Terms & conditions
Last updated: December 25th, 2022
- Our Services
- Payments and Refunds
- Third Party Sites
- Limitation of Liability
- Resolution of Disputes
- Notification Procedures
- No Waiver
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Our Services
1.1. Private tutoring
1.1.1 Free Trial Session
A “Free Trial Lesson”, with a duration of 25 minutes, is offered to first-time students and is limited to one session per Student. By taking this lesson, the student incurs no obligation or commitment.
1.1.2. Lesson Rescheduling and Cancellation
In order to respect Teacher’s rights and working conditions, lessons can be only rescheduled or canceled with 24 hours notice through the booking system. If you have doubts on how to do that, contact [email protected]. If the Student does not attend the lesson, he or she will not be able to reschedule or cancel it and their lesson credit will be lost.
The Student is responsible for ensuring they have a sufficiently fast and reliable internet connection and the necessary software and hardware for learning via KeySpanish. This includes a Zoom or Skype account and the necessary audio equipment. If a lesson is disrupted or cannot go ahead as a result of technical issues from the Student’s side, the Teacher has the right to charge for the lesson. If the Teacher has technical issues, the lesson must be canceled in the system so that the Student’s credit is not used.
If the Student is late, the lesson will finish at the agreed time, and no time extension will be given. If the Student is more than 10 minutes late and does not communicate with the teacher, the lesson will be considered completed and the Lesson Credit will be due.
If the Teacher cancels a lesson with less than 24 hours in advance, the Lesson Credit will be returned and an extra Lesson Credit will be given to the student for the inconvenience.
We may cancel and reimburse a Student’s remaining lesson credits, as well as refuse to provide any Services to him or her if the Student behaves in a disrespectful manner towards a Teacher or performs an irresponsible conduct such as rescheduling and canceling an excessive number of lessons.
1.3 Online courses
1.3.1 Copyright and trademark
KeySpanish grants you a limited license to access and make use of the Website. As a condition of such license, you agree:
a) not to download or modify any part of the Website, except with the express and prior written consent of KeySpanish;
b) not to download or copy any account information for the benefit of another merchant;
c) not to resell or make any commercial use of this Website or its contents;
d) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of KeySpanish;
e) not to make any derivative use of this Website or its contents;
f) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KeySpanish without express written consent;
g) not to reverse engineer, reverse assemble or otherwise attempt to discover any source code underlying this Website; and
f) not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from KeySpanish.
1.3.2. Platform access
Your purchase of our online course entitles you to a Lifetime license and should only terminate (a) upon the end of your life, (b) if KeySpanish ceases to provide the Services in their entirety, or (c) if KeySpanish ceases its business operations. A Lifetime license is granted to you personally and the rights and obligations associated therewith shall not pass to your heirs and may not be otherwise transferred or assigned.
A Lifetime License should only apply to the Services defined in the applicable Order and should not extend to any future services.
While KeySpanish attempts to ensure that our Website is normally available 24 hours a day, KeySpanish shall not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of KeySpanish.
We may suspend or terminate your use of the Website as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Website.
1.3.3. User-generated content
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data). KeySpanish shall fully cooperate with any law enforcement authorities or court order requesting or directing KeySpanish to disclose the identity or locate anyone posting any User Content in breach of section 1.3.3.
2. Payments and Refunds
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited.
2.1. Private tutoring
To take lessons, Students must purchase Lesson Credits that can be applied in the booking system in order to set an appointment. KeySpanish uses Stripe to process the payments, which are made in Euros. We only store the last 4 digits of the credit or debit card during the payment process with the aim of informing the user in the future of the payment method used for the purchase. The rest of the data is sent encrypted to Stripe.
The prices stated in the Site do not include any additional charges such as fees or interest charged by the Student’s bank or credit card company. These charges are the sole responsibility of the Student. According to Romanian tax laws, lessons of Spanish as a foreign language provided to individuals are VAT exempt, and therefore the prices do not include any additional charge regarding this tax.
Students that require an invoice can request it sending an email to [email protected] providing their name and address. For the invoice issuance, we will require the Company’s corporate legal name and tax ID information.
If within 14 calendar days of purchase the Student is not satisfied with the purchase of Lesson Credits and wants to exercise his or her right to terminate before using any of the credits, the Student will be reimbursed the full amount without incurring any cost or penalty. The Right to Terminate does not require the Student to provide any explanation, and he or she just has to notify KeySpanish of this instance at [email protected].
If the Student wants to terminate the purchase after using any of the Lessons Credits, the corresponding amount regarding the remaining Lessons Credits will be reimbursed to the same payment method used for the purchase. The Student will not incur any penalties but will bear the financial fees generated by this operation. The Student must provide a reason for requesting the termination so KeySpanish can improve the services it provides to its students. In both circumstances, the refund has to be requested within 30 days from the date of purchase.
Lesson Credits are valid for 6 months from the date of purchase. After that, the unused credits will be lost and the Student will not be reimbursed those Lesson Credits. This is in order to protect KeySpanish from the natural increase in operational costs over time, which makes us unable to hold a fixed price indefinitely. When you purchase Lesson Credits, you agree to this policy.
2.2. Online course
If within 14 calendar days of purchase the Student is not satisfied with the purchase of our Online course and wants to exercise his or her right to terminate, the Student will be reimbursed the full amount without incurring any cost or penalty. The Right to Terminate does not require the Student to provide any explanation, and he or she just has to notify KeySpanish of this instance at [email protected].
The Student also has the right, within a calendar year of the purchase, to request a refund If after completing the course he or she is not satisfied with the product. To exercise his or her right to this guarantee, the student must complete all the contents of the course:
- Complete all the lessons in the course.
- Complete all the activities in each lesson, including the Mastery checks.
- Do and share in the community all the projects in the course.
- Listen to all the episodes in the audio program.
- Review the flashcards at least once.
- Attend at least four live Q&A calls.
KeySpanish reserves the right to determine the accuracy of the completion of this content, and the discretion to determine if any deceiving action has been taken, e.g. completing all lessons in an interval of a few hours, by just marking them as complete, or sharing projects that clearly demonstrate the contents has not been covered.
The Student will not incur any penalties but will bear the financial fees generated by this operation. The Student must provide a reason for requesting the termination so KeySpanish can improve the services it provides to its students.
3. Third Party Sites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. KeySpanish has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability.
KeySpanish therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
“KeySpanish,” our logo, and any other product or service name or slogan displayed on our Services are trademarks of KeySpanish and may not be copied, imitated or used, in whole or in part, without the prior written permission of KeySpanish or the applicable trademark holder.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose without any obligation to provide attribution or compensation to you or any third party.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSPANISH, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL KEYSPANISH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
The Terms of Service are governed in all respects by the laws of Romania without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against KeySpanish must be resolved by a court located in Romanian, or as described in the Arbitration Option paragraph below. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
9. Resolution of Disputes
If a dispute arises between you and KeySpanish, we aim to resolve such dispute quickly and cost-effectively. Accordingly, before resorting to the alternatives stated below, you agree to first contact us directly to seek a resolution of your dispute at [email protected].
In the event that KeySpanish has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy in connection with this Agreement, by binding arbitration by the Department of Alternative Resolution of Disputes of the National Authority for Consumer Protection at the following contact details:
Address: Bucharest, Boulevard Aviatorilor no. 72, sector 1, postal code 011865,
E-mail: [email protected].
The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania and is included in the list of ADR entities at the level European, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2 ".
In the event that the amicable or alternative resolution of complaints/complaints/litigation will not be possible, or a mutual consensus will not be reached, they will be resolved by the competent Romanian courts in the Municipality of Arad.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KEYSPANISH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. Notification procedures
By providing KeySpanish your email address you give us your consent to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
We may also use your email address to send you messages about changes to features of the Service and special offers. You may unsubscribe of these commercially-related emails at any time.
You agree to indemnify, defend and hold harmless KeySpanish from any and all liability, claims, costs or damages arising from your use of this Site or your breach of this Agreement and any of the Terms set out herein.
12. No Waiver
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
If you wish to report a violation of this Terms and Conditions, have any questions or need assistance, please contact us at [email protected].