Sukiyomi Works, S.L. (hereafter “THE CAPSULE COMPANY”) is a company whose business consists in giving business clients access to an IT application via its website www.thecapsulecompany.com, which in return for payment, allows the creation and distribution of Knowledge Capsules to users and/or recipients as set up by the business clients.
- Services and material offered on the website: “THE CAPSULE COMPANY” uses this website and the previously mentioned IT application, to provide an online learning and training service. This online training service works as follows:
The platform allows the client to:
Each capsule is made up of four elements: text, diagrams, exercises and possible solutions (in the form of Feed-Back sent with each solution).
- Create his/her own learning capsules.
- Schedule and deliver the capsules to the registered users.
- Use capsules from “THE CAPSULE COMPANY’S” list of pre-designed capsules.
- Access a control screen where they can manage all the above functionality, check the history of previously delivered capsules and verify the degree of completion of each capsule by the each user.
- Intellectual Property: “THE CAPSULE COMPANY” - either in its own capacity or acting on behalf of authors who have given it the authority to distribute their material - is, and at all times remains, the sole owner of all the intellectual property rights of all the contents on the website, including the individual Knowledge Capsules listed in the catalogue on the website..
Under no circumstances is the transfer of the intellectual property rights to the client, user and/or recipient to be assumed. Only the right to personal or private use of the contents of each Knowledge Capsule is granted.
The client, user and/or recipient may under no circumstances distribute the material contained in the Knowledge Capsules to third parties unless “THE CAPSULE COMPANY” has given them written permission in advance to do so.
Nevertheless, given the nature of intellectual property ownership rights, where material is in the hands of others, if for any legally established exception, selected material from the knowledge capsules is to be distributed to third parties, then both the author’s rights and the source must be clearly indicated on the material distributed.
“THE CAPSULE COMPANY” is the sole owner of the intellectual property rights for its Website and the graphic design and the source code thereof. The client, user and/or recipient acknowledges that any unauthorised publication, sale, public distribution or alteration thereof will constitute a breach of “THE CAPSULE COMPANY’S” intellectual property rights and as such will be punishable under law.
In addition, clients and/or users who use the functionality as provided via the software to create Knowledge Capsules retain the sole intellectual property rights of any such material. “THE CAPSULE COMPANY” will not allow other users and/or clients to access or view any such material.
- Responsibilities: The client, user and/or recipient agrees to use the service made available via the website in such a way that its use may not be deemed illegal and thus infringe “THE CAPSULE COMPANY’S” legally recognized rights.
Should any of the situations described herein come about, then “THE CAPSULE COMPANY” maintains the right to discretionally interrupt or refuse access by clients and/or users to the paid contents.
Company clients must use the services made available via the platform via one or various users who have been set up as main users. These main users will manage the recipient selection and the delivery of knowledge pills on behalf of the company client. “THE CAPSULE COMPANY” will not be held responsible for any misuse of the system or the platform by these main users. Nor will it assume responsibility for any loss or damages arising out of any such misuse.
- Registration and access passwords: In order to access the services offered by “THE CAPSULE COMPANY”, the client/user must register via the client registration process and this carries no cost.
Upon registering, each client must enter a confidential user name and password. This user name and password will be unique, personal and non-transferable and will be the only way to access the paid contents on the website.
Completion of the client registration process does not imply automatic acceptance of the client’s subscription to the services. Such acceptance will be subject to approval by “THE CAPSULE COMPANY” and confirmed as accepted in an email to the applicant.
The main users agree to keep their passwords secret at all times. Should a password be lost, stolen, become known to others or its use become compromised for what ever reason, then they must request that it be changed.
Where it is considered that a password is being used unlawfully, “THE CAPSULE COMPANY” reserves the right to discretionally delete it.
The client/user assumes full responsibility for access to the services provided via the password given to them and thus assumes full responsibility for access by others using their password.
- General sales conditions and mailing of Capsules: La prestación de servicios que da origen a este Contrato tiene carácter oneroso, y el Cliente-usuario deberá pagar a “THE CAPSULE COMPANY” el precio (incluido el impuesto oportuno) correspondiente a cada servicio determinado (envío efectivamente realizado). “THE CAPSULE COMPANY” emitirá vía e-mail la factura correspondiente con detalle de todos los conceptos que conforman dicha factura. El mantenimiento y la permanencia en la aplicación serán gratuitos.
In the month that first mailing is sent, THE CAPSULE COMPANY will issue an invoice to the client for a total of 3.000 euros (VAT not included) as an advance on future mailings. As and when additional mailings are sent, their cost will be deducted from this amount until it has been used completely. The client will have 12 months from the date of the invoice to consume this credit. After that, mailings will be billed once sent.
The client can see details of the their balance and what has already been used via the Control Panel or by emailing THE CAPSULE COMPANY´s client support team.
The price of each service and/or product is specifically determined in the client’s Control Panel under the section “Company Information” and the requirement to select “confirm delivery” when a new delivery is created via the Control Panel confirms acceptance of these rates and prices.
Delivery Methods: The knowledge pills will be delivered via email.
Payment Method: This will be via credit card. Nevertheless, should you wish to choose a different payment method, that option should be marked and the Client Services Department will get in contact with you to establish the payment method.
- Jurisdiction: The parties involved herby agree that all issues and questions that may arise as a result of the interpretation, execution or non-fulfilment of these conditions of use, will, regardless of where any dispute should arise and setting aside any personal rights, fall under the jurisdiction of the Law Courts of Madrid (Juzgados y Tribunales de Madrid).
In all cases, the conditions herein are governed by Spanish Law.