TERMS OF SALE

Please read the following Terms of Sale (“terms”) carefully. They contain very important information about your rights and your obligations. By placing an order for products and/or services (collectively “item(s)”) on the website, you acknowledge that you have read, understood and agreed to these Terms. These terms of sale do not affect any statutory rights that you have as a consumer under any applicable local laws.

 

These terms govern and apply to all online transactions (“transaction”) for items on https://www.nacsport.com (“website”) or https://www.klipdraw.com (“website”) between Nacsport/KlipDraw and third parties that purchase any product or service offered.

 

The Nacsport and KlipDraw courses are developed and managed by the company ALIGFRA DIGITAL CANARIAS, S.L. under the Learning Tank brand and they are “housed” on the EADBOX platform.

 

Those courses that require the use of a license will include a temporary license.

 

Nacsport is trademark of the company New Assistant for Coach Sport, S.L. maintaining its principal place of business at Dr. Juan Domínguez Pérez, 23, 2º Floor, postal code 35008, of Las Palmas de Gran Canaria, Spain. With commercial registration of Las Palmas in the page 142, volume 1759 general, sheet number G.C. 34965 and registration 1ª y VAT number B-35.853.373.

 

KlipDraw is trademark of the company Aligfra Digital Canarias, S.L. maintaining its principal place of business at Dr. Juan Domínguez Pérez, 23, 2º Floor, postal code 35008, of Las Palmas de Gran Canaria, Spain. With commercial registration of Las Palmas in the page 161, volume 2147 general, sheet number G.C. 51666 and registration 1ª y VAT number B-76.266.808.

 

ALIGFRA DIGITAL CANARIAS, S.L. develops and manages courses for its own products as well as for third-party products, through the Learning Tank brand. Its principal place of business is at Dr. Juan Domínguez Pérez, 23, 2º Floor, postal code 35008, of Las Palmas de Gran Canaria, Spain. With commercial registration of Las Palmas in the page 142, volume 1759 general, sheet number G.C. 34965 and registration 1ª y VAT number B-35.853.373.

 

References to "us", "we" or "our" being construed accordingly New Assistant for Coach Sport, S.L. and/or Aligfra Digital Canarias, S.L. “You” or “your” refers to the individual who has placed an order through the website. Any policy or materials specifically referred to in the Terms are incorporated hereto by reference.

 

 

1. ORDER AND ACCEPTANCE

 

1.1. PRODUCTS FEATURES AND SERVICES

The essential features of the products and services offered at the Nacsport and Klipdraw online store are available at https://www.nacsport.com and https://www.klipdraw.com

 

1.2. PURCHASE ORDER AND ACTIVATION PROCESS

To place an order for items on Nacsport or KlipDraw online stores you have two possibilities:

 

1.2.1. ONLINE PURCHASE THROUGH AVANGATE

- Visit Nacsport or KlipDraw online stores and select the course you wish to purchase.

- Complete the information required for the purchase.

- Please review your order details before confirming your order. Confirm you accept the Sales Terms & Conditions, license agreement and privacy policy.

- Then you will be redirected to the Avangate payment Gateway of Aligfra Digital Canarias S.L.

- Choose your preferred payment method among payment methods available (Visa, MasterCard, PayPal, American Express).

- Shortly after, you will receive an order confirmation.

- If everything is correct, you will receive the acceptance of the order, confirming your purchase and advising you that you will receive an email (the day before your course starts) with your user name, password, your licence number and activation link.

 

 

2. YOUR REPRESENTATIONS

 

2.1. You must have legal capacity to use the Nacsport and/or KlipDraw website in accordance with the terms.

 

2.2. You should ensure that all information you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.

 

2.3. Before being able to place your order, you may be required to provide accurate information that includes an e-mail address and a telephone number at which you can be contacted. Your email address is our preferred method of contact for information related to your order such as receipt of your confirmation email, billing notifications, and future information related to Your account and/or Order(s).
 

 

 

3. PRICE, PAYMENT TERMS AND PAYMENT METHODS

 

3.1. Prices for items are displayed on the websites. Final sale prices payable for items are those in effect at the time of acceptance, unless expressly agreed otherwise.

 

3.2. Despite our efforts, occasionally an error or inaccuracy in the price or description of an item may inadvertently occur on the website. In such case, you will have the option to cancel your order at no cost, and obtain refund of any prior payment that you have made for the item.

 

3.3. New Assistant for Coach Sport, S.L. and Aligfra Digital Canarias S.L. reserves the right to withdraw any discount and/or to revise any price on the website or for our items at any time. Any price changes will not affect an order that has already been accepted, except if you expressly agree otherwise. The final item(s) price will be reflected prior to your confirmation of your order.

 

3.4. Prices quoted on the website are exclusive of VAT and any other applicable taxes which (where applicable) must be added to the price payable (charges for which are referenced on the website).

 

3.5. You agree to pay any applicable VAT or taxes for the items as specified on the website when you submit your order.

 

3.6. The commercialization of Nacsport and/or KlipDraw courses is done under the Learning Tank brand of the Aligfra Digital Canarias company. The payment process is done through the payment gateway of the company Aligfra Digital Canarias, S.L.

 

3.7. Payment may only be made using any of the payment options specified on the website. We currently accept Visa, Mastercard or American Express credit/debit card payments and PayPal.

 

3.8. The owners of Nacsport Elite, Nacsport Pro Plus, Nacsport Scout Plus Unlimited, Nacsport Scout Plus, Nacsport Basic Plus and Nacsport Basic licenses, with the current support and updates service, can qualify for the Nacsport customer discount. Applications, trials, courses and free licences, or those licenses that do not have the support and updates service in force at the time of course purchase will not be valid.

 

3.9. The client can only receive this discount only once per course level and edition.

 

3.10. Aligfra Digital Canarias, S.L. reserves the right to use authorized third parties to assist with certain payment processes and other transaction functions, which may require the secure use and transfer of your personal and / or payment information. Your information will not be shared for any other reason without your consent. Aligfra Digital Canarias, SL, reserves the right to change or modify said authorized third parties. Our use of third parties benefits you by being able to offer you a variety of payment methods and reduce failed transactions.

 

3.11. Once the payment is made, you will receive an email from Avangate / 2checkout confirming that the purchase process for your course has been completed successfully.

 

The day before the start of the course you will receive an email with the access codes to the platform in addition to the download link and license activation code.

 

 

4. DELIVERY AND RISK OF LOSS AND DAMAGE

 

4.1 Delivery times and dates referenced to on the website or in any communications from New Assistant for Coach Sport, S.L. and/or Algfra Digital Canarias S.L. are estimates only. All items are only delivered to you electronically, there is no packaging. Delivery takes place immediately after the acceptance of your order and no later than three (3) days from the date you submitted your order through the website. In the unlikely event that we are unable to deliver within that time, you will have the option to either allow us more time to complete your delivery; or cancel your order and obtain refund of any prior payment that you have made for that order.

 

4.2. Orders shall be delivered via email address submitted by you at the order. You must check email address in any acknowledgement o acceptance document we provide you with. Please notify us any omission or mistake immediately to as to be amended.

 

4.3 All risk in the items, including risk of loss or damage, passes to you upon delivery or when the items are placed in your possession.

 

4.4 You should carefully check items upon delivery to ensure that they are in satisfactory condition, in accordance with their description and complete. You may return ordered items in accordance with the terms and any applicable returns policy.

 

4.5. We shall not be responsible for any damages or losses: (i) arising from defective installation of the items by you; (ii) from the use of the items in connection with other defective, unsuitable or defectively installed equipment which has not been supplied by us; (iii) your negligence, improper use of the items or use in any manner inconsistent with the instructions.

 

 

5. SOFTWARE ITEM LICENSE 

 

5.1. Each software item referred to on the website is licensed by New Assistant for Coach Sport, S.L. and/or Aligfra Digital Canarias S.L. to you subject to the relevant end-user license agreement, as well as other license terms regarding third party software that may be included in our software items (“End-user license agreement”). Your use of software item is explained and governed by such license agreement. You must read, understand and agree to be bound to the terms of license agreement before placing an order and using the software item.

 

5.2. Nacsport and/or KlipDraw products are constantly reviewed and update. For this reason, there may be slight differences between the video shown in this course and the current inteface.

 

 

 

6. WITHDRAWAL RIGHTS, RETURNS AND REFUNDS

 

6.1. Statutory withdrawal rights, return and refunds applicable:

 

6.1.1. You have a statutory right to withdraw from the contract (wholly or partially) for any or no reason at any time within fourteen (14) calendar days of the day you receive the order confirmation email (“Withdrawal period”).

 

6.1.2. To exercise this right of withdrawal, you must inform us, prior to expiration of the withdrawal period, of your decision to withdraw from the contract by an unequivocal statement.

 

6.1.3. If you cancel the purchase in accordance with this section, Aligfra Digital Canarias, S.L. will reimburse you for all payments made as part of the order within a maximum period of fourteen (14) calendar days after the day you informed us of your decision to cancel the purchase. The refund will be made through the same payment method used when placing the order, unless both have expressly agreed otherwise.

 

Cancellation of the order will lead to blocking access to the course platform, as well as the use of the corresponding Nacsport and/or KlipDraw license.

 

6.1.4. You may not exercise your right of cancellation if:

 

A) If you have exceeded the period of seven (7) days from the beginning of the course.

 

B) If you have accessed the course platform.

 

6.1.5 If you have accessed the course platform and request its cancellation within seven (7) calendar days after the start date of the course, you will have the right to request a new place to start the course in any of the following three weeks at no cost.

 

6.2. Cancellation, refund and refund policy of Aligfra Digital Canarias, S.L.

 

Regardless of any statutory right, Aligfra Digital Canarias, S.L. offers a money back guarantee for most of the courses requested through the website, in case of dissatisfaction with the course, whatever the reason. The possibility of obtaining a refund may depend on the type of course, the duration, the period that has elapsed since the transaction and the place where the purchase was made, among other conditions.

 

6.3. For the avoidance of doubt, in the event you decide to withdraw from the contract or seek a refund, your claim will be treated by default as an exercise of your statutory withdrawal rights for the purposes of these terms, if eligible. In that case your refund will be in accordance with section 6.1. Please note you will not then be eligible to also make a claim under Aligfra Digital Canarias, S. L.´s Return Policy.

 

6.4 If you are not eligible to receive a refund under your statutory withdrawal rights, you may still be eligible to claim under Aligfra Digital Canarias, S. L.’s Return Policy. If so, then your refund will be in accordance with section 6.2.

 

6.5. Please be reminded that if you decide to withdraw from the contract, you must uninstall and delete the software and all copies from your device(s) and New Assistant for Coach Sport S.L. and/or Aligfra Digital Canarias S.L. has the right to disable your software including copies to prevent further use. We may also request you to sign an electronic letter of destruction confirming that you have uninstalled, deleted and have not made any copies of the software that you have deleted.

 

 

7. DURATION

 

NACSPORT BASIC COURSE

 

7.1. You will benefit from the course purchased for the stipulated duration.

 

7.2. The duration of the courses will begin on the announced start date. In any case, please install and activate your Nacsport license, as well as access through the username and password, on the day of receipt of the instructions sent by email and read the documentation and the license agreement that govern your use of the item.

 

7.3. The Nacsport courses will begin on Wednesdays of every week and their duration is determined in the course you acquire.

 

7.4 You will have the possibility to enroll in a course until the Sunday before the start of the course. After that day you will have to register for the next course.

 

7.5 Evaluation and approval of the course:

 

7.5.2. The final grade of the course can be obtained through a series of tests and / or practical activities that will have the character of exams.

 

7.5.3. All practical activities must be submitted (files uploaded in their corresponding format) within twenty (20) calendar days after the start of the course (“ordinary call”).

 

7.5.4. In case of not having completed the course or not having presented all the activities within the ordinary call period, the course will be suspended and there will be no right to an extraordinary call. In order to pass the course, a second enrollment must be made.

 

7.5.5. A single attempt may be made in each practical activity.

 

7.5.6. In case of having presented all the activities during the ordinary call and not having reached the minimum grade for the approved one, a new and only attempt may be made in an extraordinary call.

 

7.5.7. The extraordinary call period begins twenty-one (21) calendar days after the start date of the course and ends twenty-seven (27) calendar days after the start date of the course.

 

7.5.8. Activities may not be submitted in extraordinary call in order to increase the average grade in case of having approved in ordinary call.

 

7.5.9. Each of the practical activities must reach the minimum approval mark in order to pass the course.

 

7.5.10. The note of those activities approved to perform the final calculation of the course grade will be retained. Activities that have not reached the minimum approval mark must be presented in an extraordinary call.

 

7.5.11. The corrections of the practical activities will begin the day after the end of the period of ordinary call and extraordinary call respectively.

 

7.6 In the case of not passing the course at the end of it, a second registration must be made.

 

7.7 The price of this second enrollment will be 50% on the price of the initial course whenever you request it within 14 days after the end of the course in which you had enrolled in the first place. In the case of doing so within a period greater than these 14 days you will have to make a registration at 100% of its price.

 

7.8. In case of not passing the course upon reaching the end date of the second enrollment, a third registration must be made paying 100% of the amount of the course.

 

7.9. A new Nacsport license will not be delivered for second registrations. The second enrollment course must be completed using the original Nacsport license.

 

7.10. Once the course is approved, the student will not be able to enroll again in a course of the same level and if they do so, the Nacsport license will not work. The student can enroll in another Nacsport course of the same level from the next edition.

 

7.11. Once the acquired course is approved, the student will be able to access the next level course. Without passing a lower level the student will not be able to enroll in higher level courses.

 

 

KLIPDRAW ANIMATE COURSE

 

7.1. You will benefit from the course purchased for the stipulated duration.

 

7.2. The duration of the courses will begin on the announced start date. In any case, please install and activate your KlipDraw license, as well as access through the username and password, on the day of receipt of the instructions sent by email and read the documentation and the license agreement that govern your use of the item.

 

7.3 The KlidDraw courses will begin on Wednesdays of every week and their duration is determined in the course you acquire.

 

7.4 You will have the possibility to enroll in a course until the Sunday before the start of the course. After that day you will have to register for the next course.

 

7.5 Evaluation and approval of the course:

 

7.5.1 The minimum passing grade for the courses is sixty percent (60%).

 

7.5.2. The final grade of the course can be obtained through a series of tests and / or practical activities that will have the character of exams.

 

7.5.3. All practical activities must be submitted (files uploaded in their corresponding format) within thirteen (13) calendar days after the start of the course (“ordinary call”).

 

7.5.4. In case of not having completed the course or not having presented all the activities within the ordinary call period, the course will be suspended and there will be no right to an extraordinary call. In order to pass the course, a second enrollment must be made.

 

7.5.5. A single attempt may be made in each practical activity.

 

7.5.6. In case of having presented all the activities during the ordinary call and not having reached the minimum grade for the approved one, a new and only attempt may be made in an extraordinary call.

 

7.5.7. The extraordinary call period begins fourteen (14) calendar days after the start date of the course and ends twenty one (21) calendar days after the start date of the course.

 

7.5.8. Activities may not be submitted in extraordinary call in order to increase the average grade in case of having approved in ordinary call.

 

7.5.9. Each of the practical activities must reach the minimum approval mark in order to pass the course.

 

7.5.10. The note of those activities approved to perform the final calculation of the course grade will be retained. Activities that have not reached the minimum approval mark must be presented in an extraordinary call.

 

7.5.11. The corrections of the practical activities will begin the day after the end of the period of ordinary call and extraordinary call respectively.

 

7.6. In the case of not passing the course at the end of it, a second registration must be made.

 

7.7. The price of this second enrollment will be 50% on the price of the initial course whenever you request it within 7 days after the end of the course in which you had enrolled in the first place. In the case of doing so within a period greater than these 7 days you will have to make a registration at 100% of its price.

 

7.8. In case of not passing the course upon reaching the end date of the second enrollment, a third registration must be made paying 100% of the amount of the course.

 

7.9. A new KlipDraw license will not be delivered for second registrations. The second enrollment course must be completed using the original KlipDraw license.

 

7.10. Once the course is approved, the student will not be able to enroll again in a course of the same level and if they do so, the KlipDraw license will not work. The student can enroll in another KlipDraw course of the same level from the next edition.

 

7.11. Once the acquired course is approved, the student will be able to access the next level course. Without passing a lower level the student will not be able to enroll in higher level courses.

 

7.12. Course materials: The student can download the text based content from the platform. The video content cannot be downloaded.

 

7.13 The course content will be updated at the beginning of each year and all the tools that have been developed during the previous year will be added to the course. Therefore, the certificate you receive will be accredited to the version of the software from the January of the year the course is held. In addition, there may be some differences between the program interface and the tools described in the course content as, throughout the year, there may have been modifications due to updates.

 

8. PRIVACY

 

Please review New Assistant for Coach Sport S.L. and/or Aligfra Digital Canarias S.L.’s privacy policy which governs your visit to the website, any transaction and/or any related information and which, by placing an order on the website, you effectively consent to be bound by.

 

Please also review the privacy policy of Aligfra Digital Canarias, S.L. that regulates any transaction and / or related information that, when placing an order through your payment gateway, you accept.

 

 


9. UNAUTHORIZED ITEMS AND BRAND PROTECTION

 

9.1. You may not alter, unbundle or break the items down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a license key from the associated software item and transferring the license key to a third party for any purposes.

 

9.2. There may be technical protection measures in our items. Such measures are designed to prevent unlicensed or illegal use of our items. By using our items and/or, you are deemed to have agreed that Nacsport and/or KlipDraw may use these measures to protect against software piracy.

 

9.3. All courses must be obtained in the first instance from Aligfra Digital Canarias, S.L. (or via authorized partners). If, in Aligfra Digital Canarias, S.L.’s reasonable judgment, the original acquisition of items occurred using a fraudulently obtained payment methods or any other unauthorized means, Aligfra Digital Canarias, S.L. has no obligations to provide support services and/or to allow continued use of the items in question.

 

9.4. Aligfra Digital Canarias, S.L. reserves, in its sole discretion, the right to reject orders, transactions and/or deactivate the items which have been obtained through or for any unauthorized means, or is otherwise in violation of the relevant license agreement.

 

 

10. WARRANTY

 

10.1. As a consumer you may have certain statutory rights under your national laws, including legal guarantees relating to faulty or non-conforming products and services that become apparent within a minimum of two (2) years, or as provided by your national laws, from delivery of the products and/or services. Nothing in these terms will affect these legal rights.

 

10.2. Aligfra Digital Canarias, S.L and New Assistant for Coach Sport, S.L. do not make any other promises or warranties about the items, except as provided in section 10.1, section 6, or as otherwise set out in the applicable license agreement or terms of service.

 

10.3. For the avoidance of doubt, in the event you make any warranty or legal guarantee claim to Aligfra Digital Canarias, S.L and/or New Assistant for Coach Sport, S.L., your claim will be treated by default as an exercise of your statutory legal guarantee rights under section 10.1 for the purposes of these terms, if eligible. Please note you will not then be eligible to also make a claim under return policy or under any applicable license agreement or terms of service.

 

 

11. LIMITATION OF LIABILITY

 

11.1. Nothing in these terms shall exclude Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L.’s liability for death or personal injury caused by its negligence, or any other liability which cannot be excluded by law. Otherwise the liability of both companies to you or any other third party shall be limited to the price you paid for the items.

 

11.2. Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L. are not responsible for indirect or consequential losses. Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L. shall in no event be liable for loss of data, loss of or damage to property or any losses related to any business of the customer including, but not limited to, lost revenue, lost profits or business interruption.

 

11.3. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions stated in section 11.2 may not apply to you.

 

 

 

12. PROPRIETARY RIGHTS

 

New Assistant for Coach Sport, S.L. retains all proprietary rights of products, services and the website, and all trade names, trademarks, service marks and other intellectual property rights associated with or appearing in the products and services, except for their On-line courses held by Aligfra Digital Canarias, SL to market them under the Learning Tank brand. You may not delete, alter or hide any copyright or trademark notice or legend or other notification of ownership of Nacsport that is included in or associated with the products and services.

 

 

13. FORCE MAJEURE

 

Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Nacsport's reasonable control, including but not limited to acts of God, war (whether declared or not), riot, embargoes, acts of civil or military authorities, terrorist attack or threat of terrorist attack, fire, floods, accidents, strikes, lockouts, failure of public or private telecommunication networks and infrastructure or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L. may be excused from such performance to the extent it is delayed or prevented by such cause.

 

 

14. EXPORT REGULATION

 

You acknowledge that the items, and related technical data and services (collectively, “Controlled Technology”) may be subject to the import and export laws of any country, specifically the export administration regulations, and the laws of any country where the Controlled Technology are imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.

Use or facilitation of Nacsport Items in connection with any activity including, but not limited to, the design, development, fabrication, training, or testing of chemical, biological, or nuclear materials, or missiles, drone or space launch vehicles capable of delivering weapons of mass destruction is prohibited, in accordance with law.

 

 

15. GENERAL

 

15.1. APPLICABLE LAW, COMPETENT JURISDICTION AND DISPUTE

These terms will be governed by the relevant laws of Spain and we both agree to the non-exclusive jurisdiction of the courts of Spain over these terms and any matter related to them. Notwithstanding the foregoing, nothing in the terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. If a dispute arises between you and Nacsport, the parties submit themselves for the resolution of the conflicts and with resignation to any other jurisdiction, to the courts and tribunals of Las Palmas de Gran Canaria (Canary Islands, Spain).

 

15.2. MODIFICATION OF TERMS

Aligfra Digital Canarias, S.L and New Assistant for Coach Sport S.L. may change these terms at any time without notice, effective upon its posting to the website. Any such changes will not affect an order that has already been accepted by Nacsport, except if you expressly agree otherwise. Every time you order items from us, our most recent terms of sale in force at that time will apply.

 

15.3. CONTACT DETAILS

If you have any questions regarding these terms or any problems with your order, or if you need help, please contact us:

 

New Assistant for Coach Sport S.L.

C/. Dr. Juan Domínguez Pérez, 23. 2nd Floor

35008. Las Palmas de Gran Canaria. Spain

E-mail: [email protected]

Phone: (+34) 928 363 816

Schedule: Monday - Friday: 8:00 - 20:00 (UTC+0) 

 

Aligfra Digital Canarias, S.L.

C/. Dr. Juan Domínguez Pérez, 23. 2nd Floor

35008. Las Palmas de Gran Canaria. Spain

E-mail: [email protected]

Phone: (+34) 928 363 816

Schedule: Monday - Friday: 8:00 - 20:00 (UTC+0) 

 

 

Last modification of the document: 18th February 2020