement comes into force from the time it is agreed and the corresponding payment is made. Its duration will be in line with the purchased license (monthly or annual).
The purchased license will be automatically renewed for an additional year or month, depending on the subscription period purchased. At the end of the agreed plan period, the amount for the new monthly or annual payment will be automatically charged.
If you do not wish to renew the license agreement, you can cancel at any time via the private "Plan" area of your profile, up until the renewal date itself, by clicking on "Cancel Plan". You can also check the renewal date online at any time through your profile.
You can cancel your subscription at any time from the "Plan" area of your profile. Once a plan has been cancelled, the subscription will not be renewed and no fee will be charged, and the plan will revert to the Basic Plan.
If you cancel your plan, you can continue using it until the end of the subscription period.
Any information stored in your account must be downloaded before cancellation or non-renewal of your plan, as once an Advanced, Academic or Commercial Plan is ended, you will not be able to access the scores that have been stored.
Educaplay hereby notifies you that, once the contractual relationship has ended, your data will be kept for two (2) years. Therefore, if you take out the same plan again during this period, you will be able to access the data that was in your account (depending on the selected plan).
In accordance with applicable regulations, you have up to 14 calendar days from when the agreement is made to exercise your statutory right to cancel without giving any reason.
This cooling-off period expires 14 calendar days after the day the agreement is made.
In line with regulations, there are exceptions to the legal right to cancel, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November. This includes but is not limited to Purchases relating to:
The consumer or User should therefore be aware that if they begin using the agreed digital service, they will forfeit their statutory right to cancel.
Where the agreed products/services are subject to the statutory right to cancel, if you exercise this right under the terms and conditions set out here, you will be entitled to a refund of the sum paid for purchasing the agreed products/services.
The refund of the amount paid shall be made without further delay, and always within 14 calendar days from the date on which Educaplay is notified by you of your wish to exercise your statutory right to cancel.
Educaplay may prevent the consumer or User from using the digital content or services after the right-to-cancel date - in particular by making the digital content or services inaccessible to the consumer or User or by disabling their account.
In order to exercise your right to cancel, you need to clearly and unequivocally state that you intend to withdraw from the purchase agreement. You can do this by any of the following means:
Educaplay shall promptly acknowledge receipt of your wish to withdraw.
You are solely liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, features and functioning.
Where you are withdrawing from the agreement, you shall refrain from using the digital content or service and from making it available to third parties.
For up to 48 hours after any payment is made, you may cancel the new agreed period or plan renewal and request a refund of the amount paid, by sending an email to: firstname.lastname@example.org.
Educaplay will send you an email to confirm your request, and will reimburse the corresponding amount as soon as possible, and using the same payment method originally used.
If you cancel the new agreement or license renewal from the "Plan" area of your online profile but do not request a refund via email (which must in any case be within 48 hours of making payment), you will not receive a refund and the plan will simply not be automatically renewed upon expiry.
In accordance with applicable regulations, Educaplay is required to deliver products that conform to the agreement and is therefore liable for any non-conformity that exists at the time of delivery.
In order to conform with the agreement, the goods and digital content or services must in particular, and where applicable, meet the following requirements:
In addition to meeting any of the above requirements, the goods and digital content or services must meet the following requirements:
In regard to agreements for the sale of goods that have digital elements, or the supply of digital content or services, Educaplay shall ensure that any updates, including security updates, that are necessary to maintain conformity, are communicated and supplied to the consumer or User within any of the following periods:
Should the consumer or User fail to install the updates provided in accordance with the previous paragraph within a reasonable time, Educaplay shall not be liable for any lack of conformity caused solely by the absence of the update in question - provided that the following conditions are met:
Where the agreement provides for the ongoing supply of digital content or services over a period of time, the digital content or services must be compliant throughout that period.
For more information about Educaplay's Post-sales Service for Website Users, please email: email@example.com.
When it is related to the legal guarantee regarding conformity:
The legal guarantee regarding conformity applies irrespective of any other commercially agreed guarantee.
For any claim relating to the legal guarantees, you should contact Customer Services as described in these LICENSE TERMS AND CONDITIONS.
These provisions do not exclude the right to cancel set out under Point 12.
Educaplay shall be liable to you, the consumer or User, for any failure of conformity at the time the digital goods, content or service are delivered, and you may make a simple declaration to require that Educaplay:
In the event that Educaplay needs to reimburse you as a result of a price reduction or termination of the agreement, this shall be done without undue delay and always within 14 days from the date on which the company has been notified of your decision to exercise your right.
Educaplay will make the refund as set out in the previous section using the same means of payment used when you purchased the product or digital content or services, unless otherwise expressly agreed between the parties, and provided that it does not entail any additional cost to you.
Educaplay hereby informs you, as the consumer or User, that in order to guarantee access to the digital goods or services over the agreed period, Educaplay may make changes to the digital content or services beyond what is necessary to maintain its conformity, and to meet the following requirements:
You have the right to terminate the agreement if the change adversely affects your access to or use of the digital content or services, unless such adverse effect is minor in nature.
In this case, you will have the right to terminate the agreement at no charge within thirty (30) calendar days from receipt of the notification or from the point when Educaplay modifies the digital content or services, if this occurs subsequently.
Educaplay guarantees that it will apply correct security and management measures regarding the processing of any personal data you have provided and which is needed for making online transactions. The sole purpose of using your login details is to verify your identity, which is required to confirm your Purchase. Sending your bank card number and the confirmed validation of your Purchase will serve as proof that it has been accepted and of your obligation to pay any applicable sums. The computer records held by Educaplay and its associates shall be taken as proof of communications, purchases and payments made between the Parties.
In particular, you are responsible for maintaining the security of your online transactions and/or password. Educaplay does not, therefore, under any circumstances assume any liability for the fraudulent use of these details.
For any additional information or query regarding the status of your purchase or any related returns or complaints, please contact Educaplay's Customer Services:
Prior to placing an order, you declare that you have full legal capacity (over 18 years of age) to be bound by these LICENSE TERMS AND CONDITIONS. Consequently, if someone who does not have legal capacity places an order on Educaplay's Website, their legal guardians (parents or guardians) assume full responsibility for the purchase and, in particular, are required to pay the applicable price.
Unless otherwise legally provided for, Educaplay accepts no liability for the following losses, regardless of their origin:
Educaplay's liability is also limited in the following situations:
In general, Educaplay will not be liable for any failure or delay in meeting any of its obligations where this is due to events beyond its reasonable control - that is, due to reasons of force majeure. This includes but is not limited to the following:
The obligations will therefore be suspended for as long as the cause of force majeure goes on, and Educaplay shall be given an extension to its period for meeting its obligations equal to the duration of the cause of force majeure. Despite the causes of force majeure, Educaplay will make all reasonable resources available to finding a solution that will enable it to comply with its obligations.
If you wish to display content from Educaplay's Website on your own website, you can put a link on your website to Educaplay's home page.
Websites that provide a link to Educaplay's Website may use Educaplay's trademark, logo, trade name and/or any other distinctive sign only and exclusively under the circumstances legally authorised or expressly permitted by Educaplay.
You may not in any way reproduce Educaplay's Website on your website, or establish frames or frameworks of any kind around the Website or allow it to be viewed through different internet addresses, or in conjunction with content from outside the Website, in a manner that leads or is likely to lead to the public mistaking or confusing the source of the content, or which involves making unfair comparisons or imitations, or exploits Educaplay's reputation and trademark, or is otherwise prohibited under applicable law.
If you place a link on Educaplay's Website, you may not under any circumstances make false or inaccurate statements about Educaplay, its staff and/or users or the quality of the content offered.
Any websites that link to Educaplay's Website shall not offer illegal, harmful or immoral content, that produces or may produces the false idea that Educaplay supports or endorses the ideas, statements or actions of such users, or that are inappropriate in relation to the activity carried out by Educaplay.
To help users search for information or services of interest to them, Educaplay's Website may include hyperlinks or links to other websites that are not owned or controlled by it. Educaplay does not control the content, legal terms, privacy policies or practices of third-party websites and assumes no liability for them.
You acknowledge and accept that access to other websites does not imply that Educaplay recommends and approves their content, and that Educaplay shall not be responsible for any loss or damage that users suffer, as a result of the availability of such websites, or based on any credibility given to the completeness, accuracy or existence of any information offered through such websites.
Educaplay will remove from the Website, or prevent access to, any links that refer to activities that are illegal or harmful to the rights or property of a third party, provided that a competent body has stated this to be the case, as provided for under current regulations.
The Website may host advertising content. Advertisers are solely responsible for ensuring that material submitted for inclusion on the Website complies with any applicable laws. Educaplay shall not be liable for any errors, inaccuracies or irregularities in advertisers' or sponsors' content.
You can exercise your rights of access, rectification, erasure, objection and (where applicable) data portability and restricted processing, by sending an email to firstname.lastname@example.org. You can view additional and detailed information on data protection at: educaplay.com
You can send any complaints or claims to Educaplay using the contact details provided at the top of these Terms and Conditions (General Contact Information).
Educaplay will respond to any complaints received as soon as possible and always within no more than one month from when the complaint is submitted.
Educaplay also holds complaint forms for consumers and Users. Simply request one at any time, using the contact information provided at the start of these Terms and Conditions (General Contact Information) or using the following form:
If a dispute arises between you and Educaplay regarding this purchase agreement, you are entitled to request an out-of-court dispute settlement in accordance with Article 14.1 of EU Regulation 524/2013 of the European Parliament and of the Council, of 21 May 2013, regarding online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this via the following website: https://ec.europa.eu/consumers/odr/
Should one or more of the provisions of these LICENSE TERMS AND CONDITIONS be deemed invalid or declared invalid under any law or regulation, or as a result of a final decision taken by an enforcing authority, the remaining provisions shall remain in full force and effect.
Any failure of either party to exercise its rights in the event of breach by the other party of any of its obligations under these LICENSE TERMS AND CONDITIONS shall not be construed as a waiver of future breaches of the obligation in question.
These Terms and Conditions are governed by Spanish law. For the purposes of resolving conflicts, the parties waive any other jurisdiction and submit to the courts and tribunals of the User's domicile or, where applicable, to the place where the obligation is delivered or provided.
These LICENSE TERMS AND CONDITIONS shall remain in force until the agreement between the parties comes to an end and each party's obligations have expired. They are subject to change and it is therefore the customer's responsibility to review them periodically, especially when placing an order, as the Terms and Conditions shall apply at any given time.
Date Terms and Conditions reviewed: September 2022