Terms and conditions of the service for users
1. DEFINITIONS
– SHAKING HUB: MONDRAGON S. COOP., with Tax Identification no. F20350823, its registered office at Pº José María Arizmendiarrieta, registered under no. 162 in the Cooperative Register on 8-02-1991, and entered in the Basque Cooperative Register under no. 2/91, folio GUI-324, entry no. 324, owner and administrator of the Website.
– SHAKING HUB: A community, social network and website that specialises in group training and talent management.
A service for Users who visit the Website; a tool for talent management and training; user registration for events, activities, courses, workshops, seminars, all of which are held online; access to informative content, communications and information of interest; any other services that are created which SHAKING HUB deems of interest to its Users, such as networks of professional contacts and/or forums. (Hereinafter, the Service)
– Third-party affiliate or Ambassador: affiliates of SHAKING HUB from the technology and education sectors; professionals, entities or organisations. Sometimes, events, knowledge pills, courses and seminars will be organised and delivered by these third parties, to whom it will be necessary to disclose the identity and contact details of the Users, and to share the content or material generated by the User within their chosen activity.
– Users: An individual over eighteen years of age, who accesses the Website free of charge.
– Personal data: any information concerning individuals who are identified or identifiable.
– SHAKING HUB content: events, knowledge pills, courses, seminars, information, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, generally, any kind of material that can be accessed through the Website or the Services.
– Shaker content: comments, assignments, questionnaires, papers or projects created by a Shaker.
– Cookies. Data storage and retrieval mechanisms that are installed on the User’s device and allow the Service to be measured, monitored and improved and will identify the User’s device every time they access the Website and/or Service.
2. PURPOSE OF THE T&Cs
2.1 SHAKING HUB offers a set of free or paid services for Users through the Website, aimed at promoting talent and training in a cooperative environment, through Content that is the responsibility of SHAKING HUB and/or Third-party affiliates/Ambassadors.
2.2 The purpose of these T&Cs is also to establish the conditions that apply to the SHAKING HUB Content or Services that are accessible to Users and/or Shakers.
2.3 Upon accepting the T&Cs, the USER may, on request, receive relevant information, sometimes personalised, mostly delivered by electronic means of communication.
3. SERVICE AND ACTIVITIES AVAILABLE
3.1 Free access to SHAKING HUB, a talent management and training service.
3.2 Registration and enrolment for different events, training content and/or free or paid knowledge pills, courses and seminars.
3.3 Information of interest; news on services provided and/or activities that may relate to talent management and training.
3.4 Directory for different Shakers to upload content, and share it in SHAKING HUB.
3.5 General service relating to talent management and training, optimised through collaborative educational research between SHAKING HUB and professional experts from the education and technology sectors.
3.6 If, in order to promote the content shared with SHAKING HUB, the User and/or Shaker chooses to include Testimonials, Certifications and claims, these must be truthful and their authenticity must be verifiable. The User and/or Shaker declares that any Content they submit shall not, under any circumstances, (a) be contrary to the law, decency and commonly accepted good conduct or public order; (b) infringe intellectual and industrial property rights, trade secrets, contractual commitments of any kind, the rights to honour, to personal and family privacy and to reputation of individuals and/or rights of any other kind; (c) entail any form of unfair competition or illegal advertising; (d) involve misleading, inaccurate, incomplete, irrelevant and/or outdated content being transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by SHAKING HUB; and (e) they shall not upload any material in order to damage or change SHAKING HUB.
3.7 SHAKING HUB reserves the right to modify, correct, change or cancel the SHAKING HUB service. The User shall be notified of any such changes by email or through an announcement on SHAKING HUB.
4. INTELLECTUAL PROPERTY OF THE USER AND/OR SHAKER
4.1 All Content that the User and/or Shaker submits to SHAKING HUB is owned by the User and/or Shaker. The intellectual property rights shall belong to its author, i.e. the User and/or Shaker. Third-party affiliates from the education and technology sectors (professionals, renowned entities or organisations and experts) who act as moderators, speakers, teachers, proofreaders of, for example, the User’s and/or Shaker’s work, shall only have rights over it if their work entails more than simple proofreading, guidance or supervision and they become co-authors, resulting in a collaborative project. Otherwise, the supervision or guidance does not in itself give rise to any intellectual property rights over the work or content developed by the User and/or Shaker.
4.2 Only if the User and/or Shaker and SHAKING HUB so desire, and subject to prior agreement between the parties, may the transfer of the aforementioned rights to SHAKING HUB be agreed upon.
5. COST OF THE SERVICE
5.1 Broadly speaking, access to SHAKING HUB is free of charge. The only requirements: (i) enter https://shakinghub.com/ (ii) browse the Website and/or, (ii) register as a USER by accepting these T&Cs.
5.2 Any Services and Content with a cost shall be identified as such in their description, and the method and means of payment shall be set out in the conditions of registration.
6. OBLIGATIONS OF THE USER
6.1 The Service shall only be available to persons who are SHAKING HUB Users, have a User Account and are at least eighteen years old.
6.2 The USER must use the Service for Users in a lawful manner at all times, in accordance with current legislation. In this sense, the USER warrants that any activities that they carry out through the Service for Users shall be in accordance with the law, decency, public order, good conduct and in no way injure the good reputation and commercial image of SHAKING HUB, the owner of the Website, and the various Third-party affiliates/Ambassadors.
6.3 The USER shall not engage in any activity through the Service for Users that damages or alters the content, or impedes its proper functionality, refraining from causing technical problems of any kind and from transferring files that may contain computer viruses or damage, interfere with or intercept all or part of the Website managed by SHAKING HUB.
6.4 The USER is solely responsible for the accuracy of the data entered, so if they have provided false or inaccurate information, SHAKING HUB reserves the right to prohibit access to the Website, its Service and/or Content.
6.5 The USER acknowledges and accepts that the Service for Users, and its Content, is to be used for private and personal purposes, and it is expressly forbidden to use it for any business and/or commercial activity.
7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
7. 1 The USER accepts that, if the applicable law so permits, SHAKING HUB disclaims all liability for damages of any kind that may arise from accessing the Website, Service or Content, and in particular, but not exclusively, for damages that may be due to (a) a failure to conform to the law, decency, commonly accepted good conduct and public order; (b) the infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, the rights to honour, personal and family privacy and reputation of individuals, of property rights and any other rights belonging to a third party, as a consequence of accessing and/or using the Website, Service or Content; (c) engaging in unfair competition and unlawful advertising as a result of accessing the Website, Service or Content; (d) content that is untrue, inaccurate, incomplete, irrelevant and/or out-of-date; (e) unfitness for any purpose whatsoever and failure to meet the expectations created by using the Service for Users; (f) flaws and defects of any kind in the Content shared, disseminated, stored, made available or otherwise transferred, received, obtained or accessed through the Service for Users.
7.2 The Service for Users is available 24 hours a day, every day of the year. Notwithstanding the foregoing, SHAKING HUB reserves the right to suspend the Service for Users in the following instances (non-exhaustive): (i) to perform maintenance and security activities, (ii) to improve and install new features, (iii) to verify/monitor operation/usage, (iv) in the event of a failure or potential failure.
7.3 The USER acknowledges and accepts (i) the characteristics and limits of the Internet, (ii) that the confidentiality of data transmitted over the Internet cannot be fully guaranteed and that such data may be intercepted by malicious users, (iii) that the response times of the services may be affected by network problems, (iv) that the application provided to the USER uses complex functionalities and that it is not possible to test all potential uses.
7.4 The USER acknowledges that the Service for Users may contain defects and errors. Users access the Internet without any intervention on the part of SHAKING HUB and all use of Internet access is at the USER’s own risk. To the fullest extent permitted by applicable law, SHAKING HUB disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement of third-party rights, merchantability or fitness for a particular purpose, availability and continuity, usefulness, reliability and/or quality.
8. DATA PROTECTION POLICY. ORIGIN, PROCESSING AND INTENDED USE OF PERSONAL DATA
All information on the processing of personal data is contained and detailed in the Data Protection Policy.
Notwithstanding the above, you are hereby informed:
8.1 In order to access and/or use some of the Services, Users must first provide SHAKING HUB with certain personal data (hereinafter, the “Personal Data”), which SHAKING HUB shall process automatically and save in a file for the purpose of providing the SHAKING HUB services.
8.2 SHAKING HUB shall give prior notice of all such occurrences to Users, whenever and however it is legally required to do so.
8.3 If the User provides the personal data of third parties, they shall inform such third parties of the content of the data provided, the existence and purpose of the file containing their data and the possibility of exercising their rights; they shall identify SHAKING HUB and must obtain the consent of the third party to disclose their data to SHAKING HUB.
8.4 SHAKING HUB warrants that it has taken appropriate security measures for its facilities, systems and files. SHAKING HUB also guarantees the confidentiality of the Personal Data. However, SHAKING HUB shall disclose Personal Data and any other information in its possession or accessible through its systems to the competent public authorities when required to do so in accordance with the applicable laws and regulations.
8.5 Users have and may exercise their rights of access, erasure, rectification and objection, they may request the portability of their data or withdraw their consent at any time by contacting SHAKING HUB, by following the procedure for exercising their rights described for this purpose in the Data Protection Policy.
9. COOKIES POLICY
All information on the processing of personal data is contained and detailed in the Cookies Policy.
10. INFORMATION SECURITY
SHAKING HUB agrees to adopt the necessary technical and organisational measures to ensure the security of personal data and prevent it from being tampered with, lost, processed or accessed without authorisation, taking into account the state of the art, the nature of the data stored and the risks to which they may be exposed, whether from human action or from the physical or natural environment.
11. TERMINATION OF THE CONTRACT
SHAKING HUB may stop providing the Service for Users, without prior notice, in the following cases: (i) unethical, offensive or improper use of the Service by the User in breach of the T&Cs; (ii) a breach of any of the obligations assumed under these T&Cs; (iii) the User remaining inactive in the Service for a period of eighteen (18) months.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1 These Terms are governed by Spanish law.
12.2 Expressly waiving their entitlement to any other jurisdiction, SHAKING HUB and the User agree to submit to the Courts with jurisdiction at the registered office of SHAKING HUB for any dispute that may arise from the provision of the services covered by these Terms of Use. If the address of the User is outside Spain, also expressly waiving any other jurisdiction, SHAKING HUB and the User submit to the Courts of the city of Bergara (Guipúzcoa).
