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Terms of Service
Thank you for choosing Spanish Connect.
This Terms of Service contains important provisions regarding the use of myspanishconnect.com (“Website”) and all other services provided by Spanish Connect (“Services”). The Website and Services are operated by Krello Group Pty Ltd as trustee for the Infinity One Trust (“Company”) trading Spanish Connect (ABN 18142011746).
IF YOU DO NOT AGREE TO THE TERMS CONTAINED WITHIN THIS TERMS OF SERVICE, YOU SHOULD NOT USE OR IMMEDIATELY CEASE YOUR USE OF THE SERVICES OR WEBSITE. SPANISH CONNECT RESERVES THE RIGHT TO UPDATE AND CHANGE THESE TERMS OF SERVICE WITHOUT NOTICE. IN THE EVENT SPANISH CONNECT UPDATES AND CHANGES THESE TERMS OF SERVICE, THE EFFECTIVE DATE, LOCATED BELOW, WILL CHANGE. YOUR USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY UPDATES AND CHANGES.
PREMIUM CONTENT SUBSCRIPTION
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- When you sign up to the Service you are agreeing to an approval process which may take up to 48 hours. Spanish Connect maintains the right to deny full access to the Service after reviewing new subscriptions and sign-ups. Spanish Connect review all new and existing subscription to ensure that the applications or users are using the Service legitimately and are unlikely to misuse the Service, which includes using the Service in contravention of these terms and in contravention of the rights of the Company, which are strictly reserved.
- To hold an account with Spanish Connect, you must; (a) have an active membership, and (b) warrant that any registration information that you submit to Spanish Connect is true, accurate and complete, and you agree to maintain the efficacy of your information at all times.
Changing Subscription Level
- If the Service is offered with a free trial, once that trial period is over, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be suspended and your access prevented until payment is made.
- Changing your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- You are solely responsible for cancelling your paid subscription. You can do so by accessing your account on the Website or by contacting the Company via email to email@example.com.
- If you cancel your subscription before the end of your current paid up term, your cancellation will take effect from the expiry of the period for which you have paid, and you will not be charged again, during this period you will continue enjoying access to member’s content until expiry date. There will not be any prorating of unused time nor refunds of payments made, regardless of the date of cancelation within the billing cycle.
- If you wish to permanently remove all data from the Spanish Connect platform, please email firstname.lastname@example.org requesting this deletion.
- In this case, all of your content will be immediately inaccessible from the Service upon deletion. This information cannot be recovered once it has been permanently deleted.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
- The Company uses video conferencing platforms such as Zoom or equivalents for its delivery.
- Students require access to a computer/tablet/phone with reliable internet connection and capable of connecting to video conference platforms or other as instructed by Spanish Connect at the time of enrolment. Students may require other software to be used or installed on their device in order to properly view and participate in our classes.
- You will be provided with a meeting ID/password by email prior to your class.
- We strongly recommend students to test all devices before the start of the class. There will be no refunds or make-up time due to delays caused by student connectivity issues.
- In participating in the online classes, or in your ward participating should you be a guardian, you agree that you or they shall not duplicate the contents or otherwise modify any of the same save for that required for your or their own personal enjoyment of the contents therein. The reservation of rights in relation to copyright and intellectual property provided in these Terms of Service applies to the content in any class.
- You acknowledge that your conduct in the classes may affect the enjoyment of other members and the teacher participating in the class. In participating in a class, you agree to conduct yourself in a respectful and courteous manner, measured against a reasonable person in the same circumstances. Students are expected to wear respectable clothes during class, and preferably to be in a quiet room, away from distractions and, in the case of minor, supervised by a parent/guardian at all times.
- You acknowledge that Spanish Connect, in its sole discretion, may expel you from a live class session should your conduct fall below the standard expected by Spanish Connect in these Terms of Service.
- You indemnify Spanish Connect for any claims made by other participants regarding your conduct during a class.
- Given the nature of the classes conducted by Spanish Connect, no refunds shall be offered, subject to the application of the Australian Consumer Law, after the class has taken place, however:
- Group classes
- Enrolments cancelled 7 days or more prior to the course start date will be refunded less an amount equaling 25% of the class fees, which is retained for administration costs.
- Enrolments cancelled within a week from the course start date will be refunded less an amount equaling 50% of the class fees, which is retained for administration cost and lost opportunity.
- Refunds will be processed within 5-10 business days from cancellation acceptance confirmation by Spanish Connect.
- Classes are not interchangeable if a class is missed due to your inability to attend. Course fees are non-transferable to other students.
- Your inability to attend his/her class during term time does not constitute a reason for re-imbursement of fees.
- Date cannot be exchanged after a booking.
- Trial classes are offered at the discretion of Spanish Connect.
- Trial classes are recommended but not mandatory before enrolment.
- Private classes
- Individual class changes can be arranged if Spanish Connect is notified at least 24 hours in advance of the scheduled class.
- Changes requested within 24 hours will not be accepted by Spanish Connect.
- If you do not attend an individual class without rescheduling pursuant with these Terms of Service, you will not be refunded.
- Private class packs expire 6 months from the day of purchase.
- Notwithstanding anything in this clause, if you have purchased a pack of classes greater than 2 and have reconsidered your purchase, we will offer a full refund if you notify us in writing of your intention to cancel after your first class and not later than two days after the second class.
- Unless specifically prohibited by a notice published in any material, you may print material provided as part of the online classes for your own personal use, provided that in doing so you do not remove or alter any trade mark, copyright or other proprietary notices contained in that part of the material. Our status (and that of any identified contributors) as the authors of content on the classes and material must always be acknowledged. You must not use any part of the content of our classes for commercial purposes without obtaining a licence to do so from us or our licensors, if any.
- The Company grants you a license to use the downloadable content provided on the website, subject to these Terms of Service.
- Under these Terms of Service, ownership, copyright and moral rights of and associated with the downloadable content available on the website will at all times remain with the Company. For the abundance of clarity, moral rights shall extend to any content, products or material produced which incorporate the downloadable content.
- Unless otherwise noted in the individual downloadable content, or agreed in writing by the Company, the licence is granted:
- For the use of individuals or school teachers only, and must not be used for profit or other commercial purpose; and
- On the basis the downloadable content cannot be copied, shared or reproduced in any way subject to the limited use described directly above.
- The Company may require payment prior to granting you with a licence to use the downloadable content.
- Payment may be facilitated via third party providers on the website pursuant with these Terms of Service.
Termination of Licence
- Termination of this licence to use downloadable content can be made by the Company if you commit any breach of any provision of these Terms of Service.
- Any termination is without prejudice to the rights of the Company terminating to seek and obtain damages for any breach of these Terms of Service.
Effect of Termination
- Upon termination, you must immediately cease and desist from using the downloadable content;
- The Licensee must destroy all documents and other materials (including all copies) in its possession relating to the downloadable content and do such further things as may be reasonably required by the Licensor to protect its right, title and interest in the Works; and
- All License Fees previously paid remain the property of the Licensor and the Licensee can make no claim in respect of them. The Licensee must further pay to the Licensor any license fee accrued but unpaid as at the date of the termination or expiration.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Spanish Connect website or via email. Such price changes will take effect from the next billing cycle.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Services will not be provided unless all amounts payable to Spanish Connect have cleared. You may lose your schedule allotment in a class if amounts payable have not been paid and received in clear funds.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Spanish Connect does not offer refunds given the individualised content of the Services. In extreme circumstances, refund requests can be emailed to email@example.com and eligibility will be determined at the discretion of Spanish Connect management.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- From time to time, Spanish Connect may run promotional material offering discounted or free trial memberships for a period of time. These promotional codes are not redeemable for cash and may not be returned for a cash refund, exchanged, resold. These promotional codes are also non-transferrable to an existing account holder unless explicitly indicated in the promotional material.
- Spanish Connect uses third party companies such as Stripe to process online payments. Both you and Spanish Connect must abide the terms and conditions of these third party providers, which are separate to these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer to a Company employee or officer will result in immediate Service termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- The Company may assign the benefit of these Terms of Service without your consent. The Company will put you on notice of the assignment via the email address associated with your membership.
- You agree that the Company may record and/or publish the nature of the Service provided to you, including recording the Customer or the Customer’s business name, or logo (if applicable), which may identify the Customer. The Customer agrees that this material may be used in marketing material by the Company. This also includes any testimonials provided by you. Any misuse of copyrighted material by you or users of any website operated by the Company is strictly prohibited.
Effective Date: 1st October 2021.