WEBSITE

Terms and Conditions for the use of the website datadrivenaba.com

Last updated: March 16, 2022

Definitions

“Platform”: the website “Data Driven ABA” located on the datadrivenaba.com domain, and the organization of technical and information services managed through the website;
“User”: the User of the Platform;
“Client”: the User who has requested a service through the Data Driven ABA Platform, by entering personal information in one of the registration forms of the website and by clicking on the button “I ACCEPT”;
“Consultant”: the professional (psychologist, educator, BCBA®, etc.) who is engaged to provide his services in favour of Clients through the use of the Platform;
“Services”: the set of all the activities/tools/resources/services offered by the Platform in favour of Users, Clients and Consultants.

Art. 1 – Who we are

Data Driven ABA is an online Platform created by Gerard Enrico Segura Machado (resident in Winkelriedstrasse 10, Schaffhausen 8200, Switzerland, e-mail gerard@datadrivenaba.com, mobile: +41 76 421 00 88) with the aim of bringing into contact Consultants working in the field of Applied Behavioral Analysis (ABA) and Users who are potentially interested in obtaining educational services based on ABA by qualified professionals.

Art. 2 – Agreement and Contract Amendments

All Services are governed by the following Terms and Conditions – for the reading and understanding of which you must take the necessary time – and by any further information provided on the website and via e-mail.

By accessing the website, browsing, or using the Platform in any way, the User agrees to accept and be bound by the Terms and Conditions set out.

Data Driven ABA reserves the right to change, modify, add or remove one or more parts of the following Terms and Conditions at any time.

Consequently, it is suggested that you review them periodically, in order to stay updated on any changes. The contractual changes will be effective immediately after the publication of the modified version on the website. The use of the same by you will be considered as an acceptance of the modified conditions.

For any information relating to the processing of personal data (Privacy), please refer to the specific section at the following link: Privacy Policy.

Art. 3 – How to Use the Platform

The Services of the Data Driven ABA platform are provided to the User in the following ways (go to the Intervention page to get further information):

1. The User interested in a Service reads the “General terms and conditions of sale” of the Consultant in the page: Registration

2. If the User has read the “General terms and conditions of sale” and is in agreement with the document, the User fills in the registration form proposed by the Platform. In doing this, the User undertakes to guarantee the truthfulness and completeness of the information communicated through the registration form and to have legal and natural capacity to act, as well as – where required – the power of representation, either legal or organic, of the person in the name and on whose behalf he/she acts.

3. The contract named “General terms and conditions of sale” is considered signed when the User has:

filled in the registration form on the Platform with all the personal information required for his/her case;
checked all the checkboxes related to the acceptance of the contract;
submitted the registration form with one click on the button “I ACCEPT”.

By electronically checking the specific tickbox on the registration form and by electronically sending their personal information with one click on the button “I ACCEPT”, the User (now named “Client”) legally accepts all the conditions of the contract “General terms and conditions of sale”, including the conditions related to confidentiality and data protection.

4. The Client will receive a confirmation email with a copy of the data submitted.

5. After signing “General terms and conditions of sale”, all consequent relationships (management of services, payments, billing, etc.) will be managed directly by the Consultant, without Data Drive ABA being in any way part of the contract and, in any case, without any responsibility for the management of the professional relationship.

6. All the information about prices, cancellation policy, or any other information related to the Services are described in the “General terms and conditions of sale” document. Data Driven ABA has no responsibility for such content, for which the Consultant is responsible instead.

Art. 4 – Costs, payments and billing

The use of the Platform is completely free of charge. Signing the document “General terms and conditions of sale” through one click on the button “I ACCEPT” of the registration form will imply charges for services as described in the document “General terms and conditions of sale” of each Consultants. What is described in Art. 7 applies in relation to the Platform and its owner.

Art. 5 – Client’s Obligations

Unless otherwise established, all elements (such as images, sounds, documents, logos, databases, etc.) present on this site are protected by copyright or other intellectual property rights belonging to Gerard Enrico Segura Machado or other third parties.

These rights remain the property of Gerard Enrico Segura Machado or other third parties. The authorization to use the Platform is strictly limited to what is necessary to register for the Services offered. All trademarks, trade names, company names, domain names, logos, photographs, images, or other distinctive signs used in the Platform to identify the website are the exclusive property of Gerard Enrico Segura Machado and/or third parties and it is not possible to use them in any way.

For the same reason, the personal data and the e-mail address written in registration form must be exclusively the real personal data of the person who is signing, and not of third parties or fictional parties.

Art. 6 – Ownership of the Site and the Software

Clients, by way of example and not limited to, will not be able in any way to:

reverse engineer, decompile, disassemble, modify or create derivative software on the software owned by Data Driven ABA;
operate the computer systems to access sections of the site without authorisation;
copy, store, modify, change, prepare derivative works or alter in any way the contents of Data Driven ABA;
use any robot, spider, site search / retrieval application, or any other automatic device, process or means to access, retrieve, scrap or index any portion of the web app or its contents;
use the know-how, materials, ideas, images, texts, formats, scripts of Data Driven ABA to create similar or derivative services;
allow access to the private area by third parties unrelated to this contract;
disclose or share the contents of the reserved area with third parties unrelated to this contract;
use the service for purposes other than those stated, with or without profit.

Data Driven ABA reserves the right to take legal action for any offense committed, in violation of this clause.

Art. 7 – Limitation of Liability

Data Driven ABA’s activity consists exclusively in bringing Clients and Consultants into contact and providing them with an easy way to establish a relationship remotely.

The contractual relationship about the services provided is established exclusively between the Consultant and the Client; the professionals operate in absolute autonomy and are exclusively responsible for any acts, facts, negligences, conduct or inexperience carried out in the activity carried out in favour of the Client, for which Data Driven ABA and Gerard Enrico Segura Machado deny any responsibility.

The single Consultant is responsible for his/her own “General terms and conditions of sale” contract.

Data Driven ABA and Gerard Enrico Segura Machado are not responsible for the Consultants’ activities and, in the event of their professional liability, Data Driven ABA and Gerard Enrico Segura Machado are indemnified from now on from any exclusive or concurrent liability with them.

Data Driven ABA and Gerard Enrico Segura Machado are also not responsible for any interruptions, suspensions, or malfunctions of the Services due to major force or in any case independent of their will.

Data Driven ABA and Gerard Enrico Segura Machado are solely responsible for the proper functioning of the Platform.

However, they will not be responsible for service malfunctions or suspensions due to third parties (by way of example but not limited to, malfunctions of the hosting, internet network, e-mail provider, etc.)

In any case, in the event that Data Driven ABA and Gerard Enrico Segura Machado should be held responsible for any malfunctions, the User undertakes to limit his claim to the reimbursement of the activities already paid and which he has not been able to use.

Art. 8 – Support

It being understood that the professional relationship exists only between Client and Consultant, Data Driven ABA intends to provide the User with the best possible assistance experience.

For any problems with the Data Driven ABA web Platform, information or clarification, the User can contact us through the contact form.

Art. 9 – Right of Withdrawal

The Client has the right to withdraw his/her consent to the “General terms and conditions of sale” at any time by contacting the Consultant directly. The terms of withdrawal and reimbursement are written in the “General terms and conditions of sale” document of each Consultant.

Art. 10 – Suspension or Termination of Service

Data Driven ABA reserves the right to terminate or suspend the Service at any time and without notice.

Art. 11 – Violations of the Terms of Use

In case of violation of the Terms and conditions of use of the Platform by the User, Data Driven ABA reserves the unquestionable right to implement any initiative to protect the Platform.

By way of example and not limited to, and without prejudice to any further compensation for any damages suffered, Data Driven ABA may suspend or block the User’s access to the Platform, without notice and without any right for the User to receive reimbursement.

Art. 12 – Applicable Law and Competent Court

The use of the Platform, these Terms and Conditions and all activities relative and connected to the Data Driven ABA Platform shall be exclusively governed and construed by the laws of Switzerland.

All disputes arising from or in connection with this contract, including disputes on its conclusion, binding effect, amendments, termination, and confidentiality of data shall be exclusively decided by the competent Swiss courts in Schaffhausen.

The parties do expressly agree that the place of performance of the characteristic service is Schaffhausen (Switzerland), the place of residence of Gerard Enrico Segura Machado.

In the event that one or more provisions of these Terms and Conditions are or become in whole or in part invalid, this does not affect the validity of the remaining provisions of this contract. In this case, the statutory provisions will apply.

Last updated: March 16, 2022