Legal

TERMS OF USE

December 2020

Welcome to AprendeHablando.com. This website is operated by APRENDE HABLANDO (hereinafter: “the School”or “we”), with Tax Number R77471200 and registered office at 7 Santiago St., 28801, Alcalá de Henares, Madrid, Spain.

This page explains the terms by which you may use the website and online services, provided on or in connection with the service (collectively the “Service”). By accessing or using the Services, you signify that you have read, understood, and agreed to be bound by these Terms of use (“Terms”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“User”, “Student” or “you”). In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use the website.

APRENDE HABLANDO may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Term refers to the latest update of thee Terms, which will be applicable from the date of publication.

Contents

Permitted Users of the Website
Subscriptions and Payment
Refunds, Cancellation, Early Termination, Pause
Guaranteed Services
Student Etiquette
Privacy Policy
Controlling Law and Jurisdiction
Arbitration
No Warranties; Exclusion of Liability; Indemnification
Indemnification
Intellectual Property Rights
Links To or From Other Sites
Notices

1. Permitted Users of the Website
You may use our Services only if you can form a binding contract with APRENDE HABLANDO, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. Users between the ages of 13 and 18 must obtain written permission from a parent or legal guardian. Your right to use our Services is personal to you and is not transferable by you to any other person or entity. APRENDE HABLANDO reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behaviour towards another User.

2. Subscriptions and Payment
(a) Subscriptions
The website may offer certain Services from APRENDE HABLANDO for corresponding fees and require the Student to purchase subscriptions on either:

MONTHLY: a month-to-month subscription paid in monthly installments;

ANNUALLY: a 12-month subscription paid in 11 monthly installments, plus one month deposit paid in the first payment. Last installment will not be charged.

Students on the PLUS 30-minute plan can book up to 60 minutes per day (2 lessons per week).

Students on the FULL 60-minute plan can book up to 60 minutes (1 hour lesson) per day (5 lessons per week).

Students on the BASIC PLAN can book up to 30 minutes (1 hour lesson) per day (2 lessons per week).

Whichever plan students are enrolled, they are allowed to schedule up to 1 lesson per day. No-shows are considered forfeited lessons.

If the Student decides to book more than the lessons provided in the plan, the Student will pay $10 for each 30-minute added lesson and $15 for each 60-minute added lesson.

(b) Trial Week
New Students are permitted to take a “Free Trial Week”. These sessions are only available to first time students, and is limited to 3 lessons (30-Minute sessions) per Student. The Student can enroll in the School before or after the trial week.

When enrolled, your subscription automatically renews every term you subscribed, unless you express your desire not to continue.

>>We also offer subscription to free services, like Speaking Clubs and Masterclasses, where students are not charged<<

3. Refunds, Cancellation, Early Termination and Pause
(a) Refunds
If for whatever reason you are not satisfied or just decide not to continue, you will receive your money back —if you didn’t attend more than 1 lesson (excluding the trial)—. This applies only for the first week after your enrollment. After the initial week of service, we do NOT offer refunds. We have hard costs (paying teachers, for example) that prevent us from offering this.

(b) Cancellation
You may cancel your Subscription at any time by sending an email request, along with your reason for cancellation, to support@aprendehablando.com.

(c) Early Termination
Any cancellation requests received over 30 days from your initial payment and before the end of your Subscription will be considered an Early Termination. If you elect an Early Termination you will be charged for (i) all payments due prior to cancellation and (ii) fifty (50) percent (%) of any installment payments due remaining after cancellation. Members on a month-to-month program can cancel anytime.

(d) Pause
Students can pause their lessons for up to 1 month. You just need to notify the School first by emailing at support@aprendehablando.com

4. Guaranteed Services

The School offers a guarantee for two (2) Services:

i) The School guarantees that if you are a Spanish beginner student you will be conversationally fluent within 10 months.
By conversational fluency is meant B1 level of speaking proficiency of the Common European Framework of Reference for Languages (CEFR).

The time the Student will need to spend learning is at least 4 weekly hours of lessons (output) and 4 weekly hours for self study or input.

ii) The School guarantees that if you are an intermediate student you’ll be fluent in Spanish in 12 months.
By fluency is meant C1 level of speaking proficiency of the Common European Framework of Reference for Languages (CEFR).
The time the Student will need to spend learning is at least 4 weekly hours of lessons (output) and 5 weekly hours for input.

If the Student don’t reach that proficiency within one year we’ll give free 1-on-1 lessons during three months to reach it.

In case of doubt, the School reserves the right to ask the Student to take the SIELE oral exam (S4 SPOKEN EXPRESSION AND INTERACTION). Examination fees will be paid by the Student.

5. Student Etiquette

Students are expected to be polite and follow common etiquette. For instance, a student must:

-be fully clothed during sessions
-when taking a lesson, not be abusive to the teacher, including sexual, religious, racial, gender or other abusive comments
-when taking a lesson, give full attention to the teacher and not accepting calls during the lesson.
-be the sole user of the Service. Attempts to have multiple people using the Service will not be allowed.
-be on time and take the booked lessons. Scheduling classes and then not showing up is a disservice to other students who may have wanted that time slot with a particular teacher, a disservice to the teacher, who ends up sitting there, and a disservice to us as we pay a teacher without them teaching. If the Student cannot attend a class, it should be canceled as far in advance as possible.

The first 3 times may result in a warning to the Student. If abusive or impolite behavior continues, APRENDE HABLANDO reserves the right to expel the Student from the School, ban them from future classes, and refuse refund requests.

6. Privacy Policy

Please refer to our Privacy Policy for information on how we protect your privacy, and how we may collect, use, and disclose personally identifiable information.

7. Controlling Law and Jurisdiction

The use of the Website and the Services shall be governed by Spanish Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the courts of Madrid, and the Parties waive expressly any other applicable jurisdiction.
Any cause of action you may have with respect to APRENDE HABLANDO must be commenced within 30 days after it arises, or the cause of action is barred.

8. Arbitration

The School want to address any issues you have without needing a formal legal case. Before filing a claim against APRENDE HABLANDO, you agree to try to resolve the dispute informally by contacting support@aprendehablando.com. APRENDE HABLANDO will try to resolve the dispute informally by contacting the Student via email. If a dispute is not resolved within 15 days of submission, the Student or APRENDE HABLANDO may bring a formal proceeding.
Judicial forum for disputes. The Student and APRENDE HABLANDO agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Madrid, subject to the mandatory arbitration provisions below. Both the Student and APRENDE HABLANDO consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. The Student and APRENDE HABLANDO agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. The Student can decline this agreement to arbitrate by confirming this via email to support@aprendehablando.com within 30 days of first using our Services.
Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, the Student agrees to the exclusive jurisdiction of the courts in Madrid to resolve your claim.
NO CLASS ACTIONS. The Student may only resolve disputes with the School on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

9. No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY APRENDE HABLANDO ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APRENDE HABLANDO SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. APRENDE HABLANDO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER APRENDE HABLANDO OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL APRENDE HABLANDO LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO APRENDE HABLANDO FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, APRENDE HABLANDO DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. APRENDE HABLANDO AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.
APRENDE HABLANDO MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

10. Indemnification

The Student agrees to indemnify, defend and hold harmless APRENDE HABLANDO from any and all liability, claims, costs, or damages arising from your use of AprendeHablando.com or your breach of this Agreement and any of the Terms set out herein.

11. Intellectual Property Rights

All of APRENDE HABLANDO’s materials, including website content, articles, images, and audio and video files remain at all time the sole property of APRENDE HABLANDO. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of APRENDE HABLANDO.

12. Links To or From Other Sites

This website contains links to or from websites operated by parties other than APRENDE HABLANDO. These links are provided for reference, for online payment, (in the case of Paypal) or for scheduling. APRENDE HABLANDO do not control these websites and is not responsible for their contents or their privacy or other practices. Our inclusion of the links does not imply any endorsement of the material on those websites or their practices or any association with their operators.

13. Notices

If you have any questions and/or concerns about this Agreement or any of the policies of APRENDE HABLANDO, you may contact us using the information below.

APRENDE HABLANDO
7 Santiago St
Alcalá de Henares (Madrid)
Spain
support@aprendehablando.com

PRIVACY POLICY

May 2018

1. Introduction

APRENDE HABLANDO is committed to protecting your privacy. This Privacy Policy sets out how we will treat the personal data which you provide to us in compliance with applicable data protection law, in particular the General Data Protection Regulation (EU) 2016/679 (GDPR).

Please read this Policy carefully as it contains important information on how and why we collect, store, use and share personal data, your rights in relation to your personal data, how to contact us and supervisory authorities in the event that you would like to report a concern about the way in which we process your data.

2. Information We Collect and How We Use It
a) Information we collect about you

When you visit AprendeHablando.com, we may track browsing activity and later analyse it for the purpose of serving our visitors and customers better. We use third party cookies to run Google Analytics Demographics and Interest Reporting. These cookies gather website visitor data (such as age and gender) that we use to optimise our website content and marketing. They do not collect any personally identifiable information. You can use this add-on to prevent Google Analytics from accessing information about your online activity.
APRENDE HABLANDO uses remarketing tracking to log when users view specific pages or take specific actions on AprendeHablando.com. This is common practice and allows us to advertise to past users when they are browsing other websites. If you do not wish to receive Google or Facebook advertising, you can opt out of each using the following links: You can change your Facebook advertising settings here. Find out how to opt out of Google advertising here.

b) Information you provide to us
APRENDE HABLANDO collects email addresses provided on our website forms (free trial or blog subscription) so that we can communicate with Students and other relevant parties via email. You can opt out of our email lists by clicking the unsubscribe link at the bottom of our emails.
APRENDE HABLANDO collects information (email and name) when posting on the blog.
APRENDE HABLANDO uses live chat software to communicate with Users via the website. When Users contact us, the software shows us their rough location. This is not data that we use or share.
APRENDE HABLANDO uses video conferencing softwares (Skype or Zoom) to connect with the Student, and the Student’s username is provided to us.
Students will receive reminders (email, mobile phone) for their lessons from a third party website.
APRENDE HABLANDO may also ask you to complete surveys that we use for research purposes.
APRENDE HABLANDO will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

To protect ourselves from liability.
To respond to legal process or comply with law, or in connection with a merger, acquisition, or liquidation of the company.

3. Third Party Websites
Related services and offerings with links from this website, including all other websites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. APRENDE HABLANDO is not responsible for the privacy practices or contents of third-party websites. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.

4. Protection of Personal Data According to the LOPD

APRENDE HABLANDO, under current legislation regarding the protection of personal data, reports that the personal data collected through the forms on the website www.aprendehablando.com are included in the computerized files of user specific services APRENDE HABLANDO.

The collection and processing of personal data is aimed at maintaining the business relationship and the performance of tasks of information, training, counseling and other activities of the APRENDE HABLANDO.

This data will only be transferred to those entities that are necessary for the sole purpose of complying with the purpose stated above.

APRENDE HABLANDO adopt the necessary measures to ensure the security, integrity and confidentiality of data in accordance with the provisions of Organic Law LOPD 15/1999 of December 13, Protection of Personal Data (Data Protection Act).

5. Data Retention in Accordance with the LSSI

APRENDE HABLANDO reports that, as a hosting service provider and data under the provisions of the July 11 Ley34/2002 Services Information Society and Electronic Commerce (LSSI), retained for a maximum period of 12 months essential information to identify the source of the data stored and the time when the service started. The retention of such data does not affect the secrecy of communications and may only be used within the framework of a criminal investigation or to safeguard public safety, making himself available to the judges and/or courts or the Ministry which thus requires. Data communication to the State Forces will be under the provisions of the legislation on personal data protection.

6. Data Collection & GDPR Compliance

By sing up for a trial class, subscribe our blog or creating an account with us, you consent to us gathering certain information about you, in order to process your order. This may include (but is not exclusively limited to) information such as your full name and email address (so we can update you about your classes), your IP address (this is securely collected by our payment system, so that we can validate your payment information and prevent fraudulent orders), and the order will be added to your purchase history, which we also retain, in order to be able to help with inquiries and see which customers have ordered in the past.

For the purposes of placing your order, we use a secure third party payment provider who will securely handle transaction information (our website is secure to the highest level of PCI Compliance via PayPal).

If you place an sign up for a trial lesson and create an account you will be opting in to marketing communications, or, if you sign up to our email list via our website, we may use this information to process your order (if you’ve processed an order), to contact you about an order, or, to notify you about appropriate company information such as newsletters, sales, updates, news information etc. You may opt out of these communications at any time, either by contacting us, or by clicking the “Unsubscribe” link in the email. We use a secure, third party email provider to store and manage email subscription information.

7. Your Rights

Under the GDPR, you have various rights with respect to our use of your personal data:

Right to Access

You have the right to request a copy of the personal data that we hold about you by contacting us at the email or postal address given below. Please include with your request information that will enable us to verify your identity. We will respond with 30 days of request. Please note that there are exceptions to this right. We may be unable to make all information available to you if, for example, making the information available to you would reveal personal data about another person, if we are legally prevented from disclosing such information. Or if your request is manifestly unfounded or excessive.

Right to rectification

We aim to keep your personal data accurate and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.

Right to erasure

You have the right to request the deletion of your personal data where, for example, the personal data are no longer necessary for the purposes for which they were collected, where you withdraw your consent to processing, where there is no overriding legitimate interest for us to continue to process your personal data, or your personal data has been unlawfully processed. If you would like to request that your personal data is erased, please contact us using the contact details provided below.

Right to object

In certain circumstances, you have the right to object to the processing of your personal data where, for example, your personal data is being processed on the basis of legitimate interests and there is no overriding legitimate interest for us to continue to process your personal data, or if your data is being processed for direct marketing purposes. If you would like to object to the pressing of your personal data, please contact us using the contact details provided below.

Right to restrict processing

In certain circumstances, you have the right to request that we restrict the further processing of your personal data. This right arises where, for example, you have contested the accuracy of the personal data we hold about you and we are verifying the information, you have objected to processing based on legitimate interests and we are considering whether there are any overriding legitimate interests, or the processing is unlawful and you elect that processing is restricted rather than deleted. Please contact us using the contact details provided below.

Right to data portability

In certain circumstances, you have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format. This right arises where you have provided your personal data to us, the processing is based on consent or the performance of a contract, and processing is carried out by automated means. If you would like to request that your personal data is ported to you, please contact us using the contact details provided below.

Please note that the GDPR sets out exceptions to these rights. If we are unable to comply with your request due to an exception we will explain this to you in our response.

8. Complaints

APRENDE HABLANDO hope that we can resolve any query or concern you raise about our use of your information. The Delegate for Data Protection in APRENDE HABLANDO is Mrs. Cristina Rosario Martin.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the Spain is the Agencia Española de Protección de Datos, who may be contacted at http://www.agpd.es or telephone: +34 912663517

9. Changes to our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Any changes we may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website shall be deemed your acceptance of the varied Privacy Policy.

10. Contact

If you have any queries about this Policy, the way in which APRENDE HABLANDO processes personal data, or about exercising any of your rights, please send an email to support@aprendehablando.com or write to:

APRENDE HABLANDO
7 Santiago St.
28801 Alcalá de Henares (Madrid)