Terms and conditions

1.5 Security and confidentiality

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1. Terms and conditions for face-to-face and online courses

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1.1 ENROLMENT TERMS AND CONDITIONS

1.1.1.

1.1.1.1 REGISTRATION
As a general rule, and unless otherwise specified, Instituto Cervantes courses are intended for students over 16 years of age.
Enrolment in a course is only effective after payment has been made.
Payment of the registration fee for general courses also entitles the student to the following services:
- Free library card for four months of the Instituto Cervantes Manila "Miguel Hernández" library, which allows access to its bibliographic materials and multimedia catalogue, as well as to the entire network of Instituto Cervantes libraries.

1.1.2 REGISTRATION PROCEDURE
A. Students studying Spanish for the first time
→ Go to step 1. (Choose class A.1.1)
B. Students who are studying at the Instituto Cervantes this academic year.
→ Students who have passed the last course in which they have been enrolled and wish to continue studying at the next level should go to step 1.
C. Students who have studied at the Instituto Cervantes in the past
→ Former students who have not taken a course at the Instituto Cervantes for more than 1 year, should go to step 0.
D. Those students with knowledge of Spanish who have not yet studied at the Instituto Cervantes.
→ Go to step 0.

STUDENTS IN GROUPS C) AND D) MUST TAKE A LEVEL TEST.

Step 0. Level test at the Instituto Cervantes (Students in groups C and D).
In order for the student to be placed in the appropriate level, the teachers at the Instituto Cervantes in Manila will test the student's level of communication and vocabulary by means of a specific language test.
- The test is free of charge.
- Validity: The placement test is valid for one year.
- Deadlines: Placement tests will be scheduled during the current enrolment periods.
- Duration of the test: 20 minutes
- Booking: Call 85261482 during office hours or send a message to cenmni@cervantes.es.

Step 1. Access to the CLIC platform (Group A and B students).
A) Students who are using the CLIC platform for the first time to enrol
From the "create new account" page of the CLIC Manila platform, the student must create his/her account and obtain a user number and password. Each user must have his/her own account. In the case of minors, for example, it would be necessary to create one user per child.
To create an account, former students should use the e-mail address they provided when they first enrolled in Instituto Cervantes courses. If your address has changed or you have forgotten it, please contact the Academic Department of the Instituto Cervantes (cenmni@cervantes.es, telephone 85261482).

B) Students who have previously used the CLIC platform can access the platform with their username and password.

Step 2. Select the course and the applicable discount.
From the menu of courses on offer, choose a course that corresponds to your level at the time that suits you best. If you meet the requirements established in the "Discounts" section, you will be able to select a discount to be applied to your enrolment fee.

Step 3. Making the payment.
Payment can be made by credit card. The credit cards accepted by the CLIC system are Visa and Master.

Please enter your personal and credit card details, and make sure that all the information fields are filled in. Then complete the process by selecting "purchase".

Before finalising the "purchase", please check the cancellation and refund conditions of the course, as well as the enrolment requirements and course opening policy.

The student who has a credit balance from previous enrolments will not be able to use it when enrolling in a new course through the CLIC platform.

Step 4. Enrolment.
Once you have completed the steps in step 3 and finalised the purchase, you will receive a message confirming your enrolment. However, the enrolment will not be effective until our administrative department confirms the payment with the bank.

Instituto Cervantes Manila will not contact you to confirm your enrolment. We will only contact you before the start of the course if there is a failure in the registration through CLIC or if it is not possible to start classes due to a lack of students in the selected course.

1.1.3 SECRETARIAT'S HOURS
The admissions office of Instituto Cervantes Manila is open in our office from 10:00 am to 3:00 pm. You can also contact us by email at cenmni@cervantes.es or by telephone at 85261482 during the opening hours of the centre.

1.2 DISCOUNTS

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The general discounts applicable are as follows:

-Personal condition: Handicapped, 20%.
Personal condition: Senior citizens, 20%
Discount voucher: University students (UP, Ateneo), 10%

Conditions of the above-mentioned discounts:
A former student is considered a former student if he/she has ever enrolled in a general or special course at Instituto Cervantes Manila and re-enrols in one of the general courses.

1.3 CANCELLATION AND REFUND OF ENROLMENT

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Cancellation and refund of enrolment due to insufficient number of students in the course.

If a course does not have a minimum number of students enrolled, it will be up to Instituto Cervantes to decide whether to open the course.
In the event that it is decided not to open the course, Instituto Cervantes Manila may offer students who have paid their enrolment fee one of the following options:

- A course of the same level at a different timetable
- Another course of any of the courses offered by Instituto Cervantes Manila.

In the event that, after choosing one of these options, a balance is created in favour of the student, this balance will be refunded either by the same means of payment used by the student for the initial transaction, or by bank transfer to the account designated by the student, the cost of the transfer being borne by Instituto Cervantes de Manila.

In the event that neither of the above options is feasible or appropriate, the student may request a refund of the registration fee.

The refund will be made either using the same means of payment used by the student for the initial transaction, or by bank transfer, the cost of which will be assumed by Instituto Cervantes de Manila. Refunds will be processed within a period of up to 30 days.

Right to Refund

The student will be entitled to a refund provided that the course has not yet started and the reason for withdrawal is justified by force majeure. Before processing a refund, a course change will be offered if available.

Refunds will be processed within a period of up to 30 days.

1.4 ENROLMENT CONDITIONS

1.4.1 Number of students

1.4.1.

1.4.1 Number of students per class
The minimum number of students to open a course is 5. The maximum number of students per group is 15.
Enrolment in courses is on a first come, first served basis. When the maximum number of students per class is reached, enrolment closes.

1.4.2 Age of students.
The minimum age required to attend our adult courses is 16 years of age, except in the case of exceptions based on academic criteria.

1.4.3 Choice of teacher and distribution of the student body.
The choice of teacher and the distribution of students per class is the sole responsibility of the Instituto Cervantes.
Classes at the Instituto Cervantes are sometimes used for teacher training. Trainee teachers may attend some sessions of face-to-face courses. In such cases, they will always be under the supervision of the course teacher.

1.4.4 Audio or video recording of the class by students.
The recording of the class in any digital format, whether audio or video, is prohibited.

1.4.5 Cancellation of a class session.
In the event of unforeseeable circumstances or force majeure (sudden illness of the teacher, calamities, failure of public transport, etc.), Instituto Cervantes may cancel the class, undertaking to schedule a make-up class. In these cases, it is possible that the end date of the course may change. No refund will be given to students who are unable to attend the make-up session.

1.4.6 Change of course
No changes of course will be accepted after payment of the enrolment fee, nor during the subsequent course. Only in cases where the Instituto Cervantes considers that the level of the enrolled student's course is not in accordance with his/her level of knowledge, will a change to a course of a different level with the same number of teaching hours be permitted only once. This change must be requested to the teacher during the first two weeks of the course. Subsequent changes will not be permitted.

1.4.7 Issuing a receipt.
Receipts can only be issued in the name of the person paying the enrolment fee. Receipts will only be issued in the name of a company when the company is the one making the payment.

1.4.8 Certification of course completion.
The certificate of attendance notification is free of charge. The certificate of successful completion of the course costs 200 PHP. The transcript of records for all courses taken at Instituto Cervantes Manila costs 400 PHP.
Students who wish to obtain this official certificate are kindly requested to contact the Academic Department at cenmni@cervantes.es or 85261482.

1.4.9 Training material
The cost of teaching materials is not included in the registration fee. Information about the course materials and how to purchase them can be found on our website.

1.4.10 Teachers
All our teachers are trained and experienced in teaching Spanish, are familiar with the latest technology and apply the Instituto Cervantes' own Spanish teaching methodology.

1.4.11 Breaks
In 60-minute sessions, a 5-minute break is foreseen (the time and duration of the break will be agreed between the group and the teacher).

1.4.12 Evaluation of the course
Throughout the course, tests are planned to guide students' learning progress (formative assessment). There is no end-of-course exam.

1.5 SECURITY AND CONFIDENTIALITY


In accordance with current legislation, the data provided by our students will be processed by the INSTITUTO CERVANTES, in its capacity as data controller, for the purposes of correctly managing their enrolment and sending them information related to the academic services of the INSTITUTO CERVANTES (based on the legitimacy of the service requested), and, if indicated, to send them information related to the activities, services and objectives of the INSTITUTO CERVANTES (based on their consent).

I have read and accept the legal notice of the Instituto Cervantes and the specific legal terms and conditions of its courses and I authorise the INSTITUTO CERVANTES to process my data in order to provide me with the requested service, and to send me information related to said service.

2. Specific conditions of the AVE Global courses and preparation for the DELE

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As a general rule, the products are aimed at an adult audience, over 16 years of age. Parents, guardians or legal representatives must register minors or persons with legally modified capacity. Customers of legal age with full capacity to act must register in person. The details of the product contracted shall be set out in the corresponding product file.

2.1 REGISTRATION

The client or student will receive the access codes to the AVE platform by e-mail. Furthermore, the customer undertakes to keep these personal access codes with the utmost diligence and confidentiality and to use them for their intended purpose. Their disclosure, publication or reproduction in any format whatsoever is expressly prohibited, as is their lending and marketing, rental or sale to third parties.

2.2 TECHNICAL REQUIREMENTS

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AVE Global materials are designed to run on both tablet and desktop systems, with compatibility as described below:

Desktop:
- Internet Explorer on Windows, versions 9, 10 and 11.
- Google Chrome (latest version)
- Mozilla Firefox (latest version, on Windows and Linux)
- Safari (Mac only, latest version)

Tablets:
- Safari on iOS 6 and 7
- Google Chrome on Android versions later than 4.0
- Browser on Android*
- Internet Explorer 11 on Microsoft Surface
- Kindle Fire
* This browser has been discontinued as of Android 4.3.

AVE Global, for its correct functioning within the AVE platform, uses pop-up windows, so it is necessary to have the browser configured to be able to open them. The execution of Javascript code is also necessary, so it is necessary to check that the installed programmes do not prevent the execution of this code for the correct functioning of the AVE platform.

2.3 SECURITY AND CONFIDENTIALITY

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In accordance with current legislation, the data provided by our students will be processed by the INSTITUTO CERVANTES, in its capacity as data controller, for the purpose of correctly managing their registration and sending them information related to the academic services of the INSTITUTO CERVANTES (based on the legitimacy of the service requested), and, if indicated, to send them information related to the activities, services and objectives of the INSTITUTO CERVANTES (based on their consent).

I have read and accept the legal notice of the Instituto Cervantes and the specific legal terms and conditions of its courses and I authorise the INSTITUTO CERVANTES to process my data in order to provide me with the requested service, and to send me
information related to said service.

3. Specific terms and conditions of the DELE 2024 Diplomas

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INSTITUTO CERVANTES is the body responsible for the academic, administrative and financial management of the Diplomas in Spanish as a Foreign Language (hereinafter, DELE), which are issued by the Director of this public body on behalf of the Minister of Education and Vocational Training of the Kingdom of Spain.

3.1 GENERAL QUESTIONS

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Examination dates and registration deadlines, as well as other information about the DELE diplomas, are available on the Official DELE Portal https://examenes.cervantes.es/dele/.
The registration fee for any of the DELE diplomas includes the examination fees on the chosen date and at the chosen centre, as well as the cost of issuing the corresponding diploma.

Under no circumstances will registration be accepted for a DELE exam when the registration period is closed.
Candidates who do not pass the DELE exams or who fail to sit them on the exam date will not be entitled to a second opportunity, for whatever reason.

3.2 CANDIDATE REQUIREMENTS


The DELE diplomas are aimed at a literate public of all ages.
INSTITUTO CERVANTES accepts applications for registration for the DELE exams from all those who pay the corresponding registration fees.

In order to register for these tests, it is necessary to provide, in addition to other compulsory personal details, a personal e-mail address for the candidate. This e-mail address, for the correct functioning of which the candidate is responsible, will be used, if so established by the DELE Examination Centre or the INSTITUTO CERVANTES, for the communication of all aspects related to the INSTITUTO CERVANTES and the DELE diplomas, their sittings and the publication and printing of their marks.

By paying the registration fee, the candidate accepts the present conditions of purchase, declares to fulfil the administrative and financial requirements for obtaining the DELE Spanish Diploma, and undertakes to attend the exam with the documents that certify the fulfilment of these conditions, which are the registration receipt, his/her passport or official identity document with a similar photograph, necessary for his/her correct identification, and the official exam announcement.

Parents, guardians or legal representatives must register minors or persons without legal capacity to act, bearing in mind that they must provide a separate e-mail address for each of the candidates they register.

3.3 REGISTRATION PROCEDURE


Registration for the DELE exams must be processed through the means provided by the INSTITUTO CERVANTES within the established deadlines.

In order to formalise registration by electronic means, candidates must follow the instructions of the electronic registration system and pay special attention to the terms and conditions that appear on the registration form. In this case, the registration fee is paid by the means of payment specified in the electronic purchase process.

In order to formalise registration in person at the examination centres recognised for this purpose, candidates must provide the following documentation:
- Duly completed DELE registration application form.
- Original and photocopy of the candidate's passport or official identity document with an equivalent photograph containing the following information: name and surname, nationality and date and place of birth. The details declared by the candidate on the application form must correspond to those on the above-mentioned identification document.
- Proof of payment of the registration fee.

Payment of the registration fee may be made by the means of payment determined by the corresponding examination centre (always specifying the concept "DELE Registration" together with the date of the examination and the academic level of the desired diploma) or by the electronic means determined by the INSTITUTO CERVANTES in the case of online registration.

3.4 CANDIDATE DATA

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It is the candidate's obligation to ensure that all the details provided (especially those relating to their identity - name and surname, ID card number, date and place of birth - and the details of the DELE exam centre, date and level) are correct before completing the registration process, as any error made by the candidate in entering these details could be reflected in the official DELE diploma, which will only be reissued after payment of the corresponding fees, as well as causing administrative problems for the candidate.

The personal details provided at the time of registration must match those appearing on the official identification document of the candidate taking the exam. Only candidates who are correctly identified and whose identification details match those on their registration slip will be admitted to the test.

Candidates are obliged to notify their examination centre of any change in their personal details that may affect the sending of communications relating to the DELE Spanish diplomas.

For any change or incident regarding their personal details, candidates should contact Cau Cervantes.
INSTITUTO CERVANTES accepts no responsibility for any damage that may arise from the provision of incorrect or out-of-date information in the candidate's application form.

3.5 CANDIDATES WITH SPECIAL REQUIREMENTS


The INSTITUTO CERVANTES may facilitate access to the DELE Spanish Diplomas under special conditions for those candidates who, due to certain personal situations (visual, hearing or motor disabilities, certain learning difficulties, or the inability to leave religious, hospital or prison centres), are unable to take the tests according to the general rules.

Candidates who have any of the special needs contemplated in the INSTITUTO CERVANTES regulations for taking the DELE exams are obliged to notify the examination centre of this circumstance, and justify it, at least two weeks before the official dates of the written exams, following the instructions given in the corresponding section of the Instituto Cervantes Examinations portal.
Candidates who have not made this notification in due time and form will lose their right to take the DELE exams under these special conditions.

In the event that the special measures requested by the candidate are not authorised, the candidate may request the cancellation of the registration and a refund of the registration fee, provided that this request is made within 72 hours from the time of notification of the rejection of the application.

For further information, please consult the procedure for administering DELE tests under special conditions on the Instituto Cervantes Exams website.

3.6 DISQUALIFICATIONS


In the cases listed below, registrations will be subject to cancellation, and the candidate will be entitled, upon request, to a full refund of the examination fees or to sit the tests in the following examinations for which the registration period is open.
- In case of impossibility to take the tests due to the responsibility of the examination centre.
- In the event of cancellation of the tests due to force majeure or natural catastrophes that imply the suspension of the exams or physical or personal risk for the candidate during their journey.

In both cases, the candidate must request, by means of a clear and complete written notification, the refund of the amount paid or the change of the exam date at the exam centre where the registration was made or, if the registration was made through the INSTITUTO CERVANTES Exams portal, at Cau Cervantes https://cau.cervantes.es/, always within one month after the date set for the written exam. Once this period has expired, the candidate will lose the right to a refund of the amount paid.

3.7 CHANGES OF CONVOCATION, CENTRE OR EXAM

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No change will be permitted once the deadline for the sitting for which the registration was made has passed, nor will registration be permitted in any case for a sitting for which the deadline has passed, for whatever reason. A change of call, centre or examination will in no way alter the deadline for withdrawal, which will in any case be 14 days from the date of the initial registration.

It is the candidate's responsibility to ensure that an unequivocal notification, which must include his/her personal details and the registration code received, is sent to the place where he/she registered, within the deadline and in writing, with the request for the change in question.
The handling of changes will not entail any cost for the candidate, unless there is a difference in the price of the examination, in which case the candidate will have to pay it. If the change requested is for an examination at a lower price than that paid, the difference will not be refunded.
Once registered, the candidate may request changes to the conditions of his/her registration, according to the following criteria:
A. Electronic registration for the general DELE exams (A1, A2, B1, B2, C1 and C2) to be taken at the examination centres in Spain through the Instituto Cervantes Exams portal:

A1. Change of exam date, exam centre or exam centre: Candidates may request a change of exam date, exam centre or exam centre provided that the registration period is still open for the exam session for which they have registered and that the exam session for which they wish to register has its own registration period open and there are still places available at the time of requesting the change.
Changes cannot be made to centres in a different country, nor to examination papers that are not sold on the Cervantes Examinations Portal.
B. Registration at DELE Examination Centres:

B.1 Change of examination centre: Once registration has been completed, it is not possible to change examination centre.
B.2 Change of examination session or DELE examination level: Candidates may request a change of examination session or DELE examination level from their examination centre, provided that the registration period is still open for the examination session for which they have registered and that the examination session for which they wish to register has its own registration period open and there are still places available at the time of requesting the change.

Candidates may request a change of DELE exam level provided that they pay the price corresponding to the new exam they are requesting, in the event that the price is higher than the price paid. If the requested change is to a lower exam than the price paid at the time of the initial registration, the difference will not be refunded. In the case of DELE exams for schoolchildren registered at examination centres in Spain, no change to general DELE level exams will be permitted.

3.8 TAKING THE TESTS


Registration requires the candidate to choose a specific examination centre, and therefore the candidate will only be entitled to sit the exams at that centre, or at any of its premises that may be set up for this purpose, and on the date of the chosen examination session.
Candidates must appear for the examination at the times and places indicated by the examination centre with the following documentation:
- The registration slip issued to them by the test centre or sent by the online registration system to their e-mail address.
- The passport or official photo ID that you presented at the time of registration. If you are a citizen of the European Union, you may substitute these documents with your original national identity card from your country of origin. If you are unable to produce original documents, you must provide proof of this.
- The official invitation to the examination, which you will have received from the examination centre, including information on the venue, date and time of the written and oral tests.

Payment of the registration fee for the DELE diplomas at a given examination session only allows the candidate the single opportunity to sit the examination on the date of the chosen examination session. Failure to appear for the exams at the designated time and place, except in the cases of invalidation referred to in section 7 above, shall not entitle the candidate to a refund of the registration fee paid, nor to its use for other DELE examinations.

3.9 IMPROPTABLE CONDUCT


Candidates who, during the administration of the tests at their examination centre, are excluded or expelled from any of the tests due to improper conduct, or when such improper conduct is detected in subsequent marking procedures, shall not be entitled to a mark for their examination.
Misconduct is any action by a candidate which, in the opinion of the examination board at his or her test centre or the markers of the tests, unfairly benefits or may unfairly disadvantage him or her or another candidate.

3.10 PHOTOGRAPHING AND RECORDING THE TESTS

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Candidates may be photographed at the time of identification for security and identity control purposes during the tests. The tests forming part of the DELE examinations may be subject to audiovisual recording by electromagnetic or digital means, either systematically or randomly, for the purposes of monitoring the performance of examiners, for research and development work leading to the improvement of the tests and for obtaining additional documentary evidence in the event of complaints being resolved.

For these purposes, based on the legitimate interest of the INSTITUTO, by accepting these conditions, the candidates acknowledge these circumstances and grant the INSTITUTO CERVANTES their consent both for the taking of the photograph and for the possible recording of the examination test, and cede to it, for the longest period of time permitted by current legislation and for all countries in the world, all intellectual property and image rights and the corresponding creative components.
In this respect, the processing of personal data is subject to the legislation in force and the candidate can obtain all the necessary information about this and the rights to which he/she is entitled in the "Data Protection" section.

3.11 DELE QUALIFICATIONS


All information on the criteria and grading scales for the exams is detailed in the "DELE Examination Guides" which are available on the Instituto Cervantes Examinations portal. INSTITUTO CERVANTES will inform all candidates taking the DELE exams of the marks obtained through the official Cervantes Examinations portal.

Each candidate for the DELE diplomas will be able to download from their restricted access area of the Instituto Cervantes Exams portal, after registering, their certificate of marks, which will state whether they have passed, failed or failed the exam. This document is electronically signed by the INSTITUTO CERVANTES and has a Secure Verification Code, so it has a certifying value.

Candidates declared PASSING will be entitled to the corresponding diploma.

Candidates who have not passed the overall tests and wish to re-enrol for the DELE exams must take all the exams again, even if they have obtained a PASS mark in one of the groups of tests.

3.12 REVIEW OF QUALIFICATIONS


Each candidate is entitled to submit a single request for a review of the marks awarded, using the form that can be found for this purpose, after registration, in their private area of the Instituto Cervantes Examinations portal.
No requests for revision of marks will be processed after the established deadline, as it is the candidate's responsibility to meet the deadlines for the publication of marks and the submission of requests for revision of marks. Nor will requests for access, return or reproduction of any of the examination papers be considered. All information relating to the DELE examination mark review procedure is available in the corresponding section of the Instituto Cervantes Examinations portal.

3.13 COMPLAINTS


All candidates will have the right to make any complaints they may consider to the INSTITUTO CERVANTES through the INSTITUTO CERVANTES website, at Sede Cervantes http://sede.cervantes.gob.es/.

3.14 ISSUE OF DELE DIPLOMAS


The issuing of DELE diplomas is the responsibility of INSTITUTO CERVANTES, which will send each examination centre the diplomas of its successful candidates so that the examination centre can send them to its candidates.
The examination centre will therefore inform each candidate who has been declared APTO that their diploma is available and that it is at their disposal at the centre.

Candidates who have been declared APTO should therefore contact their examination centre for all information related to the receipt of the DELE diploma. If, for any reason, the candidate has not received notification from his/her centre of the availability of the accredited DELE diploma and has not claimed it within five years of the written exams of the exam session in which he/she participated, he/she will lose all rights of issue, although, if he/she so wishes, he/she may request the reissuing of his/her diploma to his/her examination centre.

The costs of reissuing DELE diplomas will be borne by the applicant, unless the need for such reissue is attributable to the examination centre or to INSTITUTO CERVANTES. If the candidate requests that their DELE diploma be sent to their postal address, the examination centre may charge the candidate for the delivery costs, subject to prior agreement with the candidate.

INSTITUTO CERVANTES also reserves the right to apply a delivery charge in the same circumstances if the diploma is to be sent directly to the candidate from INSTITUTO CERVANTES.

3.15 INTELLECTUAL PROPERTY


All materials related to the DELE diplomas that are delivered or sent to candidates are subject to the intellectual and industrial property rights or similar economic rights of INSTITUTO CERVANTES, or of the third parties indicated in each case, and any infringement of these rights will be prosecuted under the law.

3.16 SECURITY AND CONFIDENTIALITY


In accordance with current legislation, the data provided by the candidate for the examinations and tests leading to the DELE Spanish diplomas will be processed by INSTITUTO CERVANTES, as the party responsible for the processing, with the purpose of carrying out a correct management of these exams and to send you information related to the certification and training services of the INSTITUTO CERVANTES (with the legitimacy of the requested service), and, if you have indicated so, to send you information related to the activities, services and objectives of the INSTITUTO CERVANTES (with the basis of your consent).

Personal data will not be transferred or communicated to third parties except to other entities and bodies of the Spanish Public Administration in the cases foreseen and indicated in the additional information on data protection. Candidates may at any time exercise their rights of access, rectification, objection, portability, limitation of processing and deletion of their data as indicated in the aforementioned
additional information on data protection

3.17 APPLICABLE LEGISLATION AND JURISDICTION


Any dispute that may arise between the candidate and the INSTITUTO CERVANTES will be governed and interpreted in accordance with Spanish law. Both parties, therefore, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the courts and tribunals of Madrid.

IMPORTANT: Registration for the DELE diplomas by the candidate implies their express acceptance of these terms and conditions of purchase and their commitment to provide the identification and accreditation documentation required during the process of obtaining their diploma.
More information about DELE diplomas at Exámenes Cervantes

4. Legal notice and privacy policy

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4.1 LEGAL INFORMATION

Instituto Cervantes, with NIF Q-2812007-I, is a non-profit public entity attached to the Spanish Ministry of Foreign Affairs, European Union and Cooperation, created and regulated by Law 7/1991 of 21 March 1991 and domiciled at Calle de Alcalá 49, 28014 Madrid (Spain).
The headings that make up this legal and privacy notice regulate the use of all the services and content that the Instituto Cervantes makes available to users through its Internet domain https://cervantes.org/ and the different portals and content located in its numerous digital spaces (hereinafter cervantes.org).
This legal and privacy notice has been drawn up in accordance with the following regulations:
- Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE).
- EU Regulation 679/2016, of 27 April, General Data Protection Regulation (hereinafter GDPR).
- Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users, and other complementary laws.
- Law 7/1998 on General Conditions of Contract.
The cervantes.org property is protected, without limitation, by the intellectual and industrial property laws of the Kingdom of Spain and by any international treaties and conventions that may be applicable.

4.2 GENERAL TERMS AND CONDITIONS

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4.2.1. Acceptance
By simply accessing cervantes.org, the User expresses his/her full and unreserved acceptance of the conditions of this legal notice, which may be modified by Instituto Cervantes at any time. Consequently, the user should read this notice carefully each time he/she intends to use our portals.
The use of certain services offered to users through cervantes.org may be regulated by specific conditions which, depending on the case, replace, complete or modify this legal notice, and the user must therefore read and accept these conditions when trying to obtain these services. Likewise, certain services offered by third party collaborators of the Instituto Cervantes to cervantes.org users may contain their own conditions; in this case, and prior to using these services provided by third party collaborators of the Instituto Cervantes, the user should carefully read their corresponding conditions.
4.2.2. Conditions of access, use and utilisation.
The services offered by the Instituto Cervantes on cervantes.org are, in principle and unless otherwise indicated, free of charge.
In general, access to the services provided through cervantes.org does not require prior subscription or registration by users, although in order to access certain services, users may be asked to complete the corresponding user registration form beforehand.
The user name and password provided by the Instituto Cervantes to the user, where applicable, are identifiers and authorisations for accessing its services, and are personal and non-transferable. The Instituto Cervantes may make changes to the User's name or password with adequate notice.
The User undertakes to use the content and services available through cervantes.org in accordance with this legal notice, or with the specific conditions of the services which contain them, as well as in accordance with the law, morality, custom and public order.
Users who intend to establish a hyperlink between their web page and any page of cervantes.org must comply with the following conditions:
- The hyperlink must not cause confusion to other potential users regarding the origin and ownership of each of the websites, and therefore the hyperlink must not embed the Instituto Cervantes web pages or any of their contents, nor create a frame containing them;
- the Web page on which the hyperlink is established will not contain false, inaccurate or illicit information or content that is contrary to the law, morality, generally accepted customs or public order, nor will it contain content that infringes the rights of third parties; and
- the establishment of the hyperlink in no case implies the existence of a relationship between the Instituto Cervantes and the owner of the website in which it is established, nor the acceptance or approval by the Instituto Cervantes of its contents or services, and therefore it will not be stated or implied that the Instituto Cervantes has authorised the hyperlink or that it has supervised or assumed the services made available on the website in which the hyperlink is included.
Therefore, the Instituto Cervantes expressly authorises the establishment of hypertext links (hyperlinks) on another website to any of the cervantes.org pages, provided that these appear in a complete window and under their corresponding electronic addresses [URL]. Any rights not expressly granted are reserved to Instituto Cervantes or, where applicable, to the third party owners of these rights.
4.2.3. Intellectual, industrial and other similar rights.
All content and elements that Users may access through cervantes.org - namely, and without this list being exhaustive or limitative: trademarks and distinctive signs; elements in code, text, image, sound or audiovisual file format of any kind, or in the form of computer or multimedia applications expressed in any code or language, etc. - are subject to the intellectual and industrial property rights or similar economic rights of Instituto Cervantes or of the third parties indicated in each case.
Under no circumstances shall it be understood that the fact of allowing users access to cervantes.org implies a waiver, transmission, licence or transfer, in whole or in part, of these rights on the part of Instituto Cervantes.
Access to said content or elements through cervantes.org does not therefore grant users any right over them, and they may not alter, modify, exploit, reproduce, distribute, or publicly communicate them, nor may they exercise any other right that corresponds to the owner of the right in question. Thus, the user will only have the right to view and make copies, where permitted, of the contents for their exclusive and personal use, and must exercise these rights in accordance with the principles of good faith and the applicable legislation.
Any infringement of these limitations of use or of intellectual or industrial property rights or similar rights, or of current legislation, may be prosecuted by Instituto Cervantes by means of the appropriate legal action in each case.
Infringement of the intellectual property rights corresponding to all contributions created under the initiative or coordination of the Instituto Cervantes, owner of the rights derived from these contributions, may also be prosecuted.

4.3. DISCLAIMER OF WARRANTIES AND LIABILITY

4.3.1.

4.3.1. For its operation
Instituto Cervantes does not guarantee the availability and continuity of cervantes.org, its services or its content, and therefore shall in no case be liable for damages of any kind that may be due to its lack of availability or continuity, or to failures in access to the different Web pages from which any services are provided.
4.3.2. For its contents and services.
Instituto Cervantes does not guarantee the usefulness of cervantes.org or its spaces on other Internet platforms for any particular activity, nor the suitability of its contents and services for any particular purpose, and therefore the use of the information, contents and services is the sole and exclusive responsibility of the user.
The contents included in the portals and blogs of the Instituto Cervantes, and in the rest of its Internet spaces on the different social media platforms, are provided in good faith by the Instituto Cervantes with information from both internal and external sources. Due to this circumstance and the large amount of information made available to the User on its different Internet spaces, Instituto Cervantes cannot guarantee its total reliability, accuracy and updating, despite its best efforts to do so. In the same way, despite applying the best preventive measures available, neither can it guarantee the absolute absence of viruses or other harmful components on its web pages or on the servers that provide them.
On the other hand, and in accordance with Article 16 of the LSSICE, the Instituto Cervantes will not be responsible, under any circumstances, either directly or indirectly, for any content, information, communication, opinion or statement of any kind that is communicated, disseminated, transmitted or exhibited through its Internet spaces (portals, blogs, pages on social media platforms, etc.), and which comes from external sources. In addition, these basic rules are established for the publication of content from external sources in the Instituto Cervantes' participatory spaces on the Internet:
1. No text will be allowed that includes insults, defamation, threats, humiliation towards any person or institution, or obscene, racist or xenophobic expressions.
2. Content that promotes illegal activities or incites violence will not be allowed.
3. Comments or content from external sources that are directly or indirectly advertising or promoting a product or brand will not be allowed. This is without prejudice to what is established in the Instituto Cervantes sponsorship programmes with respect to its sponsors.
4. Messages, comments or contributions that are intended to interrupt or distort the conversation will not be accepted.
5. Repeated or repeated messages or messages which include repetition or repetition of characters will be considered annoying, and content which is sent from computer robots with the intention of "generating noise" or which could be considered as "spam" will also be eliminated.
cervantes.org provides users with multiple links that allow access to websites belonging to or managed by third parties for which the Instituto Cervantes is neither the owner nor has any kind of connection. Consequently, Instituto Cervantes will not be responsible for the control and monitoring of their contents, nor will it assume any direct or subsidiary responsibility for these websites, their contents or services.
4.3.3. For the use made of the portal by Users.
Instituto Cervantes cannot control the use that Users make of its Websites, services and content, and therefore cannot be held responsible for damages of any kind that may be due to the use that Users make of them. To this effect, the user will assume the sole and exclusive legal, judicial and economic responsibilities that may derive from their use of the portal. Therefore, if the use of any product, service, content or tool provided through cervantes.org causes damage to third parties, the user expressly exonerates Instituto Cervantes from any liability that may be imputed to them.
Users are solely and exclusively responsible for their identification codes and access to cervantes.org. Instituto Cervantes accepts no responsibility for the improper use of these access codes and for the consequences of any kind arising from misuse, loss or forgetfulness on the part of users or unauthorised third parties.

4.4. DATA PROTECTION

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In accordance with the provisions of EU Regulation 679/2016 General Data Protection Regulation and current legislation, Instituto Cervantes informs Users of its data protection policy, so that they may freely and voluntarily determine whether they wish to provide the personal data that may be required when subscribing to or registering for any of the services offered on cervantes.org or its subdomains. Except where otherwise indicated, answers to questions about personal data are voluntary.
Instituto Cervantes reserves the right to modify this policy in order to adapt it to new developments or legislative and jurisprudential requirements, as well as to industry practices, taking into account at all times the legitimate interests of the consumer or user. Certain services provided on cervantes.org may contain special conditions with specific provisions regarding the protection of personal data.
4.4.1. Confidentiality in the automated processing of users' personal data.
Personal data collected through the Instituto Cervantes websites will be treated confidentially and in accordance with the provisions of the RGPD.
The person responsible for the processing of the aforementioned personal data is the Instituto Cervantes, domiciled at Calle de Alcalá n.º 49, 28014 Madrid (Spain).
Given that Instituto Cervantes is attached to the Ministry of Foreign Affairs, European Union and Cooperation, the following information is provided regarding the data protection officer: dpd@cervantes.es.
Instituto Cervantes will provide users with the appropriate technical resources so that they can access this notice on the personal data protection policy or any other relevant information, and can give their informed consent for Instituto Cervantes to process the personal data of its users. The user's acceptance that their data may be processed will always be revocable, although without retroactive effect.
4.4.2. Purpose of and basis for legitimisation of the processing of personal data
The purpose of the processing of the personal data requested is the management, administration, provision, expansion and improvement of the services offered by Instituto Cervantes at any given time; the quantitative and qualitative study of visits and the use of services by Users; and the sending by traditional and electronic means of information, commercial or otherwise, related to the functions of Instituto Cervantes and its collaborators in accordance with the specific parameters selected by the User on the forms or registers that he/she fills in.
The basis for the legitimacy of the processing, about which appropriate information will be provided on each data collection form, will be the execution of the contract for the provision of services, or in cases where it is necessary, the consent of the data subject.
The user guarantees to be of legal age or to be legally emancipated or, if not, to have permission from their parents or guardians to access our pages, as well as the veracity and authenticity of the information communicated in the different forms or in the user registration, and also undertakes to keep this information up to date.
The User is not obliged to receive the aforementioned information or the survey forms, if he/she so indicates through the channels provided for this purpose by the Instituto Cervantes, either on the subscription form for the services offered, or by means of written communication or directly through the procedure provided for in each of the communications sent.
In the event that the User provides third party data, the Instituto Cervantes cannot be held responsible for compliance with the principles of information and consent, and therefore the User must guarantee that he/she has previously informed and obtained the consent of the owner of the data in order to communicate their data.
Instituto Cervantes may send communications regarding its own products or services and those of third party collaborators, similar to those initially authorised by the user, without the need for the user's express permission or request. However, the User, in any case, will have the means to express his/her opposition to receiving this type of communication.
4.4.3 Recipients of the data
Personal data will not be transferred or communicated to third parties, except in the cases necessary for the development, control and fulfilment of the aforementioned purposes, in the cases provided for by law.
In addition, we inform you that certain data, within the framework of the regulations in force or the contractual relationship that you maintain with Instituto Cervantes, may be communicated to:
1. Public Administrations, when so established by the regulations in force.
2. State Security Forces and Corps, in accordance with the provisions of current regulations.
3. Banks and financial institutions for the payment of the services offered.
4. Instituto Cervantes collaborating institutions, when such communication is required by law or for the execution or performance of the corresponding services or activities.
The User's acceptance that their data may be transferred to third parties is always revocable, without retroactive effect.
4.4.4 Retention of data
Instituto Cervantes will keep the personal data of the data subject for the minimum time necessary.
The information will be kept for the duration of the contractual relationship, until the User revokes his/her consent or exercises his/her right of deletion, and thereafter for the periods of time legally established by law.
4.4.5 Rights of the data subject
The data subject may exercise their rights of access, rectification, deletion, limitation of processing, data portability or opposition to processing by sending their request by e-mail to rgpd@cervantes.es, or by post to INSTITUTO CERVANTES (c/ Alcalá, n.º 49, Madrid 28014), or in person at the Registry of INSTITUTO CERVANTES in Madrid at the address indicated.
The Instituto Cervantes has forms for the exercise of rights that can be requested by e-mail to rgpd@cervantes.es, or use those drawn up by the Spanish Data Protection Agency or third parties. These forms must be signed electronically or be accompanied by a photocopy of the ID card. If acting through a representative in the same way, they must be accompanied by a copy of their ID card or an electronic signature.
The interested party has the right to lodge a complaint with the Spanish Data Protection Agency in the event that he/she considers that the exercise of his/her rights has not been properly attended to.
The user authorises the use of their personal data when required to do so by the competent administrative authorities or by court order.
Under no circumstances will Instituto Cervantes use Users' personal data for purposes other than those mentioned above, except with prior warning and with a reasonable period of time for the User to object.
4.4.6. Use of "cookies" and the activity file
Instituto Cervantes may use cookies when a user browses cervantes.org sites and pages. Cookies are files sent to a browser by a web server to record the user's activities on the portal and do not provide any personal data.
The user can configure their browser to receive notice of the reception of these cookies. Likewise, the user can prevent the installation of this type of file on their computer, for which they should consult the instructions for use of their browser.
4.4.7. Security Measures
Instituto Cervantes will adopt appropriate technical and organisational measures in its information system, in compliance with the principle of proactive responsibility, in order to guarantee the security and confidentiality of the data stored, thus avoiding their alteration, loss, unauthorised processing or access; taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity associated with each of the processing operations.

4.5. DURATION AND SUSPENSION OF SERVICES

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The provision of services and the making available to the public of the contents of cervantes.org is, in principle, for an indefinite period of time. However, Instituto Cervantes is authorised to remove, terminate or suspend any of the services or content of its portals at any time. Whenever reasonably possible, Instituto Cervantes will give prior notice of the termination or suspension of its services.
Instituto Cervantes may withdraw or suspend the provision of services at any time and without prior notice to Users who fail to comply with the provisions of this legal notice or the specific conditions of a particular service.

4.6. APPLICABLE LAW AND JURISDICTION

This legal and privacy notice is governed by Spanish law and is written in Spanish. For any dispute which may arise from the use of cervantes.org services or from the interpretation or application of these sections, the Instituto Cervantes and the user, expressly waiving their own jurisdiction, submit to the jurisdiction of the courts and tribunals of Madrid.

DISCLAIMER AND PRIVACY  |   ACCESIBILITY  |   © Instituto Cervantes, 1991-2024. All rights reserved.

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