Terms and conditions of use
Legal warning
The Terms and Conditions of Use (hereinafter TERMS AND CONDITIONS) that are presented below constitute the agreement between dBarrestudio (hereinafter dBarre) and any browser (hereinafter USER) applicable to the use of the content, products and services offered by dBarre www.dbarrestudio.com .
This document together with our (Privacy Notice, see below) comprise the terms under which dBarre provides its services on the dBarre Portal. Likewise, the use of your personal data provided will be governed by our (Privacy Notice, see below).
You must understand that, by requesting services, products and / or use of dBarre, you agree to be bound by these TERMS AND CONDITIONS; Please read this document carefully before taking any action.
If you agree, you must check the box confirming that you accept the TERMS AND CONDITIONS. Please consider that if you refuse to accept them, you will not be able to access our dBarre services.
TERMS AND CONDITIONS OF USE
1. Presentation and our role
1.1. DBarre data: dBarrestudio is a study of classroom and online barre classes. dBarre provides the following contact information so that the user can access any clarification:
Business name:
Daniela Maria Garcia Garcia
Tradename:
dBarrestudio
Turn:
Physical conditioning, barre classes.
Website:
Home:
Boulevard Adolfo López Mateos Num. 138
Between Pino Suarez and Francisco I. Madero.
CP 87040
Ciudad Victoria, Tamaulipas
Mexico
Our customer service email is dbarrestudio@outlook.com . Through this you can request clarifications, formulate the complaints that you consider appropriate, as well as carry out actions related to your personal data.
1.2. Service: dBarre offers online barre classes where you can select any of our price packages to take your classes through our online page of our library or classes that are broadcast live on selected days.
1.3. Contents: Through dBarre, Users will have commercial and advertising information, their own or from third parties, at their disposal in accordance with good commercial customs. In these cases, dBarre does not endorse, guarantee and / or or commit its responsibility towards the services and / or products that are marketed by third parties, since dBarre in such case is only a communication and advertising channel, but not a tool provision of services for said advertising products; Consequently, it is the total responsibility of the Users to access the content that the advertising sends, assuming the obligation to verify and know the terms of the services offered by third parties.
All the information made available in dBarre, such as images, advertising, names, brands, slogans and other elements of intellectual property, are legitimately used by dBarre either because they are their property, because they have authorization to make them available or because they are empowered by current applicable legislation.
2. Access and conditions
2.1. Access to dBarre, through the dBarre Portal: There are dBarre areas that are open to the public, so they can be visited and accessed without having to register their data to create an account. Any action to access or attempt to access the parts of dBarre of the dBarre Portal that are not public or intended to be used by Users may be the subject of appropriate legal actions, including but not limited to those corresponding to illicit access to computer systems .
2.2. Acceptance of the Terms and Conditions: By accessing or continuing to use any part of dBarre, the User accepts the corresponding terms and conditions and, where appropriate, any modifications that may arise. The User expressly declares to have the legal capacity to use the dBarre Portal and to celebrate the purchases that may be generated. Likewise, it states that it has supplied real, truthful and reliable information; Therefore, you declare that you have read, that you understand and that you accept all of the assumptions provided and regulated in this TERMS AND CONDITIONS document, for which you undertake to fully comply with the duties, obligations, actions and omissions expressed herein. If you do not accept the terms and conditions that apply, you must abandon it immediately, and you will not be able to place orders through them. In the event that Users from other countries use the dBarre Portal, they are fully subject to the provisions of these TERMS AND CONDITIONS.
The Username or email and password (hereinafter the Authentication Factors), or the authentication factors provided by Facebook that you use to access your account through the dBarre Portal constitute for all legal purposes an electronic signature, Therefore, all actions carried out with them will be attributed directly and personally, unless proven otherwise.
2.3. Review of the terms and conditions: dBarre may review the TERMS AND CONDITIONS at any time, so the User must check the content periodically, as it will be subject to those in force at the time they make use of our online services of dBarre, through the dBarre Portal. The continued use of dBarre, after the publication of the new updates to these TERMS AND CONDITIONS constitutes your acceptance of said changes.
2.4. User Responsibility: It will be your sole responsibility to carry out everything necessary to have access to dBarre. The User assumes the consequences of allowing third parties to access dBarre through their devices, their profile and / or their Internet connection, since all actions carried out by such means will be attributed to the User personally. Likewise, you must ensure that those third parties know the TERMS AND CONDITIONS and comply with them. The User undertakes to notify dBarre, immediately and by suitable and reliable means, of any unauthorized use or entry of their profile. DBarre reserves the right to request from the User some proof and / or additional data in order to corroborate the personal data, as well as to temporarily or permanently suspend that User whose data could not be confirmed.
2.5. Electronic commerce: In compliance with the Mexican provisions on data messages according to the Federal Civil Code, it is communicated that Mexican legislation recognizes the validity of messages by electronic means and therefore they acquire a probative character and entity. Consequently, the User understands that by means of the crossing of messages by electronic means, the User and dBarre may give rise to the birth, modification and termination of obligations, the content, consequences, responsibilities and effects of the information generated being their exclusive source. .
3. The User's status
3.1. Capacity and Age of Majority: By placing an order using dBarre you warrant that:
3.1.1. Has the necessary legal capacity to enter into binding contracts;
3.1.2. You are a natural person over eighteen (18) years old; and
3.1.3. It states that for the conclusion of the sale it has full legal capacity to be subject of rights and obligations, qualities endorsed at the time of generating its registration.
4. Description of the service (how to place an order, how it is processed, payments)
For the purchase process, Users must be fully identified in their User account and follow the following procedure:
In order to access the dBarrestudio platform, you will have to perform the following steps:
Register from the start menu at ¨Login¨
Select the plan to pay (monthly or quarterly).
Make the payment with your credit card, debit card or Paypal.
Once your payment is made, you will have immediate access to the platform to start your classes.
The payment is due 30 days from the date of payment.
4.5. The User disclaims any liability of a legal nature to dBarre and undertakes to personally assume, but not limited to, the consequences related to the legality, quality, image, price, of that product (s) and / or services exhibited in dBarre.
4.6. Payment methods:
4.7. Card payments: We have the service of payment processing providers through the Internet whose technology does not require dBarre to store your credit or debit card data for the payment of our services and products in dBarre. The handling of your personal property data is subject to Stripe's Privacy Notice.
4.8. Rejected orders: Due to banking practices, once you have placed an order by credit or debit card and the payment has been authorized, the acquirer of the operation will retain the total amount of your order from the means of payment that you have issued by its issuer, whether it is a credit or debit card. If your order is rejected or canceled for any other reason, you must manage the return of the resources to the issuer of the card with which you made the payment, who will determine the origin of such return, thus releasing us from all responsibility. .
5. User Service
5.1. General: In accordance with the provisions of section 10, our User Service team will try to the extent of its competence to resolve any doubt or clarification that you may have with your order. You can contact our customer service by sending an email to dbarrestudio@outlook.com or by calling the phone number +52 1 834 101 9562.
6. License
6.1. Permitted conditions of use: You may use dBarre, through the dBarre Portal, for your personal non-commercial use, as long as you respect the following rules:
6.1.1. You will not be able to carry out fraudulent use of dBarre, such as hacking or scrapping.
6.1.2. Unless otherwise established, the copyright and other intellectual and industrial property rights in dBarre and the content published therein (including, but not limited to, photographs and graphic images, videos, as well as signs flags, headers and others) are owned by dBarre. These works are protected by laws and conventions on intellectual property and copyright, and all rights are reserved. For the purposes of the TERMS AND CONDITIONS, any total or partial use is prohibited, including extracts from dBarre other than that established in this section.
6.1.3. It is prohibited to modify the digital or paper copies of any content, in accordance with section 6.1, and you may not use any drawing, image or any other graphic, video or audio sequence, independently of any accompanying text.
6.1.4. It must be ensured that the character of dBarre as the owner of all content in dBarre that is not expressly indicated otherwise is always recognized as such.
6.1.5. You may not use any of the contents of dBarre, nor the dBarre Portal itself for commercial purposes, without previously obtaining an express license in writing from dBarre to do so.
6.2. Limitations of use: No part of dBarre may be reproduced or stored in any other portal or mobile application, or included in any electronic system or service, public or private, without any prior written permission from dBarre.
6.3. All rights reserved: All rights not expressly granted in these TERMS AND CONDITIONS are reserved.
6.4. Software license: To make use of dBarre, through the site, it grants the User a free, temporary, non-exclusive and non-transferable license to request the services offered through dBarre. For this purpose, the User agrees to refrain from altering, modifying, adapting, sublicense, translating, alienating, reverse engineering, decrypting, decompiling or otherwise disassembling in whole or in part any portion of dBarre and / or the files or programs computation that compose them, or encourage any third parties to do so on their behalf or not, with or without profit. The objects of this license may be modified at any time, as well as it may be unilaterally revoked at any time by dBarre, even without prior notice.
7. Access to the service
7.1. Website availability: Although dBarre tries to ensure that it is available normally twenty-four (24) hours a day seven (7) days a week, dBarre will not be responsible in case of not being available at any time or during any time frame
7.2. Suspension of access: Access to dBarre may be suspended temporarily or permanently and without prior notice.
7.3. Information security: In order to comply with the Federal Consumer Law and the Federal Law on Protection of Personal Data in Possession of Private Parties and its Regulations, dBarre adopts the physical, administrative and technical security measures necessary to protect your information. ; however, we cannot fully guarantee the security of your data transmitted to dBarre, through the dBarre Portal, taking into account the conditions of the device and / or the connection you use to make use of dBarre. Therefore any transmission will be at your own risk.
8. User content and conduct
8.1. General:
8.1.1. With the exception of the information related to your personal data, which is subject to the Privacy Notice, all content that you enter or post in dBarre will be considered public, not confidential and therefore not private (hereinafter User Content ). By including such content, you acknowledge and guarantee that you own or have all rights over it. You acknowledge that dBarre will not have any responsibility with respect to said content and that you may reproduce, reveal, distribute, incorporate, communicate it to the public and use it in any other way, including data, images, sounds, text and the rest of the elements included in the same, for any commercial or non-commercial purposes that it determines at its discretion.
8.1.2. The User declares and guarantees that any User Content that he or she posts or posts does not violate any of the restrictions contained in paragraphs 8.2 and 8.3 below.
8.2. User Content Policies: It is strictly prohibited to publish, post or download on or from dBarre any User Content, including opinions, that:
8.2.1. Violate any applicable local, national or international law;
8.2.2. Are illegal or fraudulent;
8.2.3. Assume unauthorized advertising; or
8.2.4. Contains viruses or any other harmful programs ("malware").
8.3. User Opinion Policies: Not limited to, but not limited to, the comments and opinions published through dBarre must not:
8.3.1. Contain any defamatory, obscene or offensive content;
8.3.2. Promote violence or discrimination;
8.3.3. Infringe the intellectual or industrial property rights of any other person;
8.3.4. Breach any legal obligation towards a third party, but not limited to, an obligation of confidentiality;
8.3.5. Promote illegal activities, or invade the privacy of third parties;
8.3.6. Give the impression that they have been created by dBarre and / or related companies; neither
8.3.7. Used by impersonating another person, physical or moral, or falsifying your relationship with any other person.
8.4. Opinion removal: The prohibited actions listed in 8.2 and 8.3 above are not exhaustive. dBarre reserves the right, but is not obliged, unless the law so requires, to delete or modify at any time the opinions and other content published and posted by the Users in dBarre that it considers to be in breach of the prohibitions provided in the points 8.2 or 8.3 above, or that is objectionable or implies any damage or liability to dBarre, or to third parties.
8.5. Use of Opinions: The opinions and other content of the Users are exclusively for informational purposes and do not constitute any advice on our part nor have they been verified by dBarre. The opinions and Contents of the users exclusively reflect the opinions of the Users who have placed orders through dBarre, and any statements or advice provided by such persons are theirs alone. Consequently, and to the extent permitted by law, we do not assume any liability to third parties for User Opinions and Content, including without limitation, any errors, defamation, obscenity, omissions or falsehoods that such materials may contain. .
8.6. Cooperation with authorities: dBarre will cooperate fully with any competent authority that, by means of a duly founded and motivated order, requests or requires it to reveal the identity or location of who has published Opinions or User Content in breach of sections 8.2 or 8.3 or any other restriction, applicable legislation or regulatory provision, exempting us to the extent permitted by law from any liability for such disclosure.
9. Links or links to and from other web pages
Third-party portals: The links to other third-party web pages on dBarre are provided exclusively for your convenience. If you decide to access any of these third party web pages linked to dBarre, you do so entirely at your own free will.
10. Disclaimer
Information from the Web: Although dBarre tries to ensure that the information you provide through dBarre is always correct, it does not guarantee that it is accurate or complete at all times. dBarre may make changes to the content or to the services and prices described therein, at any time and without prior notice.
11. Responsibility
Additional costs: If the use of dBarre resulted in the need for maintenance, repair or correction of equipment, software or data, the User will assume all associated expenses, including, without limitation, expenses related to the maintenance, repair or adaptation of any equipment, software or data that you may own, lease, license, or otherwise use.
12. Suspension of the Portal
12.1 Causes of suspension: dBarre may suspend, at its discretion, both your right to use the dBarre Portal and the use of its services, even immediately, notifying itself in writing via email, if:
12.1.1. The User will use dBarre in breach of the provisions of provision 6.1 (License);
12.1.2. The User will post opinions or any other User Content in breach of the provisions of 8.2 or 8.3 (User Content and Opinions); or
12.1.3. The User breaches any other stipulation of these Terms and Conditions.
12.2. Obligations in case of suspension: With the suspension, the User must immediately destroy all downloaded or printed extracts from the dBarre Portal.
13. Written communications
By using dBarre, the User accepts that the communications will be mainly electronic. dBarre will contact you by email, notifications made by dBarre or we will facilitate the information by publishing it on our dBarre Portal. For contractual purposes, the User accepts these means of communication and acknowledges the validity of the contracts, notifications, information and other communications that we make by these means.
14. Matters of Force Majeure and / or Act of God
dBarre is not responsible for any failure in the execution or delay in the execution of any of its obligations under this TERMS AND CONDITIONS document that is due to events that are beyond our control, hereinafter Fortuitous Event and / or Force Majeure.
15. Miscellaneous
15.1. Privacy Policy: dBarre is committed to the protection of your privacy, your security and that of your personal data, in strict adherence to the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations.
15.2. Nullity: If any stipulation, or part of it, of the TERMS AND CONDITIONS is declared illegal, null or otherwise unenforceable by any court or competent authority, said stipulation or part of it will be eliminated from these TERMS AND CONDITIONS, and the rest will be applied as if the stipulation, or part thereof, illegal, null or unenforceable had never been agreed.
15.3. Full Agreement: These TERMS AND CONDITIONS constitute, together with the other instruments referred to herein, which are considered included as if they were inserted at the letter and which form an integral part of these Terms and Conditions, the same agreement that constitutes the total agreement. DBarre reserves the right to modify the Terms and Conditions at any time and without prior notice.
15.4. Waiver: Any total or partial omission, or delay by the User or by dBarre in the application or execution, in whole or in part, of any provision or stipulation of these Terms and Conditions and / or of the rights derived from the same or any applicable Law will not be construed as a waiver of his or her rights or actions.
15.5. Assignment: The User may not assign any of their rights or obligations under these Terms and Conditions without prior written consent from dBarre. Notwithstanding the foregoing, dBarre may transmit any of the rights or obligations in accordance with the Terms and Conditions without the need for prior written consent from the User.
15.6. Headings: The statements in these Terms and Conditions have been included for convenience and will not affect their interpretation.
15.7. dBarre will pursue the breach of these Terms and Conditions, as well as any improper use of dBarre and / or the content of both or either of both.
16. Applicable law and jurisdiction
These Terms and Conditions shall be governed in all their points and interpreted in accordance with the federal laws of the United Mexican States, as well as with respect to data messages, electronic contracting and electronic commerce. Both dBArre and the User expressly waive any other jurisdiction or applicable legislation that may correspond to them now or in the future by reason of their domicile or for any other cause, they submit to the jurisdiction of the competent Courts in the city of Victoria, Tamaulipas.
17. Modifications
DBarre may modify these Terms and Conditions, when it deems it appropriate, at any time.
Notice of Privacy
In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter referred to as the “Law”) and its Regulations, we allow ourselves to ask you to carefully read the Terms and Conditions and Privacy Notice (the “ Notice ”), since this Notice contains the terms and conditions applicable to the Personal Data collected by dBarrestudio, in the event that you give your consent. Your personal information will be used to provide the services and products you have requested, inform you about changes in them and evaluate the quality of the service we provide.
As a normal part of its activities, and in accordance with its lawful corporate purpose, dBarrestudio with address at Boulevard Adolfo López Mateos # 138 between Pino Suárez and Francisco i Madero. Colonia El Periodista, CP 87040, Ciudad Victoria, Tamaulipas., In some cases collects and stores information considered as Personal Data, in terms of the Law. The Personal Data that you provide to dBarrestudio, Name, email and cell phone number will vary in each specific case depending on their activities on the site, and will be the following:
A. In case of entering comments through the contact form: when using this functionality, only the following Personal Data will be collected and stored: a) General Data: Full name (the one you provide), your email, city, country and any other that you enter in the comments. In all cases, the accuracy and veracity of the Personal Data collected will be yours, since it is you who has access to your profiles on Social Networks and who enters your nickname.
B. In all cases, when entering the dBerrestudio Site, data will be collected through Cookies. The User can accept or reject cookies, by means of a procedure in the configuration of their Internet browser, separating dBarrestudio from any automatic deactivation of them. On the other hand, the Sites that are referenced from our Site or profiles on social networks may use their own cookies, separating dBarrestudio from any relationship and / or responsibility.
Sensitive Personal Data. dBarrestudio does not collect Sensitive Personal Data.
Your Personal Data will be used and processed for the purposes described below:
A. Primary purposes. a) If you fill out the contact form, to contact you, resolve your doubts and propose a proposal or possible business relationship, based on your needs.
B. Secondary purposes.
a) To identify you, locate you, communicate, contact you, send you information, as well as its statistical use;
b) To develop, by itself or through its affiliates or any third party, studies on the interests, behaviors and demographics of Users, in order to better understand their needs and interests, and offer better news services;
c) To improve our business initiatives and strategies;
d) To analyze the Internet pages visited, the searches carried out by the Users, as well as to improve our offer of content and articles, including their personalization, presentation, programming and services;
e) To send information via email regarding relevant news or events.
DBarrestudio will not transfer your Personal Data without your consent, although it may use them for purposes that depend on third parties, such as statistics and the sending of newsletters, without any transfer of said Data. If you do not consent to your personal data being transferred under the terms indicated in this privacy notice, you can request it in your support account.
The timing of the handling of Personal Data will be indefinite from the date you provided them to dBarrestudio, and of course you may object at any time you consider appropriate, for the purpose of blocking and canceling them. Your personal data will be treated at all times in a lawful manner and observing the principles of Legality, Consent, Information, Quality, Purpose, Loyalty, Proportionality and Responsibility, in compliance with the provisions of the Law.
Any questions about this Notice, about your Personal Data and its treatment, or about how to exercise the rights described below, we can answer on the phone 834 184 5213 or the cell phone 834 101 9562, from Monday to Friday from 8:30 am at 10:30 am and Monday through Thursday from 4:00 pm to 7:30 pm. as appropriate. You will have access to your Personal Data at all times, either to request its rectification, cancellation, opposition or revoke your consent, in accordance with the provisions of the Law (the "ARCO Rights"), in written or electronic form, to through the procedure you will find here.
You should direct your request carefully to dBarrestudio or to the email address dbarrestudio@outlook.com . The following must be attached to said request:
to. Photograph or scan of your official identification with photograph and autograph signature or, if you are acting on behalf of someone, also attach a copy of the notarized and / or registered power of attorney with the corresponding Public Registry and, where appropriate, the articles of incorporation.
b. Scan or photograph of proof of address.
In the writing you must: i) Indicate your name or business name, if applicable, and provide a physical address to give you the answer, communications, documentation and answers; ii) Let us know the Personal Data that you want to access, or want to be rectified, canceled, revised, as well as to oppose the treatment or revoke your consent; iii) State whether you know or remember the purpose for which you contributed them and the name of the person you gave them to; and iv) Establish your request in a clear, respectful and concise manner, as well as express any other information or document that facilitates the location of your Personal Data. dBarrestudio will have a period of twenty business days, counted from the receipt of the request, to resolve it or request further information.
In the event that dBarrestudio requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, electronically, or by any optical, sound, visual or other means that technology now allows. or in the future and will explain the new uses that it intends to give said information in order to obtain your consent.