Terms of Service / Terms and Conditions of Sale
kica-academy.com
1. Introduction
These Terms and Conditions (“Terms”) govern:
- the use of books.kica-academy.com (the “Website”); and
- the purchase and supply of products made available through the Website, including digital content (the “Products”); and
- any other related agreement or legal relationship with the Owner,
in a legally binding way.
Capitalized words are defined in the Definitions section of this document.
By using the Website and/or purchasing Products, the User confirms that they have read, understood, and agree to these Terms.
2. Owner and Seller Information
This Website is provided by and Products are sold by:
KICA ACADEMY SL
NIF: B22594782
VAT: ESB22594782
Registered address: CALLE JERICO NUM 18, 08035 BARCELONA, SPAIN
Director/Legal representative: Vladyslav Fastivets
Owner contact email: info@kica-academy.com
3. What the User should know at a glance
- Purchases made by Consumers located in the European Union may be subject to EU consumer protection rules, including the right of withdrawal; however, for digital content, the right of withdrawal may be lost once performance begins, if the Consumer has given prior express consent and acknowledged the loss of the withdrawal right (see Section 12).
- These Terms include a limited, personal license for digital content (e.g., eBooks). The User does not acquire ownership of the digital content (see Section 11).
TERMS OF USE
4. Account registration
Users may create a User account by providing all required information in a complete and truthful manner. Users may also use the Website without registering; however, certain features may be limited.
Users are responsible for keeping their login credentials confidential. Users agree to be fully responsible for all activities that occur under their account.
Users must promptly notify the Owner if they believe their account, access credentials, or personal data have been compromised.
5. Account termination
Users can terminate their account at any time by contacting the Owner at the contact details above.
6. Account suspension and deletion
The Owner may suspend or delete User accounts at its discretion, without notice, where reasonably necessary to protect the Owner, other Users, or third parties, including in cases of suspected breach of these Terms, unlawful activity, fraud, abuse, or infringement of intellectual property.
Suspension or deletion due to causes attributable to the User does not exempt the User from paying any fees or prices due.
7. Content on this Website
Unless otherwise specified, all content available on the Website is owned or provided by the Owner or its licensors and is protected by applicable intellectual property laws.
Users are invited to report alleged infringements using the contact details above.
8. Acceptable use
Users may only use the Website and the Service within the scope of what they are provided for, under these Terms and applicable law.
The Owner may take appropriate measures to protect its legitimate interests, including denying access to the Website, terminating accounts, or reporting misconduct to competent authorities, where Users engage or are suspected to engage in activities that violate law, these Terms, or third-party rights.
TERMS AND CONDITIONS OF SALE
9. Products and personal data
To access or receive some Products, Users may be required to provide personal data as indicated during the purchasing process.
10. Paid Products
Some Products are provided on the basis of payment. The price, currency, taxes (if applicable), and any additional costs are shown during checkout before the order is placed.
11. Digital Products: license and usage rights (IMPORTANT)
Where the Product is digital content (including eBooks, downloadable files, and similar digital materials), the User purchases a limited license, not ownership.
Unless explicitly stated otherwise on the Website, upon successful payment the Owner grants the User a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and/or download and use the digital Product solely for the User’s personal, non-commercial use.
11.1 Prohibited uses
Users must not, and must not allow any third party to:
- reproduce, distribute, resell, rent, lease, share, sublicense, publish, upload, or make the digital Product available to others (including via file-sharing services, social networks, “drive” links, or messaging apps);
- modify, translate, adapt, create derivative works from, or remove copyright notices/watermarks;
- use the digital Product for commercial purposes, training, or teaching without the Owner’s prior written permission.
The Owner reserves all rights not expressly granted.
11.2 Enforcement and remedies
The Owner may suspend access, terminate accounts, revoke licenses, and/or pursue legal remedies where it reasonably believes the User has infringed the Owner’s intellectual property rights or otherwise violated these Terms.
12. Delivery of digital content
Unless otherwise stated, digital content is delivered via download and/or access on the device(s) chosen by Users.
Users acknowledge that to access and use digital Products, their device(s) and software must be legal, commonly used, up to date, and consistent with current market standards.
The ability to download/access digital Products may be limited in time and/or by technical constraints (e.g., security measures, account access, platform limitations).
13. Purchasing process and contract formation
The purchasing process includes:
- selecting the Product and verifying the selection;
- reviewing checkout information;
- placing the order by submitting it.
When the User submits an order:
- a binding contract is concluded; and
- the User becomes obligated to pay the price, taxes, and any applicable fees shown at checkout.
After order submission, Users will receive a receipt/confirmation to the email address provided.
14. Prices and taxes
Users are informed during checkout, before order submission, about any applicable fees, taxes, and costs.
Prices may be shown inclusive or exclusive of taxes depending on the User’s location and applicable tax rules.
15. Payment methods
Accepted payment methods are shown during checkout.
Payments are processed by third-party providers. The Website does not collect full payment card details; it receives confirmation from payment providers once payment is completed.
If a payment fails or is refused, the Owner is not obliged to fulfill the order and may cancel the transaction.
16. Authorization for future PayPal payments (if applicable)
If Users authorize PayPal features that allow future payments, the Website may store an identification code linked to the User’s PayPal account to process future purchases or recurring payments. Users can revoke this authorization via PayPal settings or by contacting the Owner.
USER RIGHTS: WITHDRAWAL / CANCELLATION / REFUNDS (DIGITAL CONTENT)
17. EU Consumers – Right of withdrawal (general rule)
Where applicable, European Consumers have a statutory right to withdraw from distance contracts within 14 days without giving any reason.
18. Digital content – loss of the right of withdrawal (EU/UK) (IMPORTANT)
Where the purchase is for digital content not supplied on a tangible medium (e.g., eBooks, downloads), the User acknowledges and agrees that:
- the Owner may provide immediate access to the digital Product; and
- once access, download, or streaming begins, the User loses the right of withdrawal/cancellation to the extent permitted by applicable law, provided that the User has given prior express consent and acknowledged the loss of the right.
18.1 How express consent is given
By completing checkout and clicking the purchase/confirmation button (e.g., “Pay now”, “Buy”, or equivalent) and by accessing/downloading the digital Product, the User:
- expressly requests immediate performance of the contract; and
- acknowledges that they will lose their right of withdrawal/cancellation once the digital content is made available and performance begins.
(Where the checkout flow includes a separate checkbox for this consent/acknowledgment, that checkbox forms part of the User’s express consent.)
19. UK Consumers – Right to cancel
UK Consumers may have a legal right to cancel within 14 days, subject to the digital content exception described in Section 18.
20. Other jurisdictions
Mandatory consumer rights in the User’s country of residence remain unaffected. Where local law grants higher protection that cannot be waived, such rights prevail to that extent.
GUARANTEES AND CONFORMITY (DIGITAL CONTENT)
21. EU legal guarantee of conformity for digital content
Under EU law, where applicable, digital content must conform to the contract. Where Users qualify as European Consumers, mandatory rights under the law of the User’s habitual residence apply. National laws may grant broader rights.
For issues such as inability to access the file, corrupted downloads, or material defects that make the digital Product unusable, Users should contact the Owner for support and an appropriate remedy (e.g., re-delivery, access restoration), subject to applicable law.
LIABILITY AND INDEMNIFICATION
22. Limitation of liability
To the maximum extent permitted by applicable law, the Owner’s liability is limited and/or excluded as set out below. Nothing in these Terms excludes liability where exclusion is not permitted (e.g., for intent, gross negligence, or mandatory consumer rights).
Where liability cannot be excluded, the Owner is liable only for typical and foreseeable damages at the time the contract was entered into.
23. Indemnification
To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Owner and its officers, directors, employees, agents, affiliates, and partners from claims arising out of the User’s breach of these Terms or violation of law or third-party rights.
COMMON PROVISIONS
24. Service interruption
The Owner may interrupt the Service for maintenance, updates, or other changes. The Service may be unavailable due to events outside the Owner’s reasonable control.
25. Intellectual property
All intellectual property rights related to the Website and Products are the exclusive property of the Owner or its licensors. All rights not expressly granted are reserved.
26. Changes to these Terms
The Owner may amend these Terms at any time. Where legally required, Users will be notified in advance. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
27. Assignment
The Owner may transfer or assign rights and obligations under these Terms, taking Users’ legitimate interests into account. Users may not assign their rights without the Owner’s written consent.
28. Severability
If any provision is invalid or unenforceable, the remaining provisions remain in full force and effect.
29. Governing law
These Terms are governed by the laws of Spain, without prejudice to mandatory consumer protection laws of the User’s country of habitual residence where applicable (especially for Consumers in the EU/UK).
30. Jurisdiction
For Users acting as businesses (non-Consumers), the courts of Barcelona, Spain shall have exclusive jurisdiction.
For Consumers, jurisdiction rules of the Consumer’s place of residence apply where mandated by law.
31. Dispute resolution and complaints
Users may bring disputes to the Owner who will attempt to resolve them amicably. Complaints can be submitted by email and should include relevant order details.
The Owner will process complaints without undue delay.
32. Online dispute resolution (EU Consumers)
EU Consumers may use the European Commission’s Online Dispute Resolution platform where applicable.
PRIVACY AND COOKIES
Personal data processing and cookies are governed by the Website’s Privacy Policy and Cookie Policy, which form separate documents. Users should refer to those policies to learn about data processing, international transfers, and their rights.
DEFINITIONS
(You may keep your existing Definitions section largely as-is, but ensure “Owner” reflects KICA ACADEMY SL and remove/adjust any US-only wording that contradicts Sections 29–30.)
Owner (or We): KICA ACADEMY SL, details in Section 2.
User (or You): any natural person or legal entity using this Website.
Consumer: a User qualifying as a consumer under applicable law.
Digital Product: content supplied in digital form and/or services allowing access to such content.