Before completing the Hablamos Spanish enrolment form, please read the terms and conditions below. Please note that these terms and conditions are subject to change without notice. Hablamos Spanish will endeavour to communicate changes to terms and conditions to our students when they occur. 

 

1. Definitions 

 

The following terms have the following meanings:

 

Hablamos Spanish, us, our or we refers to Hablamos Spanish.

You, your, their or student refers to the person in whose name the enrolment is made.

Lesson Plan means a student’s plan for an agreed number of Scheduled Lessons.

Scheduled Lesson means a lesson which has been scheduled by Hablamos Spanish for the student.

Site means the website www.hablamospanish.com.

Services means the Spanish teaching services including, without limitation, lessons and course material provided by Hablamos Spanish to the student from time to time.

 

2. General Information 

 

General information on Site is for your general information and use only. The content on the Site is subject to change without prior notice and you are encouraged to check the website regularly for updates.

 

3. Provision of Services

 

From time to time and without prior notice to you, we may change, the Services offered by Hablamos Spanish. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services. 

 

If Hablamos Spanish cancels or significantly changes the elements of a confirmed Lesson Plan due to unforeseen circumstances, Hablamos Spanish will inform the student as soon as possible and will use reasonable endeavours to arrange alternatives that are of equal value, or refund the unused portion of the Lesson Plan if unable to continue to provide the Services offer in the Lesson Plan.

 

No Services will be provided on Peruvian public holidays. Scheduled Lessons that fall on Peruvian public holidays will be rescheduled.

 

3. Service Fees

 

3.1 Fees 

 

The fees payable by the Student to Hablamos Spanish are set out on the Site. All fees are payable in US Dollars and are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all applicable taxes relating to your use of Hablamos Spanish Services, or to any payments or purchases made by you.

 

Hablamos Spanish reserves the right to change its fees at any time, upon notice to you if such change may affect your current or future Lesson Plans. If fees change during your Lesson Plan period, the original fee will be honoured for the duration of the Lesson Plan.

 

3.2 Invoices

 

Hablamos Spanish will issue an invoice to the student for the payment of fees (Invoice). Each Invoice will be issued in electronic form and will be sent to you via e-mail. 

 

3.3 Discounts 

 

Discounts that are offered directly by Hablamos Spanish cannot be combined with any other discounts offered by third parties, unless otherwise stated by Hablamos Spanish.

 

Lesson Plans purchased (and any discounts that may apply for the purchase of multiple Scheduled Lessons) are strictly for the use of a single student. (For example, a Lesson Plan of two (2) lessons per week cannot be used by two (2) different students). 

 

A discount or other promotional offer given to a student is in respect of the specified Lesson Plan only and Hablamos Spanish has the right to automatically and without notice renew your Lesson Plan at the full applicable Fee without a previously offered discount.

 

3.4 Free Trial

 

A free 30 minute trial is available only to first-time users.

 

3.5 Free Lessons

 

Any free lessons credited to your account will be credited to your current Lesson Plan and are non-transferrable and cannot be credited to another student’s plan or a future Lesson Plan.

 

3.6 Booking and Payment 

 

Due to the limited capacity of each teacher, Scheduled Lessons are available on a first come, first served basis. Enrolment is not finalised until full payment has been processed and an enrolment confirmation has been issued. Full payment must be made at least 48 hours prior to the commencement date of the Lesson Plan.

 

3.7 No Show and Late Arrival Policy 

 

Scheduled Lessons start and end as per the agreed schedule. If a student arrives (via Skype or Gmail) late, the lesson time missed cannot be refunded or credited to another Scheduled Lesson in the Lesson Plan and the Scheduled Lesson time cannot be extended. Hablamos Spanish recommends that students are logged in and ready for their Scheduled Lesson five (5) minutes prior to the scheduled start time. 

 

If the student does not arrive (via Skype or Gmail) at the Scheduled Lesson within 15 minutes of the scheduled start time, Hablamos Spanish reserves the right to release the teacher after 15 minutes of waiting, unless notification of late arrival has been received in advance. Once the teacher has been released, the Scheduled Lesson is automatically cancelled and the student will be charged for the full Scheduled Lesson and will not be entitled to a refund or rescheduled lesson.

 

4. Student Obligations

 

4.1 Lesson Change and Cancellation Policy 

 

If you would like to reschedule a Scheduled Lesson, the request must be made by email to info@hablamosspanish.com at least 24 hours before the Scheduled Lesson start time. Hablamos Spanish cannot guarantee that it will be able to reschedule a Scheduled Lesson with the same instructor and any rescheduled time will depend on the instructor’s availability. If Hablamos Spanish is not notified within 24 hours of the Scheduled Lesson, the student will be charged for the Scheduled Lesson.

 

If a student would like to cancel a Scheduled Lesson, the request must be made by email to info@hablamosspanish.com at least 24 hours before the Scheduled Lesson start time. If Hablamos Spanish is not notified within 24 hours of the Scheduled Lesson, the student will be charged for the Scheduled Lesson.

 

4.2 Lesson Plan Change Policy 

 

If a student would like to change his/her Lesson Plan from one type to another, the request must be made via email to info@hablamosspanish.com at least one (1) week before the change is to take effect. If the student is changing to a more expensive Lesson Plan, the difference in the cost of the Lesson Plans, as well as an administration fee, will be charged to the student. If the student is changing to a less expensive Lesson Plan, the student will not receive a refund for the difference in price and will be charged an administration fee. If a request is made with less than one (1) weeks’ notice, Hablamos Spanish will use reasonable endeavours to make the requested change, but cannot guarantee that this will be possible, due to instructor availability.

 

4.3 Lesson Plan Cancellation and Refund Policy

 

If a student would like to cancel a Lesson Plan, the request must be made via email to info@hablamosspanish.com and the date of cancellation is taken to be the date that Hablamos Spanish receives the cancellation email. A refund may be available for cancellations within certain periods in accordance with the following: 

 

• 30 or more days before commencement of the Lesson Plan - The total amount paid by the student less an administration fee will be refunded to the student

• 15 to 29 days before commencement of the Lesson Plan - 50% of the total amount paid by the student will be refunded to the student

• 8 to 14 days before commencement of the Lesson Plan - 25% of the total amount paid by the student will be refunded to the student

• 1 to 7 days before commencement of the Lesson Plan - No refund

• After the commencement of the Lesson Plan - No refund

 

All paid Lesson Plans are non-transferable and valid for 6 months from the date of purchase.

 

4.4 Code of Conduct 

 

As a Hablamos Spanish student, you agree not to act in a manner which might be perceived as damaging to Hablamos Spanish’s reputation and goodwill or which may bring Hablamos Spanish into disrepute or harm. You agree to behave respectfully towards others, including but not limited to fellow students, instructors and administration staff. You also agree to behave respectfully on Hablamos Spanish social media platforms and abide by the Social Media Acceptable Use Policy as detailed on any Facebook pages and groups administered by Hablamos Spanish.

 

Hablamos Spanish reserves the right to discontinue a student’s Lesson Plan or block them from social media platforms administered by Hablamos Spanish if the student violates these Terms and Conditions and/or the Social Media Acceptable Use Policy. No refund will be given and the student must pay for any and all damages that may have been incurred by Hablamos Spanish in connection with such a violation.

 

5. Ownership of Intellectual Property

 

All intellectual property and related material (‘the Intellectual Property’) that is developed or produced under this Agreement, will be the property of Hablamos Spanish. The student is granted a non-exclusive, limited-use licence of this Intellectual Property.

Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Hablamos Spanish.

 

5.1 Course Material 

 

Unless otherwise indicated, we reserve all copyright in the content and design of the course materials. Students may download, print or copy course materials for their own personal use only. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the course material. Subject to the provisions of the Copyright Act 1968 (Cth) (Act) and except as otherwise provided for in these Terms and Conditions, no part of the course materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, communicated, published, distributed, stored in a retrieval system or transmitted without prior written permission from Hablamos Spanish. In particular, you must not reproduce or use any of the course materials for commercial benefit.

 

5.2 Feedback and Comments

 

Hablamos Spanish welcomes feedback or comments about our Services. Should students elect to provide any feedback or comments of any nature to Hablamos Spanish, Hablamos Spanish reserves the right to use such feedback in any manner and for any purpose in Hablamos Spanish's discretion without remuneration, compensation or attribution to the student and the student acknowledges that Hablamos Spanish is under no obligation to use such feedback.

 

6. Disclaimer and Limitation of Liability 

 

6.1 No Duty of Care 

 

You access the Services at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to those contained in these Terms and Conditions.

 

Hablamos Spanish makes the service and course materials available for you to use, however we do not assume a duty of care to you.  We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the service and course materials.

 

You must make your own investigations to ensure the Services are accurate before you rely on them.

 

6.2 Disclaimer of Warranties 

 

You expressly acknowledge and agree that, to the maximum extent permitted by law:

 

(a) the Services are provided on an "as is" and "as available" basis. Hablamos Spanish, and our officers, contractors, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) we make no warranty that:

(i) the Services will meet your requirements;

(ii) the Services are accurate or reliable;

(iii) the Services  will be uninterrupted, timely, secure or error-free;

(iv) the quality of the Services, or other material obtained by you will meet your expectations; and

(v) any errors or will be corrected;

 

(c) any course materials or content downloaded or otherwise obtained through your use of the Services or as a result of your Scheduled Lessons are accessed at your own discretion and risk and you will be solely responsible for any costs associated with accessing the Site and Servicesand any damage to your computer or loss of data that results from the download of the course materials or content from the Site, via Skype or Gmail; and

(d) no advice or information, whether oral or written, obtained by you from us, or through or from the course materials or content creates any warranty not expressly stated herein.

 

6.3 Limitation of Liability 

 

(a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Services or your use of the Services.

 

(b) To the maximum extent permitted by law, we and our officers, contractors, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate or incorrect Services;

(ii) your use of the Services;

(iii) any failure or delay including, but not limited to, the use or inability to use any of the Services;

(iv) any interference with or damage to your computer systems or equipment which occurs in connection with use of the Services; and

(v) the cost of procurements of substitute Services.

 

(c) For claims that cannot be excluded or restricted under consumer protection laws, our liability for such a claim in relation to the Services will (at our option and to the maximum extent permitted by law) be limited to:

(i) resupplying those or equivalent Services; or

(ii) paying the cost of having those Services resupplied.

  

6.4 Technical Issues 

 

You acknowledge that Hablamos Spanish is not responsible for minor breaks in communication during a Scheduled Lesson or availability of the Site arising from technical issues outside of our control. Hablamos Spanish recommends that students connect to a strong wifi signal (with unlimited data) in order to undertake their Scheduled Lessons. In the event that a technical fault with our system results in the cancellation of the Scheduled Lesson, you will be credited with extra time or if within the first 15 minutes of the Scheduled Lesson, you will not be charged for the lesson.

 

7. Indemnity 

 

By using the Services and the Site, you agree to indemnify Hablamos Spanish and our officers, contractors, employees and agents against, and agree to reimburse and compensate Habalamos Spanish for, any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur  in connection with:

(a) a breach of these Terms and Conditions by you;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site; and
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trademark.

  

8. Dispute Resolution

 

In the event a dispute arises out of or in connection with this Agreement, you and Hablamos Spanish will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then the resolution of all or any outstanding issues will be at the discretion of Hablamos Spanish and any decisions will be final. 

 

9. Privacy Policy

 

For the Hablamos Spanish Privacy Policy, click here.

 

10. Changes to the Terms and Conditions

 

Hablamos Spanish has the right to modify these Enrolment Terms and Conditions and any policies affecting or pertaining to the Services. Your continued use of the Services following notice of the modification will be considered an acceptance of the modified terms and conditions of enrolment. Your recourse upon dissatisfaction with the modified terms and conditions is to not to renew your Lesson Plan. Furthermore, Hablamos Spanish reserves the right to modify, suspend or discontinue its Services at any time.

 

11. Governing Law and Jurisdiction

 

These Enrolment Terms and Conditions are governed by the laws of Western Australia and any matters arising out of it shall be subject to laws of Western Australia. No representation or warranty is made that the contract complies with the laws of any country outside of Australia. 

 

12. Enforceability

 

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, that part of the Agreement shall be severed.

 

13. Entire Agreement

 

These Enrolment Terms and Conditions, together with the Site Terms of Use, Social Media Acceptable Use Policy, Privacy Policy and any other legal or fee notices provided to you by Hablamos Spanish, constitute the entire agreement between you and Hablamos Spanish about the subject matter and supersede all previous agreements, understanding and negotiations on that subject matter.

 

Last update: 18 February 2016