Terms & Conditions

Terms & Conditions:

Last Updated 09/11/2021

Welcome to Escuela. Azahara Torres, the website and online service of Azahara Torres trading as Escuela, (hereinafter: “escuela”, “Azahara Torres”, “we” or “us”). This page explains the terms by which you may use our online services, software and website, 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 and Conditions (“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 (“Users”, “Students” or “you”). If you do not understand any of the terms of this Agreement, please contact us before using the Services.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date shown 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. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. If any clause or part of this Agreement is considered invalid by any court or arbitrator, this does not mean that the whole Agreement will be judged invalid.

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.

Contents:

Provision of the Service
Payment & Refunds
Booking Policies & Resolving Disputes
Managing your Information
Technical Requirements
Trial Sessions
Ownership of Intellectual Property, Copyrights and Logos.
Right to Suspend or Cancel User Account
Limitation of Liability
Promotional Emails and Content
Arbitration, Law and Dispute Resolution
Users of the Community Area
Links
Customer Support Details and Contact Info

1. Provision of the Service

Who can use our Services:

You may use our Services only if you can form a binding contract with Us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Before using our Services, Users below the age of 18 must obtain express permission from a parent or legal guardian, which must be provided to Escuela before providing data and commencing lessons. Users below the age of 18 should be supervised by a parent or legal guardian whilst taking lessons. Your right to use our Services is personal to you and is not transferable by you to any other person or entity. Escuela reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behaviour towards another User.

Escuela provides an online venue for language learning providing the following services:

Learning Services. Upon acceptance to the Site, Escuela allows Azahara Torres and other Teachers hired by us to advertise their services to Students. Students and Teachers are able to coordinate lesson bookings via our software.

Payment Services. Escuela provides Payment Services to Users through Wix.com. Students are able to purchase lesson credits, which they can then apply in the booking system in order to schedule lessons with Us.

Escuela will provide Lessons directly to the students in different modalities (121, group, courses…) and through different platforms (mainly Zoom and in person).

2. Payment & Refunds

When purchasing one of our Clases, services or items, you agree that: you are responsible for reading the full item listing before making a commitment to purchase; and you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products or services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for recurrent services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Credit for our service is valid for 6 months from the day of purchase.

All prices stated exclude any additional charges such as fees, taxes or interest charged by the Student’s bank or credit card company. These charges are the sole responsibility of the Student. The prices stated also do not include any costs associated with connecting to the internet.

Students are able to receive a refund of their balance if they contact Escuela’s support team to request their refund within 30 days of purchase. The refunded amount will equal the value of the remaining balance in GBP, minus payment processing fees that are not returned by our payment provider. If your bank account is in a currency other than GBP, you may receive less than you paid due to currency conversion costs and changes in the exchange rate.

To redeem a trial session for free, you may be required to provide valid card information. At this point, your card will not be charged - the information is only used to verify your identity & limit free trial sessions to one per student. When you make a payment, you'll have the option to save your card details. If you select this option, our payment provider will store your card details securely to save you time if you choose to make further payments.

3. Booking Policies & Resolving Disputes

A lesson can be cancelled or rescheduled by the Student if at least 24 hours are remaining until it is due to begin. The Student must reschedule/cancel the lesson via the booking system. When there are less than 24 hours remaining until the lesson is due to begin, the Student does NOT have the right to cancel or reschedule and the lesson credit cannot be returned. Teachers are able to make exceptions if they wish, however they are under no obligation to do so.

If the Student misses their lesson, they will not be able to reschedule or cancel it and their lesson credit will be lost. Lessons scheduled during local holidays will not be cancelled automatically – it is the responsibility of the Student to make any necessary changes to their bookings.

If there is a dispute between Student and Teacher, Escuela will gather all records of communication available in order to determine how to adjudicate the dispute. Escuela shall have the right to offer a refund, or reverse a transaction.

4. Managing Your Information

It is the sole responsibility of each User to ensure that all personal details (e.g. contact details, payment details) are up to date and accurate at all times. By accepting these Terms, you hereby release Escuela from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or being supplied to Escuela’s staff. You are also responsible for safeguarding your account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Escuela account, whether or not you have authorised such activities or actions. You will immediately notify Escuela of any unauthorised use of your account or lesson credits.

5. Technical Requirements

The Student is responsible for ensuring they have 1) a sufficiently fast and reliable internet connection and 2) the necessary software and hardware for online learning. This includes Zoom software account and the necessary audio and video 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 marked as Not Complete and the lessoon won’t be charged.

6. Trial Sessions

Students may book a “Trial Session”. New students are given a free Trial Session. Abuse of the trial system, for example by creating multiple accounts and taking multiple free trial sessions, may result in the Student's accounts being suspended and the Student being banned from using Escuela's Services. Trial Sessions last approximately 30 minutes and are not intended to be a lesson but rather for the Teacher and Student to get to know each other. After taking this Trial Session, the Student can decide, without commitment or obligation of making a purchase, whether to proceed with purchasing lessons.

7. Ownership of Intellectual Property, Copyrights and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Azahara Torres Gómez. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

8. Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing with respect to automatically-renewed subscriptions to paid services such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Azahara Torres, Escuela, its agents, directrs, employes, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service and service content (even if we have been advised of the possibility of such damages).

UNDER NO CIRCUMSTANCES WILL Escuela 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

To the maximum extent permitted by applicable law, Azahara Torres assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the service; (V) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) user content or the defamatory, offensive or illegal conduct of any third party. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise exceed the amounts, if any, that you have paid to us for your use of the services and service content. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

You agree to indemnify and hold Escuela, Azahara Torres and Us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

10. Promotional Emails and Content

By providing Escuela your email address, you consent to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages), as well as service related notices, including any notices required by law in lieu of communication by post mail. If you don't want to receive such promotional materials or notices – please just notify us at any time.

11. Arbitration, Law and Dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Manchester, Uk. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

We want to address any issues you have without needing a formal legal case. Before filing a claim against Escuela, you agree to try to resolve the dispute informally by contacting us at ayuda@escuela.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Escuela may bring a formal proceeding.

12. Users of the Community Area

All users that join the community, have a public profile that is publicly visible to site visitors and their public activity (such as, but not excluding, posts or comments) will be visible to other visitors of the website.

The User of the website can always opt-out and exit the community and, upon doing so, such user’s profile will not be publicly visible. In such event the user will not be able to use the community features.

13. Links

The Site may contain links to third-party websites. You acknowledge and agree that Escuela is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or their resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites.

14. Customer support details & contact info

You can contact us at any time using the form offered here.

Thank you for reading.