Contracting Conditions of Shiran Efraty. Obstetrics and Professional Growth, S.L.
1.Identification of the website owner.
The owner of the website and all subdomains and directories included therein (hereinafter collectively referred to as the “Website”) is Shiran Efraty S.L., with its registered office at c/ Unión Mercantil 29, Portal 1, 4ºC, 29004 Málaga (Málaga), with CIF ESB67836023. Hereinafter, SHIRAN EFRATY S.L.
You can directly and effectively contact Shiran Efraty at the email address: shiran@shiranefraty.com.
2. Purpose.
This document establishes the general contracting conditions for the Courses offered on the Website.
Any other document that certifies the course you have contracted, including the particular conditions that may be agreed with you, will form part of your contract with SHIRAN EFRATY S.L.
The courses consist of non-regulated online training of the teachings provided. Some courses already have official certification, such as OPF, OPF II, and Shoulder Dystocia. The rest of the diplomas or certificates that may be issued are not official.
The offered Courses can be followed online, and depending on the type of course you contract, the materials that make up the training program of each course will be made available to you. These may consist of videos, audios, or downloadable work materials in PDF, a combination of all or part of them.
The characteristics and duration of each course are detailed in the product sheet or landing page of each one, which you declare to have read upon acceptance of these conditions.
Through the Website, you can access two types of courses: immediate access courses, available for one year from the time of purchase, and training programs with an established start and end date.
2.1. Immediate access courses: These are courses to be followed online through the Website without being subject to any start or end date. You can organize your time as you see fit before the course availability expires (the course is available unlimitedly for 1 year from its purchase, with the possibility of extensions with an annual maintenance fee. This right to extend access to the course is reserved for the first 3 months after its expiration).
2.1.1. Optimizing Maternal-Fetal Positions (OPF): The course includes 8 topics (16 hours of training) to learn current and ancient techniques and resources to facilitate childbirth. With PDF files, slides, downloadable exercises, and examples.
Bonus 1: Additional classes to OPF.
Bonus 2: Special discounts for OPF students.
2.1.2. Professionalism and Calm: The course includes 7 main topics composed of 15 video lessons (7 hours of training) in which we teach how to resolve shoulder dystocia and facilitate childbirth.
Examples and real cases of shoulder dystocia resolution.
2.1.3. Optimal Maternal Positions: The course includes 3 main topics in which you will find 6 video lessons, slides, PDFs, in which the anatomy and positions of mothers during childbirth will be analyzed to facilitate the baby’s birth.
2.2. Training programs with an established date: These are courses with an established start and end date, also followed online.
2.3 Downloadable products.
Some downloadable products such as templates or examples, among others, may be available to be added by the buyer before completing the purchase of any of the courses or to be specifically marketed. This additional downloadable product (PDF) will not have a right of withdrawal since the execution of the content is immediate upon purchase.
3.Contracting the Courses.
To contract any of the SHIRAN EFRATY S.L. courses, you must click on the link provided for this purpose, and you will be automatically redirected to the registration form where you must provide your personal data and proceed to pay for the course through the available payment method.
For the contracting of the courses, SHIRAN EFRATY S.L. uses the Thinkific platform.
Contracting through the Thinkific platform implies that the course is contracted with Thinkific in accordance with the terms established in these conditions and in accordance with their contracting conditions:
https://www.thinkific.com/privacy-policy
Once the process is successfully completed, the system will confirm the purchase by email within 24 hours and will provide you with a link to activate your account, select a password, and the URL to access the course.
You will also have access to the Virtual Campus where you can modify your personal data, contact support, and manage the viewing of the content you have contracted.
4.Intellectual Property of the Courses
SHIRAN EFRATY S.L. is the legitimate owner of all intellectual property rights to the offered Courses and content (including but not limited to images, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, applications necessary for its operation, access, and use, etc.).
It is expressly prohibited to reproduce, distribute, publicly communicate, including the making available mode, and transform the entirety or part of the Courses and/or content, on any medium and by any technical means, as well as any form of exploitation of these, without the express and written authorization of SHIRAN EFRATY S.L.
It is also expressly prohibited to remove, alter, bypass, or manipulate any protection device or security system that may be installed on the pages of SHIRAN EFRATY S.L.
For greater clarity, it is understood that practices such as reselling courses or contracting a course by one person and providing access to third parties are expressly prohibited and will be grounds for termination of the license agreement for the use of the Content, without the right to a refund of the amounts paid and without prejudice to SHIRAN EFRATY S.L.’s right to take appropriate legal action in defense of its legitimate interests.
It is noted that the violation of the aforementioned prohibitions may even constitute a crime against intellectual property as defined in Article 270 of the Penal Code, which may carry prison sentences.
5.License to use.
Contracting any of the Courses grants you an exclusive, temporary (1 year), individual, personal, and non-transferable license to use, in exchange for a determined price publicly displayed through the Website.
As many licenses must be contracted as users will access the Course.
SHIRAN EFRATY S.L. reserves the right to revoke access to the service, without refunding the paid amounts, in case of providing access to third parties other than the contracting party, without prejudice to SHIRAN EFRATY S.L.’s right to claim possible damages.
It is therefore expressly prohibited to use the Courses for any purpose other than your own training, and you are solely responsible for any improper or illegal use you may make of them.
6.Responsibility.
6.1. SHIRAN EFRATY S.L. cannot guarantee that there will be no interruptions or errors in accessing the Website or the Content. However, there is a firm commitment, as soon as it becomes aware of such incidents, to carry out all actions aimed at their restoration or repair, except in cases where this is impossible or difficult to execute.
6.2. It is expressly warned that the Content consists of advice, recommendations, or suggestions from professionals and/or users based on their own experience, and no specific result is guaranteed from the application of the methods contained in the offered courses.
SHIRAN EFRATY S.L. only guarantees the provision of the service consisting of providing training through the Courses.
7. Contracting Procedure:
7.1. Language: Currently, the contracting procedure can only be carried out in Spanish.
7.2. Copy of the conditions linked to the purchase: SHIRAN EFRATY S.L. will not keep a copy of these conditions linked to the contracting process, so we recommend that you keep a copy of them, although SHIRAN EFRATY S.L. will send you a copy of the contracting conditions in force at the time of each purchase.
7.3. Technical means: The system does not have technical means to identify and correct errors when you provide your data through the forms provided for this purpose, except that it detects if a required field, necessary to process the request, is pending completion.
7.4. Access keys: The access keys (username and password) are confidential. Therefore, you must use them with due diligence, keeping them securely so that they cannot be used by third parties, regardless of your relationship with them, as their transfer is not authorized, and in case of non-compliance, you will lose access to the course, without prejudice to SHIRAN EFRATY S.L.’s right to take appropriate legal action.
Consequently, you are obliged to immediately notify SHIRAN EFRATY S.L. of both the loss of access keys, regardless of the cause, and any danger or breach of your confidentiality, otherwise being responsible for any damage or harm caused through verified access via them.
7.5. Payment methods: You can make the payment using the available method at the time of contracting.
Payment by credit/debit card: If you make the payment using this method, you are guaranteeing that you are fully authorized to use the card in the contracting process. The charge on the card will be made in real-time through the bank’s virtual POS, once your data has been verified. We will not store any card data. At the time of order processing, the card data will be transmitted encrypted and absolutely securely, solely for the purpose of making the payment to the financial institution of the corresponding amount for the order placed.
The cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize the payment, we will not be liable for any delay or failure to deliver and will not be able to enter into any Contract with you. Additionally, we will be entitled to terminate the contract, suspending the services, without prejudice to claiming damages caused by the attempted fraud.
In case of any charge error or fraudulent charge to your credit card, you must notify us as soon as possible through the email info@shiranefraty.com, so we can proceed with the necessary steps.
The operation will be conducted according to the rules and procedures established by the relevant financial institutions. The final charge will depend on the terms and conditions of your bank and, in particular, the currency in which the card is issued.
In case of unjustified refusal of the payment method offered by the financial institution, SHIRAN EFRATY S.L. reserves the right to cancel the course without any compensation or penalty.
All prices are final, inclusive of taxes, unless specified otherwise.
Payment by PayPal:
If you have a PayPal user account, you can use this payment method. Similarly, if you make the payment through this system, you confirm that you have full authorization to use the PayPal account.
Payment by bank transfer:
In exceptional situations, we may accept payment by bank transfer. Contact us, and we will send you an email with the account number where you can make the bank transfer. If you want to expedite the verification of the payment made, you can send a copy of the transfer receipt by email.
Instalment or deferred payment:
Instalment or deferred payment is only allowed for those services specifically provided by SHIRAN EFRATY S.L. and published on the Website. An initial payment will be made, and then the remaining instalments will be charged according to the deadlines indicated during the contracting process. The instalments will be paid using the same payment method as the initial amount.
Failure to pay any of the instalments will entitle SHIRAN EFRATY S.L. to terminate the contractual relationship, canceling the customer’s access to the course(s), without prejudice to claiming the total course amount as compensation for damages.
Discount Coupons:
If you have a discount coupon due to a promotional action carried out by SHIRAN EFRATY S.L., you can include the code at the time of purchase, applying the corresponding discount according to the promotion’s terms. These discount coupons will not be cumulative and can only be used for each new contract you make. They cannot be applied together with other promotions.
8. Prices and Invoicing:
8.1. Prices: The course prices will be those published on the Website and will include VAT, if applicable, at the time of contracting, and must be paid as indicated during the contracting process.
8.2. Invoicing: The corresponding invoice will be issued, detailing the Value Added Tax (VAT) applicable at the time. You expressly consent to the issuance of a simplified electronic invoice, which you will receive by email. If you are considered a consumer and user, you can revoke this consent by sending an email to that effect.
9.Claims:
Any claim related to the provision of the service will be addressed to the email address mentioned above.
9.1. European Online Dispute Resolution Platform: The user, residing in the European Union, is also informed of the possibility of accessing the ODR (Online Dispute Resolution) platform through the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through this platform, consumers and merchants can submit claims via an electronic form available in all EU languages for all matters related to e-commerce or online services, in accordance with Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 and Directive 2013/11/EU of the European Parliament and of the Council on alternative consumer dispute resolution.
10. Right of Withdrawal:
The right of withdrawal is the ability granted by the consumer and user protection regulations (Royal Legislative Decree 1/2007, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users – TRLGDCYU) to void a contract concluded remotely within 14 days from the date of contracting without the need for any explanation and with the right to a refund of the amounts paid.
However, this regulation establishes exceptions to the right of withdrawal. Specifically, Article 103(m) of the TRLGDCYU provides that the right of withdrawal does not apply to the supply of digital content not provided on a tangible medium when execution has begun with the prior express consent of the consumer and user, with the knowledge that, as a result, the right of withdrawal is lost.
Therefore, by accepting these terms and conditions, if you have contracted any of SHIRAN EFRATY S.L.’s courses, you expressly consent to losing the right of withdrawal from the moment the digital content made available to you begins to be executed. In this case, SHIRAN EFRATY S.L. is not obligated to refund the amounts paid upon contracting the course in question.
Without prejudice to the loss of the right of withdrawal as provided above, the withdrawal period will expire 14 calendar days from the date of contracting the service in question.
10.1. How to Exercise the Right of Withdrawal: To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (e.g., a communication sent by email or postal mail). To this end, you can use the withdrawal form model provided below, although its use is not mandatory:
Model Withdrawal Form: (The user can copy and paste the following form into an email and complete their details if they wish to withdraw from the contract)
To the attention of Shiran Efraty. Obstetrics and Professional Growth, with a registered office at c/ Unión Mercantil 29, Portal 1, 4ºC, 29004 Málaga (Málaga), with NIF 7975856P and contact email: shiran@shiranefraty.com.
I hereby notify you that I/we withdraw from the contract for the sale of the Content ______________________, the request for which was made on //20.
Name and surname of the user(s): ________________________________
Address of the user(s): ________________________________________
Date of communication of withdrawal: //20__
10.2. Consequences of Withdrawal: In the event of withdrawal, upon receiving the communication, the amounts paid for contracting the corresponding course will be refunded as soon as possible.
11. Satisfaction Guarantee:
Without prejudice to the provisions in the previous section regarding the right of withdrawal and the loss thereof, once the digital content has begun to be executed, SHIRAN EFRATY S.L. offers you the possibility of terminating the contract with the right to a refund of the amounts you have paid, only and exclusively in the following cases:
If you have contracted a course and are not satisfied with the content, you can request the termination of the contract with a refund of the amounts paid for any of our courses within 14 days from the date of contracting.
12. Obligations of SHIRAN EFRATY S.L.:
SHIRAN EFRATY S.L. will indicate the necessary and/or optional academic documentation during each course, as well as the material resources that may facilitate your learning process.
SHIRAN EFRATY S.L. will welcome your suggestions for improving the courses and other activities. For any suggestion, whether academic or administrative, you can contact info@shiranefraty.com.
Concerning the scheduled training programs, SHIRAN EFRATY S.L. will inform you, in advance, of the order and development of the subjects that the academic management deems most appropriate for proper training.
However, SHIRAN EFRATY S.L. reserves the right to make occasional changes to the program content or faculty and the scheduled time. These changes will address the need to update the content, improve the achievement of educational objectives, or address unforeseen or unavoidable circumstances, such as the illness of a team member. In any case, SHIRAN EFRATY S.L. will make every effort to make the appropriate substitutions or modifications to avoid affecting the course’s quality. These modifications will not reduce the quality of the Course.
SHIRAN EFRATY S.L. will not be responsible for the travel and/or accommodation expenses you may have contracted to attend any in-person event of any of the Courses.
13. Obligations of the Student:
In addition to the obligation to pay the price of the contracted Course, you must fulfill the other obligations outlined in these conditions.
13.1. Rules of Conduct: You agree to take the courses with respect for other students, teachers, and SHIRAN EFRATY S.L. staff and their academic discipline.
Concerning in-person or online group sessions, you also agree to respect customs, be punctual, and not interrupt or hinder their normal development.
You must participate, study, submit the assignments proposed by the SHIRAN EFRATY S.L. team, and pass the tests established by the academic management to obtain the corresponding certificate.
13.2. Expulsion: You may be expelled when you seriously or repeatedly violate the obligations outlined in these conditions. A serious violation includes:
- Any lack of respect toward other students, teachers, or SHIRAN EFRATY S.L. staff.
- Breaching intellectual property obligations regarding course content.
- Providing false information during the admission process and failure to pay the program’s total price within the stipulated deadlines.
Expulsion means the loss of your rights to access the SHIRAN EFRATY S.L. Virtual Campus and the non-obtaining of the certificate that may have been planned for completing the course, as well as the loss of the amounts paid.
13.3. Withdrawal: In scheduled training programs, given that SHIRAN EFRATY S.L. commits to reserving a place for the student, and the impossibility of filling the vacancy left by the student, the student will not be entitled to any refund if they withdraw from the course once it has started and outside the established satisfaction guarantee period.
13.4. Safe Email: The student agrees to mark any communication received from SHIRAN EFRATY S.L. as safe email to avoid such communications being marked as “spam,” “promotions,” or “notifications,” and they also agree to periodically check their “spam” folder. The student is responsible for failing to fulfill this obligation.
13.5. Assignment of Intellectual Property Rights: The student grants SHIRAN EFRATY S.L. a non-remunerated worldwide license for two years to exploit the works they create during the course, which SHIRAN EFRATY S.L. may only use for academic or research purposes, always crediting the author.
14. Minimum and Maximum Number of Students:
Scheduled training programs may have a maximum number of students. Once this limit is reached, no more students will be admitted.
Even if you have contracted the course, if the minimum number of students required to hold the course is not met, SHIRAN EFRATY S.L. reserves the right not to provide the course, refunding the amounts paid by enrolled students, without the student having any claim in this regard.
15. Certificates or Diplomas:
To obtain the certification for officially accredited courses, the student must complete the requirements set by the academic management (practical work, participation, project submission, etc.).
16. Modification of Contracting Conditions
SHIRAN EFRATY S.L. reserves the right to modify the contracting conditions of the courses.
17. Applicable Law:
These terms, conditions, and policies will be governed by Spanish law.
