Terms and Conditions

OBJECTIVE OF THIS STATEMENT

This statement regulates the conditions, access and use of this Website, its contents and services, paid or free, made available to Users, as well as the policy of sale and reservation of classes.

ACCEPTANCE OF THE TERMS AND CONDITIONS

By using the information, tools, features and functionality located on yourspanishteacher.nl, as well as its Services, you agree to be bound by this Terms and Conditions Statement, whether you are simply browsing this Website or you are registered with Your Spanish Teacher.

If you do not agree with all the Terms and Conditions in this Statement, do not use this Website.

Please review all of our Terms and Conditions carefully before using this Website.

Before you continue, you should print or save a local copy of this Statement for your records.

DEFINITIONS

HOLDER:

The Website www.yourspanishteacher.nl (hereinafter the SITE), dedicated to teaching Spanish to foreigners, is brought to you by Your Spanish Teacher, located in the city of Utrecht (The Netherlands), and whose holder and founder is Sonia Casado García (hereinafter the OWNER).

CONTENTS:

The SITE provides access to a multitude of information, services, programs and data (hereafter the CONTENTS) through the Internet, belonging by default to the OWNER of the SITE, unless another owner is expressly indicated.

USERS:

Access and/or use of this SITE attributes the condition of USER.

GENERAL CONDITIONS OF USE

ACCESS AND USE OF THE SITE

On the mere fact of accessing the SITE or its CONTENTS, attributes the condition of USER and implies full and unreserved acceptance of all General Conditions of Use here listed. The USER is aware that access and use of the SITE and its CONTENTS is done under their sole and exclusive responsibility.

The USER will use the services and CONTENTS available on the SITE, exclusively for private purposes. The reproduction, sale, or exploitation of any type of the CONTENTS of the SITE for commercial purposes is not allowed.

In general, the services and materials offered through the SITE will be available in Spanish, and the OWNER may discretionally present such additional services and materials in other languages.

Your Spanish Teacher reserves the right to request the registration of USERS to access certain services or information on the SITE and its CONTENTS, for which the choice of a “password” that allows the personal identification of the USER (“name”) will be requested.

The assigned access password will be personal and non-transferable. The transfer, even temporary, to third parties are not allowed. In this sense, the USER undertakes to make diligent use and to keep the password and username secret, where appropriate, to access the SITE and the CONTENTS. In the event that the USER knows or suspects the loss, theft or use of their password by third parties, they must inform Your Spanish Teacher as soon as possible.

RESPONSIBILITIES OF THE USER

The USER will be responsible for all the activities that occur with their name and password, as well as for the expenses and damages caused by the access and use of the SITE and the CONTENTS by any third party that uses the password and username due to misuse or loss thereof by the USER. If the USER uses a shared computer, they must make sure to log out when they finish using it.

The USER guarantees to be of legal age or, otherwise, to have permission from their parents or guardians to access our pages, as well as the veracity and authenticity of the information given in the different forms on the SITE, and they are also obliged to keep this information updated. The USER who accesses the SITE must know our Privacy Policy, which also regulates the visits made to the SITE.

The USER agrees to use the services, information and materials of the SITE and its CONTENTS in accordance with the Law and with these General Conditions, and in no case may carry out, including but not limited to, the following activities:

• Incurring activities that are unlawful, illegal or contrary to good faith and public order.
• Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or an attempt against human rights.
• Perform acts contrary to the Intellectual Property rights of their legitimate holders.
• Causing damage to the physical and logical systems of the SITE, its suppliers or third parties, and/or introducing or spreading computer viruses, in such a way that the normal use of the SITE is disabled or impeded.

The USER can publish in some of the sections of the SITE their opinions and comments about some of the CONTENTS, send suggestions, ideas, questions or other information, provided that the content of these is not illegal, obscene, abusive, threatening, defamatory, invades privacy from third parties, infringes intellectual property rights, is insulting or otherwise reprehensible to third parties, or contains computer viruses, political propaganda, advertising content, chain mails, mass mailing or any other type of ‘spam’. In addition, the use of false email addresses, impersonating another person or entity, or otherwise lying about the origin of any content is not allowed.

The SITE reserves the right (but not the obligation) to remove or modify any content that does not comply with these rules. In any case, the USER will be solely responsible for the opinions expressed and the infractions that may be incurred or for the damages that may be caused by the use of the SITE, and the OWNER will be released from any responsibility. The USER will also be solely responsible for any claim or legal action initiated by third parties against the OWNER, or against the USER, based on their use of the service, or for the information they may have sent to the OWNER by any means. The USER will assume all the expenses, costs and indemnities are caused to the OWNER due to such claims or legal actions.

The SITE reserves the right to totally or partially deny, at any time and without prior notice, the access to the SITE or its CONTENTS, as well as to cancel accounts if it is considered that the conditions of use described in this clause are not fulfilled.

GUARANTEE

The OWNER declares that it has adopted all the necessary measures, within its possibilities and the state of the technology at its disposal, to guarantee the operation of the SITE and the CONTENTS and to avoid the existence and transmission of viruses and other harmful or malicious components to USERS.

LIMITATION OF LIABILITY

The OWNER is not responsible for the misuse of the CONTENTS of the SITE, being the sole responsibility of the person who accesses or uses them.

The OWNER is not responsible for any possible security errors that may occur due to the use of outdated browser versions, or for the consequences derived from the malfunction of the browser, whether due to improper configuration, presence of computer viruses or any other cause unrelated to this SITE.

Even though every necessary precaution has been taken to provide up-to-date, suitable, and accurate information in this SITE, the OWNER cannot guarantee that all the information is fully up-to-date and free from errors or omissions and it is not responsible for direct or indirect damages in relation to the use of the information or elements contained in the SITE and its CONTENTS. Nor can it assure that the SITE is absolutely free of viruses or other harmful components on its pages or on the supplying servers.

The SITE is not responsible or guarantees that the content or software that can be accessed through this SITE is free from error or causes damage to the USER’s computer system (software and hardware).

The OWNER does not guarantee the continuity, availability and usefulness of the SITE, nor of the CONTENTS or services. And in particular, it is not responsible in any way for the falls, interruptions, lack or defect of the telecommunications that may occur.

INTELLECTUAL PROPERTY

The SITE, in its entirety, belongs to Sonia Casado García or, where appropriate, to third parties who have consented to its cession, including the domain name www.yourspanishteacher.nl and its design, structure, brand, form of presentation, texts, images, logos, graphics, photographs, software, audio and video clips, or any other distinctive sign or information that it is specified on this SITE.

Access to this portal does not give USERS the right or any ownership over the intellectual property rights of the content it houses. All the elements of this SITE are protected by the laws controlled to the intellectual property right and cannot be copied or plagiarised neither in part nor in its entirety.

Complaints that could be filed by the USER in relation to possible breaches of intellectual property rights over any of the CONTENTS of this SITE, require contacting though the email address contact@yourspanishteacher.nl.

EXTERNAL LINKS

In the event that the SITE provides links or hyperlinks to other Internet websites, this SITE will not have any type of control over these sites and their contents, and in no case will it assume any responsibility for the contents of any link belonging to a third party website, nor will it record the technical availability, quality, precision, accuracy, breadth, veracity, validity, and constitutionality of any material or information contained in any of these hyperlinks or other Internet websites.

MODIFICATION AND TERMINATION OF SERVICES

The administrator and OWNER of this SITE does everything possible to ensure that access to the SITE is uninterrupted and transmission is error-free. However, due to the nature of the Internet, it cannot be fully guaranteed.

The access, CONTENTS and services offered through the SITE have, in principle, an indefinite duration. Sometimes the access to the CONTENTS may be temporarily suspended or restricted to perform repair and/or maintenance tasks, and to implement new tools or services. Every effort will be made to minimize the frequency and duration of each of these suspensions and access restrictions. However, the OWNER reserves the right, without prior notice and at any time, to suspend, deny or permanently restrict access to the SITE. All this without giving rise to any compensation to the USER.

APPLICABLE LEGISLATION AND JURISDICTION

The OWNER reserves the possibility of exercising the legal actions derived from any illegal uses of the CONTENTS of her SITE.

The relationship of the OWNER and administrator of the SITE with the USER will be governed by the Dutch law in force. Any controversy or conflict in relation to the SITE will be submitted to the Courts and Tribunals of the city of Utrecht.

The European Commission provides an online dispute resolution platform which is available in the following link: http://ec.europa.eu/consumers/odr.

GENERAL CONDITIONS OF SALE

PURCHASE CONTRACT

When a USER places an order on the Shop of this SITE, they declare to be of legal age according to Dutch law (18 years) or, otherwise, having permission from their parents or guardians, and accepting these General Conditions of Sale, formalising this contract when the USER receives an email from the SITE administrator confirming the order. Once the administrator of the SITE certifies the payment of the amounts corresponding to the products included in the order, the USER will receive another email confirming the purchase.

The purchase of a pack of in-person classes, called ‘Face-to-face Classes’, can only be possible on request. The USER cannot buy these classes through the Shop, but by writing an email to contact@yourspanishteacher.nl or through the Contact page on this SITE. The teaching of Face-to-face Classes is subject to the location of the Your Spanish Teacher (Utrecht, The Netherlands).

ENROLLMENT AND ‘TASTER CLASS’ FEES

At Your Spanish Teacher there are no joining fees. An USER only ever pay for lessons they book.

Your Spanish Teacher offers a free 30-minute trial class, called ‘Taster Class’. This trial class is available only to first-time USERS.

PAYMENT METHODS

Classes will be paid in advance and in a single payment, at least 24 hours before the start of the class. Payments are accepted with credit or debit cards Visa, MasterCard and American Express. This form of payment is immediate, comfortable and safe. The USER who chooses this payment option must enter their card details during the purchase process. These data are sent in encrypted form to the STRIPE platform, which is in charge of managing the payment.
Payments are also supported directly through PayPal, for which it is not necessary to be registered. The use of this platform ensures the highest levels of security during the payment process since the data is managed through the secure servers of this company specialised in online payment. The SITE does not collect or store any data from the USERS related to the cards or the PayPal account used.

In any case, all communications between the page and the USER are secured by an SSL security certificate, so that the USER can verify at any time that the page visited belongs to the SITE by verifying the URL and the “safe site” symbol () placed before this URL, which will be of type https.

Likewise, payments are accepted through bank transfers, and in these cases the SITE will not assume any commission or charge that any of the banking entities involved in the process may generate during it. USER cannot make payments in cash, or by checks, promissory notes or direct debits.

PRICES

All the prices of the classes shown in the Shop are in European Union currency (Euro). The displayed price of all products is the final price.

Sometimes it is possible to find in the Shop some products with special or discounted prices. Special prices are valid only for a specific period of time. If the order is placed after the available period of a special price, the USER cannot claim a refund of the difference between the special price and the normal price.

The price of Face-to-face Classes will be exactly the same as online classes, unless stated otherwise.

Your Spanish Teacher reserves the right to change the prices of the classes, although the USER will be informed of this variation in prices in advance and all those packs that have been purchased before the price increase will not be modified.

TAXES AND INVOICES

The price of the classes is the final price. Spanish language teaching is exempt from Value Added Tax (VAT) (BTW in Dutch) under current Dutch legislation, so no additional charge for such taxes is included.

The USER who need an invoice, may request it at the email address contact@yourspanishteacher.nl.

VALIDITY AND OWNERSHIP OF CLASS TICKETS

The individual classes and packs offered in the SITE Shop have no expiration date and can be used at any time by the person who purchased them. Its assignment or sale to third parties is prohibited, unless expressly authorized in writing by the administrator of the SITE.

If the buyer is a company or similar, the reservations may be used by several people, who must be previously identified by the buyer through an email.

REFUNDS AND CANCELLATIONS

The USER have the right to withdraw their purchase within the reflection period without giving any reason. The reflection period expires 6 months after the day the USER purchased their classes. To exercise the right of withdrawal, the USER must only communicate their intention to withdraw to the administrator of the SITE by emailing to contact@yourspanishteacher.nl. To comply with the withdrawal period, it is sufficient to send their communication regarding their exercise of the right of withdrawal before the withdrawal period has expired.

If for any reason the USER is not satisfied with the purchase of a pack of classes and wishes to withdraw it, it would be possible as long as they have not used the product and the 6-month reflection period has not expired. In that case, the amount paid will be returned in full without any penalty or any other cost.

Since the classes do not expire, once the classes in a pack have begun to be taught, the amount corresponding to the classes not received will not be refunded, so the USER should make sure they are committed to the hours purchased.

The USER can change or cancel a reserved class by notifying it at least 24 hours in advance through an email to contact@yourspanishteacher.nl, and they can have that class at another time without any extra cost. If the cancellation of a class occurs during the 24 hours prior to the moment in which it was booked or if the USER does not appear at the agreed time or in the first 15 minutes, the class will be considered as taught and the corresponding amount will not be refunded except in exceptional cases and for duly justified causes.

Your Spanish Teacher reserves the right to unilaterally cancel the purchased classes, in which case the USER will be refunded in full the amount of the classes not taught, without any penalty or any other cost. In no case will be refunded the amount corresponding to classes that have already been taken by the USER.

MODIFICATION OF THE GENERAL CONDITIONS

The SITE reserves the right to unilaterally modify, without prior notice, the presentation, design, configuration, content and services of the SITE and its CONTENTS, as well as its General Conditions.

The validity of these conditions will depend on their exposure and will be in force until they are changed by others duly published. If these General Conditions were replaced by others in all or in part, the new General Conditions will be understood to be accepted in an identical way to the one previously exposed.

Your Spanish Teacher suggests that the USER review the General Conditions frequently to be aware of any modification that may have been made. Consequently, each time the USER accesses and uses the SITE, and/or place an order, it will be their responsibility to carefully read the current General Conditions, and if they do not agree with any of them, they must abstain from using this SITE.

If any of these conditions is declared invalid, null or ineffective for any reason, that condition will be understood to be excluded without affecting the validity of the rest of the General Conditions.

IDENTIFICATION DATA

Identity: Your Spanish Teacher
Holder: Sonia Casado García
Address: Musicallaan 351, 3543ED Utrech, The Netherlands
Email: contact@yourspanishteacher.nl
Phone: +31 (0)611 45 76 98
KVK-number: 77217284
BTW-id: NL003163280B53

CONTACT

If at any time the USER has problems accessing any part of the SITE or needs to answer any questions, they can contact Your Spanish Teacher by sending an email to contact@yourspanishteacher.nl or through the Contact page.