Terms and Conditions

General Background

Ninjaexcel.com is a website and platform for displaying educational and training content, which has been designed and developed, and is managed and maintained, by the commercial company The Ninja Company SpA, a commercial company legally constituted in accordance with the laws of the Republic of Chile, and with legal domicile at Antonio Bellet 77 Office 206, Providencia, Santiago, Chile.

Ninjaexcel.com, copyright © 2020, The Ninja Company SpA. All rights reserved.

This document corresponds to the terms and conditions of use of Ninjaexcel.com, as well as the privacy and data management policy of this website and content viewing platform. Through this document, all the conditions of the use of the site and the platform by users are regulated, as well as the conditions of the request, storage, management and use of data collected as a result of the given use. 

This document, once accepted by the user, whether tactically or expressly, becomes a valid and legally binding contract between the user and the company that owns the site and platform, at the time of said acceptance; all of this, in accordance with the current version of the document and the equally applicable legislation, to date, and respectively.

Definitions and terminology

The following concepts, as soon as they are used with their first letter capitalized or capitalized throughout this document, will have the definitions detailed here, for each and every one of the contractual effects between the user and the company that owns the site and platform. :

1. Platform, refers to the website and content viewing platform regulated by these terms and conditions of use, understood as the set of computer tools and programs, own and integrated from third parties, all intended for the provision of information and systems associated with information. , accessible by people through a telecommunications network (or Internet), according to their domain names or web addresses, thus allowing their location in the respective telecommunications network.
2. Company, refers to the commercial company that acts at all times as the owner of rights over the Platform, for all legal purposes.
3. User(s), refers, without distinction, to any natural person, over 18 years of age, and legally capable in accordance with the law that governs these terms and conditions of use, and who makes use of the Platform according to its natural destination, as described in these same terms and conditions of use.
4. User Account(s), refers to the personal, individual and non-transferable profile of a User on the Platform, so that they can use it, according to these terms and conditions of use.
5. Use, refers to any act or action by which a User makes effective use of the Platform, in accordance with its functions and functionalities, purposes, and capabilities, all described in these terms and conditions of use.
6. Terms, refers to this document of terms and conditions of use, and privacy and data management policy, in its version in force at the time of Use by the User.

Function and purpose of the platform

The Platform operates as a website and semi-interactive streaming platform for courses and audiovisual content, produced directly or indirectly by the Company, all of an educational nature, with which it seeks to offer its Users training at different levels of teaching, complexity and difficulty, regarding the use of different computer programs from third parties, unrelated and not affiliated with the Company. 

Minimum conditions of use
Acceptance of Terms

The Use of the Platform will always, and at all times, require acceptance (express or tacit) of these Terms by the User. Non-acceptance of these, expressly expressed by the User, will always make it understood that there is no real and effective will to comply with the contractual conditions established here for the Use of the Platform, and the Company may then, without the need for another procedure, proceed to deny totally or partially, temporarily or permanently, the Use of the Platform to said User.

The Use of the Platform, without prejudice to other prompts, notices, and instances of verification of acceptance of the Terms, within the same Platform, will at all times be understood by the contracting parties as an act of tactical acceptance of the Terms, in accordance to its version in force on the date of each act of Use, for each and every one of the legal effects.

Access and accessibility

The Platform is enabled and optimized to operate through the following web browsers:

1. Chrome, version 50 or higher
2. Firefox, version 35 or higher
3. Microsoft Edge, version 11 or higher

The Platform also requires, and for its Use, the following minimum hardware and software elements, by the User:

4. Operating system that supports the previously indicated browsers, Windows, Mac or Linux
5. Hard drive space of 1 gigabyte or more
6. Pentium 4 or higher processor
7. Ram memory of 500 megabytes or higher

The Platform requires, finally, and for its proper Use, a stable and permanent connection to the internet, either through a direct connection to an enabled network or through the use of a telephone data system with a sufficient data plan; This is not a platform enabled to operate offline. In this regard, the Company is not a provider of data plans or internet networks, and the connection to these systems as a minimum requirement for using the Platform falls within the sphere of the User's own and personal responsibility, and this must be coordinated, contracted, and paid for by the User himself who wants to use the Platform; this, with external suppliers and outside the Company.

Permits and authorizations

The Use of the Platform implies the use of cookies by it, in order to allow the website to store and retrieve information from the User's navigation to improve the User experience. For this purpose, the Platform requires of access to the systems, files and digital files of the device or equipment used by the User, in order to make use of the following types of cookies:

Without prejudice to the ability of any User to configure their internet browser to prevent the use of cookies, acceptance of these Terms (express or tacit) entails recognition by the User that their experience of using the Platform could be affected by said impediment, and this is not the responsibility of the Company. 

In any case, the Company guarantees the User that the information obtained through cookies will be used in accordance with the limits of these Terms, and with the simple purpose of profiling the Use of the Platform and the advertising eventually available within it in accordance with its behavioral habits within it. Not for any other purpose.

User Accounts

Users who wish to use the Platform must first register on it, creating a User Account, through a registration process followed in accordance with the Platform's own functions for this purpose. These functions will require the User to configure a personal profile, providing their full name, an email address, and generating an access code or password in the User Account.

Once the User Account is generated, the Company will then proceed to start a verification process, contacting the User at the email address they entered during registration.

Once the User Account is verified, it will become personal and non-transferable to the User who generated it in the act of registration. The password generated by the User for use will always be secret, personal, non-transferable, and their own responsibility.

Use of third party registration systems external to the Company

Users who wish to use the Platform without registering a User Account therein may do so by accessing the contents through the use of a login through one of the following services provided by external companies outside the Company:

1.  Google Suite
2.  Facebook

These tools or systems, being from third parties outside the Company, are individually subject to their own terms of use and privacy policies, in accordance with their integration with the Platform to allow User access; and updated versions of each of its own terms and conditions can be found through the following links:

3.  https://policies.google.com/terms?hl=es
4.  https://www.facebook.com/legal/terms

Restrictions

The Use of the Platform must be done, at all times, in accordance with the law, and the User thus understands that he is obliged to:

1. Make use of the Platform that does not escape its natural destination and purpose, and must therefore refrain from using it for illicit purposes or purposes foreign to its nature, or in a manner contrary to these Terms.
2. Always provide effective and truthful information in everything that is requested by the Company, for the Use of the Platform, regardless of the way in which this information is requested, and make use of payment methods that legally belong to you, or on which has sufficient legal authorization from its owner or holder. The User is exclusively responsible for the falsity and/or lack of integrity in the information provided, and for the legitimacy or lack of legitimacy in the use of the payment methods used in the Use of the Platform.
3. Refrain from using the Platform in any way that may constitute or risk constituting use contrary to the law.
4. Refrain from incorporating into the Platform, in any way, information or content contrary to the law, such as content that is maliciously or intentionally false, owned by third parties without any right to its use, offensive, sexually explicit, criminal in nature, or other similar ones.
5. Refrain from providing data from third parties, and especially from other Users.
6. Refrain from causing harm to the Platform, or the Company, in any way.
7. Refrain from accessing or attempting to access data and information of other Users, or the Company, outside the framework of what is permitted in the Use of the Platform, and from attempting to manipulate the same data.
8. Refrain from reverse engineering, modification, or access to all or part of the Platform.
9. Refrain from accessing these Terms, and altering and/or modifying them in any way or measure.

Disclaimers and minimum guarantees

Without prejudice to the other conditions of these Terms, the Company will not at any time be responsible (and the User thus waives, in accepting these Terms, any right, claim or action, whether administrative or judicial, whether civil, criminal , infringement, or other, before any entity or court of any jurisdiction or jurisdiction, against the Company) for:

1. The continuous and permanent availability of the Platform, which may be disabled at any time, at the free discretion of the Company.
2. The continuous and permanent availability of specific content within the Platform, which is completely subject to the free discretion of the Company; and without prejudice to its contractual obligation towards Users who have already paid for content that was not available later, in which case the amount paid for such unavailable content will be refunded, or the delivery of other content with similar and equivalent characteristics. in price, as appropriate.
3. The continuity over time of the price of a content, or a variation in the price due to an offer or promotion of the Company, and the prices and offers that affect the prices may vary over time, at the Company's sole discretion. . 
4. The characteristics, qualities, conditions, or other attributes of the content offered on the Platform, insofar as they are elements that were affected in a manner outside the Company's control or that correspond to elements of the User's personal expectation regarding the content. All this, in accordance with the law.
5. The legitimacy, veracity and effectiveness of all information about content, and that was provided by third parties outside the Company, including other Users or third parties whose content was offered or promoted, directly or indirectly on the Platform, such as through promotional or advertising elements. marketing.
6. The functionality of the Platform in browsers and/or devices or equipment inferior to those listed in these Terms, the functionality of the Platform without sufficient internet access or a data plan, or through browsers that have not allowed the permissions and access referred to. in these Terms, and in particular, regarding access to digital files and the use of cookies.
7. The absolute absence of computer viruses or other harmful elements on the Platform, capable of causing damage or damage to the information, or to the physical and/or logical systems of the User's equipment, devices, or programs, intervene in their electronic documents stored in them, or in their payment information and/or payment methods, as there has been an act of third parties over the information security measures implemented by the Company, to prevent acts of intervention by third parties.

Specific conditions of use

Content acquisition and scope of content display

By using the Platform, the User can acquire access to content available therein, under a license model for individual use, non-transferable or sublicensable, non-commercial, and restricted to the viewing of the content by the User themselves. This act of purchasing content follows the following flow of action:

1. Login to the Platform through a User Account or one of the login systems integrated into the Platform, in accordance with these terms.
2. The selection of the contents whose license will be acquired by the User.
3. The express acceptance of these Terms, through the prompt generated on the same Platform for this purpose.
4. The selection of the payment method for the selected content.
5. Verification of the User's identity and data.
6. The payment act, carried out in accordance with the modalities and functions available for the selected payment method, as appropriate.
7. The issuance and sending to the User of the corresponding digital receipt of payment for the license on the content for viewing, the corresponding sales receipt or invoice, and the other background information and access information relevant to the content that is the subject of the operation.

Once the previous procedure is completed, the User will receive the aforementioned license on said content, thus acquiring the right to view it on the Platform, in accordance with these Terms, depending on the selected plan:

5.1.1: If the user subscribes to the Monthly Plan, they will have access to the content for one month. 

5.1.2: If the user contracts the Quarterly Plan, they will have access to the content for three months.

5.1.3: If the user contracts the Annual Plan, they will have access to the contents for twelve months.

Free access to trial content

Each content on the Platform is offered under a trial mode in free access, with a restriction of up to a limit of time and amount of content on the total of the selected course. Access to content through the free access option will generate for the User a use license that is equally individual, non-transferable or sublicensable, non-commercial, and restricted to the viewing of the content by the User himself, up to the part or portion of the total content that the Company designates for each case. 

These views will have no price for the User, and once the corresponding number of minutes of content has been exhausted, the Platform will stop access to the content and will call the User to invite them to acquire it on a paid basis, with the aim of acquire a license in accordance with point 5.1. precedent of these Terms, thus granting you access to all of the content in the respective course.

Prices

The Platform operates under a subscription modality, offering its content through packages that encompass a series of training courses in basic, intermediate and advanced categories, through content viewing plans for monthly, quarterly and annual periods; and corresponding to each one of them its own value or price, according to the price schedule that can be viewed by following this link: https://www.ninjaexcel.com/.

The amount of content, form of its packaging, price scale, duration and format, among others, and as determined in the preceding link, are at all times subject to the changes that the Company determines, and will be understood accordingly. thus—and in accordance with the information published in the link on the date of contracting by the User on the Platform—as part of these Terms, for the User, and for all legal purposes. 

Payment methods

The Platform maintains the use of the system integrated as a means of payment Boa Purchase (https://boacompra.com/#rmcl), a tool owned by BOACOMPRA TECNOLOGIA LTDA., and subject to its own manuals, terms and conditions of use, to which the User is also subject and obliged in each use of this means of payment, in accordance with these Terms. 

The foregoing, without prejudice to how the Company may modify, restrict, expand, eliminate or add means of payment, according to its decision from now on, in accordance with the right that corresponds to it to modify the Terms of the Platform.

Viewing content

The contents are delivered under a semi-interactive audiovisual modality, consisting of pre-recorded academic sessions, fragmented into micro instances of approximately two minutes each, viewable directly on the Platform, and then interspersed with development exercises carried out by of the User.

The completion of the development exercises requires that the software that is the subject of the course be duly installed and in accordance with a legitimate and valid license, by the User, on the computer where the content is accessed. The use of the program must allow integration with the Platform for the entry, review, correction and/or validation of the exercises that are part of the content delivered and the training session given, as a prerequisite to advance from a micro instance to the next within the same content or viewing session.  

Authorization of digital or electronic tax documents

The User, as recipient of all and any electronic tax documents in accordance with the Use of the Platform and for the payment of the contents, in accordance with the provisions of Exempt Resolution number 11 of February 14, 2003 of the Tax Service Internal, which established the procedure so that authorized taxpayers can issue electronic documents and send them to manual recipients, and without prejudice to the tax regulations applicable to the User in particular according to their place of residence, declares that with the approval and acceptance of these Terms ( express or tacit) authorizes the Company so that all tax documents corresponding to any content purchase made on ele are delivered by electronic means, only, and that the respective notice is sent to you by email to the box indicated in your User Account. . In the creation of physical backups of such documents, as requested and pertinent, the conditions and restrictions established for this purpose in the current and respective regulations that govern these Terms will be followed, thus printing them in the size, paper, color, format and quality, which corresponds, in accordance with the law, to the time of its printing.

General considerations

Modification of the Terms, notifications and notices

The Company may, at any time, and for any reason or cause, including its mere liberality or discretion, make unilateral modifications to these Terms. 

The User authorizes the Company to send him information about such changes, notifying him by written notices in this regard and directly, by email sent to the email box associated with the User Account, and this serving as a valid notification and notice. enough. The acceptor will thus be considered aware of the content of such notification or notice, simply by virtue of its sending.

The Use of the Platform, once each change or modification to the Terms has been informed, will constitute a new acceptance of the same, for all legal purposes, without prejudice to the express acceptance that may be required from time to time by the Platform itself in the act of Use.

Notification of any other matter by the Company to the User will be carried out in the same manner indicated above, by email to the User's box entered in their User Account. 

Notification of any matter by the User to the Company, and especially matters related to queries about the Platform, about purchases made on the Platform, about problems, errors or difficulties with one or more parts of the Platform, about security violations , or others of any kind, the User must contact the Company as soon as possible, and by email to francisco@ninjacompany.co, or by the means that appears on the Platform itself as duly enabled for this purpose.

Access revocation

The Company may, at any and all times, with prior notice and notification to that effect, immediately revoke Users' access to the Platform, whether temporarily or permanently, and cancel their User Accounts, if it is verified that they have failed to comply with a or more of the obligations, restrictions and conditions set forth in these Terms.

Cession of rights

The Company reserves the right to assign to third parties, under any title, the Platform, including all data contained in it or associated with it, as well as all information uploaded to it or associated with it, and that is necessary to maintain its proper functionality, all with notification or notice to Users.

The Use of the Platform once such assignment or transfer of rights to third parties has been informed will constitute new acceptance of the Terms, and in such case with respect to whoever holds the ownership and ownership of the Platform as a counterpart to the legal link that the Terms constitute for the user. 

The foregoing, without prejudice to the express acceptance that may be required from time to time by the Platform itself.

Applicable law, divisibility, and exercise of rights

These Terms, as well as any interaction, relationship, communication, conflict or controversy that may arise between the Users and the Company, will be governed under the law of the Republic of Chile, and will be subject to the jurisdiction of the ordinary courts of justice within of the seat of the Court of Appeals of Santiago. 

The nullity of one or more conditions of these Terms will not produce the complete nullity of the same, unless a judicial declaration to that effect, and in such case only and exclusively of said conditions thus qualified as null, thus surviving the Terms. declaration of said nullity in all those conditions and provisions that by themselves and for their account or consideration did not suffer from such nullity.

The non-exercise of a right by the Company, as applicable under the Terms, will always be considered an act of mere liberality, and will not imply or presume waiver thereof, in any part, form, or case.

Intellectual property and use of trademarks

The Platform, and the content available on it, and all other elements associated with both, such as graphic elements, computer code, trademarks, logos, fantasy names, images, or other similar elements, insofar as they are the subject of intellectual rights. or industrial, are and will remain at all times property and ownership of the Company. The Use of the Platform does not grant the User any license or right over all or part of these elements subject to intellectual or industrial property, where applicable, outside the specific and restricted scope of the Use of the Platform itself.