Terms and conditions
These terms and conditions apply to any HeySpanish course that your children attend. By paying the class fees and attending a course, you agree to be bound by these Terms. You should read them carefully.
1. Formation and Acceptance of Contract
1.1. Registrations must be made through our website. You will be asked to provide certain information about you and your child that we will store in accordance with our Privacy Legal Terms.
1.2. You will be asked to pay online after attending the trial class or at the beginning of subsequent periods. Failure to do so within the stipulated time frame will result in the loss of the place. Our online payment system accepts most credit and debit cards used.
1.3. A binding contract between you and us will be formed on the date you pay the Fees. This contract will not have a fixed term.
1.4. These Terms govern the contract, which is formed between you and us when we accept the Student in a Course.
1.5. If we cannot place the Student in the Course, we will inform you of this and no contract will be formed between you and us. In these circumstances, we will refund any Fees you have already paid for the Course.
1.6. Parents may only join their children during online lessons if they are with them in the same location and using the same screen.
2. Changes to the Terms
2.1. These Terms may be modified by us at any time and such changes will be notified to you.
2.2. No variation of the Terms will be binding unless agreed by us in writing.
3. Fee and Payment
3.1. You must pay the fee after attending any HeySpanish trial class but before the student begins the course.
3.2. The Fee is not refundable unless we agree otherwise in writing.
3.3. We may increase the fee for a subsequent teaching period with 28 days written notice. If we notify you of a Fee increase or a substantial change in these Terms, you may terminate the contract between you and us by written notice within 7 days after the date of our notification.
4. Your Cancellation Rights
4.1. The fee must be paid in full before the start date; otherwise, we may not allow access to the class except if you are on the monthly subscription plan.
4.2. Once a period/class has been booked and paid for, you have the right to change your mind within ten business days to transfer to another class/location.
4.3. No refunds are offered in case of illness, non-attendance, or cancellation by the client, however, we will try to offer you make-up classes (up to 2 per term per student) if possible. To benefit from a makeup class, you must notify us by email of your absence before the class you will miss. We will then agree on a suitable date and group to make up the class and, once agreed, that class will count as spent even in the case of no-show.
4.4. If you choose the subscription payment, it will automatically renew in the stipulated period. You may cancel this subscription at any time from your subscription management portal.
4.5. Within your subscription portal, you will also have the option to pause it for one month.
4.6. In case the charge cannot be made after 3 attempts, you will be notified of the loss of place in the course in which you are enrolled.
4.7. We will only pause classes from December 22 to January 3, the cost of your subscription will be adjusted proportionally.
5. Our Cancellation Rights
5.1. We may cancel your reservation at any time before the Student starts the Course for any reason. We will not be liable for any loss, damage, or expense arising from such cancellation, but we will refund any Fees you have already paid unless your liability applies.
6. Events Outside Our Control
6.1. We may suspend all or part of a Course without liability if we cannot meet our obligations due to circumstances beyond our reasonable control, including force majeure, government action, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, adverse weather conditions, epidemic or labor disputes. We will not be responsible for any loss, damage, or expense arising from such suspension. In these circumstances, the fee will not be refunded, and we will restart the course as soon as we can.
7. Your Responsibility
You warrant and represent to us that:
7.1. The information provided when booking a course is complete and accurate, and any changes will be notified to us immediately;
7.2. By attending the in-person Course, neither you nor the Student will knowingly suffer from any infectious or contagious disease;
7.3. By attending the Course, you will not use any photographic or recording equipment;
7.4. The Student is under your direction, care, and control, and you are solely responsible for the well-being and behavior of the Student in the Course.
7.5. You agree to comply with all current health and safety rules and procedures in place at the facilities where the Course is conducted.
7.6. You will indemnify HeySpanish against all loss (including loss of profits), liability, costs, and expenses incurred directly or indirectly as a result of any breach of this clause or any act or omission on your part or the Student's.
7.7. We may exclude you and the Student from the Course permanently or for the period we specify if, in our sole discretion, we consider your behavior or that of the Student to be unacceptable. In these circumstances, the Fee will not be refunded.
8. Exclusions of Liability
8.1. We warrant that we will teach the Course with reasonable skill and care. If we do not do so, we will refund the whole or part of the Fee that we consider reasonable.
8.2. Where we make a refund to you under the previous clause, we will have no further liability to you in this regard.
8.3. All other warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms.
8.4. Subject to the above, we, our teachers, employees, or agents will not be liable for any loss (consequential or otherwise), damage, expense, or delay suffered or incurred by you, the Student, or any other party arising directly or indirectly or in any way connected with the Student's attendance at the Course, including, among others, the unavailability of a teacher, the postponement or cancellation of all or part of the Course, or any other act or omission on our part or any of our teachers, employees, or agents even if they are negligent.
8.5. Our maximum aggregate liability under these Terms will not exceed the Fee.
9. Your Legal Rights
9.1. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10.1. All notices sent under these Terms will be sent by email and will be deemed received by the addresses within 48 hours of sending.
10.2. Any complaint about the Course must be notified to us in writing within 30 days of the cause of the complaint arising.
10.3. We operate in accordance with a child protection policy, which is available for viewing during the Course.
10.4. Although we believe that the Terms are fair and reasonable, if a competent authority determines that any part of them is wholly or partially unenforceable (for any reason) or unreasonable, it will be deemed to be deleted and the remaining provisions will continue in full force and effect.
10.5. These Terms constitute the entire agreement between you and us and supersede all previous agreements and understandings between you and us. No statement or promise allegedly made and not contained in these Terms will be binding or form part of them.
10.6. With the exception of HeySpanish, which can enforce these Terms to benefit from them, none of the Terms will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them.
10.7. If we do not assert any right under the Terms, it will not be considered as a waiver of that right and will not prevent us from subsequently enforcing it.
10.8. The Terms will be governed by and interpreted in accordance with English law and the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also initiate proceedings in Northern Ireland, and if you are a resident of Scotland, you may also initiate proceedings in Scotland.