ADLIBITUM CLASS, S.L. (hereinafter referred to as “ADLIBITUM”), domiciled in Andorra la Vella (Principality of Andorra), C/ Alzinaret 24, 4-8, with company registration number 21 132, business registration number 5 124 338 and tax registration number L-716 218-V, operates a virtual platform of contents relating to the world of music, especially of an educational nature (hereinafter referred to as the “Platform”), which is accessed through the website (hereinafter referred to as the “Website”), which domain name is https://adlibitumclass.com, which allows the use of the Platform by its users (hereinafter referred to as “the Users” and individually as “the User”).
With respect to the Purchase Service, these terms and conditions supplement and develop, insofar as they do not contradict, any terms and conditions that may be established for each of the Services that Users may acquire, including terms and conditions relating to the characteristics and use of the Services, to cancellations or suspensions of Services, to claims, and to privacy and privacy policies. “cookies”, all of which must be accepted by Users and which may be subsequently recalled during the process of purchasing the Services, in the corresponding electronic purchase order relating to each selected Product (hereinafter referred to as “the Purchase Order”) and if it is also included in each of the confirmations to each Purchase Order (hereinafter referred to as “the Purchase Confirmation) “).
Otherwise, we inform you that, for any questions regarding the Platform and/or the use of the Platform and/or the Services, ADLIBITUM has at your disposal the contact email contact@adlibitumclass.com
ADLIBITUM requests Users to carefully read these terms and conditions, as well as those set out in its privacy and “cookies” policies for the use of the Platform and the Services (hereinafter, together, “Terms and Conditions”). In any case, access to the Platform, and use of the Services, implies full and unreserved adherence to the Terms and Conditions.
In the event that a prospective User does not agree with any issue set forth in the Terms and Conditions, the prospective User will not have to access or use the Platform or the Services.
ADLIBITUM reserves the right to make, without prior notice, at any time and with immediate effect, the modifications and periodic updates it deems appropriate in the Terms and Conditions.
Therefore, without prejudice to the fact that ADLIBITUM may inform Users of these changes through, inter alia, notifications by email or other communication channels established for this purpose, ADLIBITUM recommends Users to review the Terms and Conditions periodically.
Where reference is made in the Terms and Conditions to “Content”, reference is made to all the contents that make up the Platform and the Services, understood as such, including, but not limited to, the source code, design and navigation structure of the Website, as well as the distinctive signs, texts, videos, photographs, data, databases and other content displayed to the Website. Platform.
The contents published and provided by ADLIBITUM are subject to copyrights, trademark rights, patent rights, image rights and/or other rights or legal positions of similar economic content which belong to ADLIBITUM or to third parties that have granted them the corresponding licenses or authorizations. Thus, the access to the Platform and the use of the Services do not confer on Users any ownership or right of use with regard to the contents mentioned (through, inter alia, its reproduction, distribution, public communication, making available to the public or transformation), unless ADLIBITUM or the third party holders of the rights or legal positions in question authorize it, either by indicating it or expressly permitting it in relation to specific content or through the prior granting of licences or authorisations in writing.
Consequently, ADLIBITUM reserves the right to use watermarks, technological devices and/or other means that allow the tracking and/or online tracking of unauthorized uses of the fingers contained therein. And, in any case, ADLIBITUM reserves the right to bring appropriate legal actions against Users who infringe the aforementioned copyrights, trademark rights, patent rights, image rights and/or other rights or legal positions of similar economic content. In the event that any User considers that any of the content violates their own rights or legal positions and/or those of third parties, they can notify ADLIBITUM through the contact email address contact@adlibitumclass.com, so that it can analyze and assess the case in question.
ADLIBITUM grants Users a non-exclusive, personal and non-transferable license to use the Platform and the Services it offers, as well as the information, data and other content contained therein, on a strictly personal basis, in accordance with the Terms and Conditions, and in particular, in accordance with the purpose of the Platform and the Services (hereinafter, “the Licence”). The price of the License will depend on the subscription mode chosen by each User.
Any other exploitation or use of the Platform, the Services, and/or the information, data or other content contained therein, are explicitly excluded from the scope of the License and may only be carried out after obtaining the prior written consent of ADLIBITUM and/or any third party holder of the rights and/or legal positions that may be applicable.
The duration of the License is determined by ADLIBITUM and according to the subscription method chosen by each User, all and having the right to revoke it at any time. In this sense, ADLIBITUM may, temporarily or definitively, interrupt access to the Platform and the Services, in the event that the latter is unable or unwilling to continue to operate the Platform, without the need for a specific reason to do so; in these cases, the access of the Users to the Platform will be cancelled immediately without the latter being able to require any liability to ADLIBITUM.
The User declares that he/she has the legal capacity to be bound by the Terms and Conditions, which he/she understands and accepts in full. Children under 18 years of age but 16 years of age or older may use the Platform and the Services; however, as these children cannot legally be holders of means of payment, they may not use the Procurement Service and may only be Users if they obtain the consent of their parents or legal guardians, who will also be required to supervise their activity and take responsibility for certain aspects, particularly with regard to the fraudulent use of means of payment and of privacy policies and “cookies.”
By accessing the Platform and/or enjoying the Services, the User undertakes, without limitation, to the following:
Thus, in general, Users are required to use the Platform and Services appropriately, and do not have to do so to engage in illegal activities that, among other things, constitute a criminal offence, infringe the rights of other natural or legal persons, or otherwise violate any rule of the applicable legal system.
In accordance with the provisions of current Andorran legislation on contracting in the digital space and consumer protection, ADLIBITUM informs Users, regarding the sale of Services carried out by ADLIBITUM, that:
The price will be paid exclusively by means of payment offered by ADLIBITUM.
Payment will be made through an online payment service to which the same Platform will redirect once all the steps have been completed and the User has selected the option “Authorize Payment.”
Payment by credit and/or debit card (Visa and Mastercard) will be provided directly by the issuing institution and, where applicable, the corresponding credit institution. The charge to the credit and/or debit card of the User will be simultaneous to the sending of the Confirmation of Purchase and the invoice.
ADLIBITUM disclaims all liability in relation to the violation by third parties of the confidentiality and security of the information and data provided by the User when paying for their electronic purchases by credit and/or debit card when such violations are beyond its control, insofar as the processing of such information and data is not under the exclusive control of ADLIBITUM.
Where the amount of a purchase is fraudulently or improperly charged, using the number of a payment card, the holder may demand cancellation of the charge provided that the cancellation has been effected pursuant to the conditions laid down by the issuing institution and/or the credit institution responsible for the credit and/or debit card, and, where applicable, the insurance relating to the card from which the payment card is made. Try. In this case, the corresponding entries of indebtedness and repayment to the accounts of ADLIBITUM and the holder shall be made as soon as possible. However, if the purchase has actually been made by the holder of the credit and/or debit card and, therefore, has unduly demanded the cancellation of the corresponding charge, the User shall be obliged to ADLIBITUM to compensate for the damages caused as a result of the said cancellation.
At the time of delivery of the Service, the User will have to verify that it conforms to the one provided for in their Purchase Order.
In the event that the User identifies that the Service purchased does not conform to the one provided for in his Purchase Order, he will have to notify ADLIBITUM at the time of its receipt to proceed with its remediation.
The risks of the Services shall be borne by the User from the moment of delivery. The User will acquire the Service when ADLIBITUM receives full payment of the price of the Service.
No sales contract shall exist between ADLIBITUM and the User in relation to any Service until the Purchase Order has been expressly accepted by ADLIBITUM by sending the Purchase Confirmation and the invoice. Therefore, it is hereby reminded that the formalisation of the purchase contract between ADLIBITUM and the User shall only take place when ADLIBITUM sends the Purchase Confirmation and the invoice to the User.
In the event that the Purchase Order is not accepted by ADLIBITUM, and any amount has been charged to the User, this shall be immediately refunded in full without any surcharge.
Any communication between the User and ADLIBITUM relating to a specific Purchase Order may be made, as far as ADLIBITUM is concerned, by the means of contact indicated in the section “The Platform and its purpose”, and as far as the Users are concerned, by the means of communication that they have indicated when activating their account.
The User may submit his claims to ADLIBITUM by the means of contact indicated in the section “The Platform and its purpose.” Likewise, Users may submit their complaints to the Trade and Consumption Unit of the Government of Andorra by using the form found on this link
http://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdf.
This form must be presented in person at l’edifici del Prat del Rull situat al Camí de la Grau, 4a planta, AD500 Andorra la Vella.
Unless expressly provided otherwise in the applicable legislation at any time, liability in relation to any Service purchased from the Platform shall be limited to the purchase price of the said product, and in no case shall ADLIBITUM be liable for any indirect damages caused to the User, or for loss of profits.
Nevertheless, all the rights guaranteed to consumers by current Andorran legislation are guaranteed.
Notwithstanding the foregoing, in the event that ADLIBITUM intervenes as an intermediary in the sale of Ownership Services by other providers, any claim relating to these Services will have to be addressed to the appropriate third party provider.
In cases of force majeure, ADLIBITUM shall not be liable for damages resulting from non-compliance with the Terms and Conditions, and in particular, the delay in the delivery of a Service.
Causes of force majeure include, among others, any act or event, beyond the reasonable control of ADLIBITUM, of any third party suppliers of products or services through the Platform and/or of the Users, including, but not limited to, general or sectoral stoppages affecting the delivery of products or services, fire or theft to ADLIBIT’s facilities. UM and/or third party providers that affect the Services, political, economic, health emergencies, epidemics and pandemics, or other unstable situations that affect security and the inability to comply with the Terms and Conditions.
If you are a registered user, if you access your profile, you have a section called “Newsletters Subscriptions” that allows you to manage your subscription or subscription to distribution lists of commercial information related to the Services. By subscribing to the Newsletters, the User expressly consents to the sending of this commercial information.
ADLIBITUM reserves the right to deny or suspend, without prior notice and at its discretion, at any time and permanently or temporarily, access to the Platform and the Services to Users who breach the Terms and Conditions. This right of ADLIBITUM is not entitled to any compensation for damages by the Users and without prejudice to any legal actions that ADLIBITUM may initiate against them.
Users will use the Platform and the Services it offers under their sole and sole responsibility.
All devices and operating systems, among other technological means, that Users use to access the Platform and the Services, are their sole responsibility. Therefore, it is the responsibility of Users to take all appropriate and necessary measures to protect their own devices, operating systems and the like from, among others, contamination by possible viruses.
ADLIBITUM is not liable for damages or other consequences arising from:
Likewise, the Platform may include technical linking devices, directories or even research tools that allow Users to access other websites (hereinafter collectively "Linked Sites" and individually "Linked Site"), such as third-party websites. The User acknowledges and accepts that access to the Linked Sites shall be at his/her sole risk and responsibility and exonerates ADLIBITUM from any liability for, among others, possible infringements of rights or legal positions of third parties, the technical availability of the Linked Sites, the quality, reliability, accuracy and truthfulness of the information, data and other contents provided therein, and the quality and/or possible lack of conformity and/or non-supply and/or guarantee of any products or services acquired through the same. In this respect, if the User considers that there is a Linked Site with unlawful or inappropriate content, and/or that it offers information and/or products or services without sufficient guarantees, he/she may notify ADLIBITUM so that the latter may assess and analyse the case in question, without any of these communications entailing for ADLIBITUM the obligation to remove the said link.
ADLIBITUM may, temporarily or permanently, interrupt access to the Platform and the Services in the event that it is unable or simply does not wish to continue to operate the Platform; in such cases, Users' access shall be cancelled immediately without them being able to demand any type of liability from ADLIBITUM.
Likewise, ADLIBITUM reserves the right, at any time and without prior notice to Users, to modify any data, information or other content of the Platform, to update or correct errors or inaccuracies, as well as to update the web application and to carry out tasks related to its maintenance.
Provided that it does not contradict that established by the applicable legislation, in the event that, despite the above limitation of liability, ADLIBITUM is eventually held liable for damages, ADLIBITUM's liability shall be limited to certain, real and concrete damages.
In cases of force majeure, ADLIBITUM shall not be liable for any damages or losses arising from breach of the Terms and Conditions. The causes of force majeure include, among others, any act or event beyond the reasonable control of ADLIBITUM, or of the eventual third party suppliers of products or services and/or of the Users, including, but not limited to, general or sectorial stoppages affecting the delivery of the Services, fires or theft at ADLIBITUM's and/or third party suppliers' facilities affecting the Services, political or economic unrest, health emergencies, epidemics and pandemics, or other situations of instability affecting security and the impossibility of respecting the Terms and Conditions.
In any case, ADLIBITUM shall not be liable for any damages or other consequences arising from the breach of the Terms and Conditions by Users.
The User accepts that ADLIBITUM may assign or transfer in any way all or part of its rights and obligations in relation to the operation of the Platform, including its rights and obligations vis-à-vis the Users, to any entity likely to be able to carry out this operation.
In such a case, the assignee shall replace ADLIBITUM and the latter shall be released from all its obligations with the User as from the date of the assignment; thus, the User accepts that, should this event occur, the assignee shall become its Platform provider as from the aforementioned date.
If any provision of the Terms and Conditions is declared null and void by a final decision of a competent authority, the remaining provisions shall remain in full force and effect and shall not be affected by such declaration of nullity.
The Terms and Conditions shall be governed by Andorran law.
Users submit to the jurisdiction of the Andorran civil courts, expressly waiving any other jurisdiction which, in accordance with the law, may correspond to them.
The above is without prejudice to the fact that, due to the User's status as a consumer, other legislation and/or jurisdiction may be applicable by law.
