Terms and ConditionsThese terms and conditions apply to any HeySpanish Course attended by you. By paying the class fees and attending a course you agree to be bound by these Terms. You must read them carefully.
1. The contract between you and us, HeySpanish LTD, Company number 12938208
1.1. Enrolments must be done through our website. You will be asked to provide certain information about yourself and your child that we will store in compliance with our Legal Privacy Terms.
1. 2. You will be asked to pay online after attending the taster class or at the beginning of subsequent terms. Failure to do so within the period stipulated will mean the loss of your place. Our online payments system accepts the majority of the credit and debit cards used in the U.K. The fee must be paid in full before the commencement of the Course.
1.3. A binding contract shall be formed between you and us on the date on which you pay the Fees.
1.4. These Terms govern the contract, which is formed between you and us when the Pupil is accepted on a Course by us.
1.5. If we are unable to place the Pupil on the Course, we will inform you of this and no contract will be formed between you and us. In these circumstances we shall refund to you any Fee already paid by you for the Course.
1.6. Parents will only be able to join their child during the online lessons if they are with them in the same place and using the same screen.
2. Changes to the Terms
2.1. These Terms may be amended by us at any time and such changes will be notified to you.
2.2. No variations to the Terms shall be binding unless agreed in writing by us.
3. Fee and Payment
3.1. You must pay the Fee after any HeySpanish taster class is attended but prior to the Pupil commencing the Course.
3.2. VAT, if applicable, is included on the Fee.
3.3. The Fee is non-refundable unless we agree otherwise in writing.
3.4. We may increase the Fee for a subsequent Teaching Term on 28 days written notice. If we notify you of a Fee increase or a material change to these Terms you may terminate the contract between you and us by written notice to us within 7 days of the date of our notice.
4. Your Cancellation Rights
4.1. The Fee has to paid in full prior to the start date, otherwise we might not allow Access to the class.
4.2. Once a term/class has been booked and paid for, you have the right to change your mind within ten working days to transfer to another class/location or receive a credit for another term or class.
4.3. Refunds are not offered in case of sickness, non-attendance or cancellation by the client, however we will try to offer make-up classes (up to 2 per term per pupil) for you if possible. To benefit from a make up class you must notify us by email about your absence prior to the class you'll miss. We will then agree on a suitable date and group to make the class up, and once agreed, that class will count as spent even in the case of not showing up.
5. Our Cancellation Rights
5.1. We may cancel your booking at any time before the Pupil commences the Course for any reason. We shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation but shall refund to you any Fee already paid by you unless your responsibility applies.
6. Events outside our control
6.1 We may suspend all or part of a Course without liability if we are prevented from performing our obligations due to circumstances beyond our reasonable control including acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, adverse weather conditions, epidemic, or labour disputes. We shall not be liable for any loss, damage or expenses whatsoever arising from such suspension. In these circumstances the Fee shall not be refunded and we shall re-commence the Course as soon as we are able to do so.
7. Your Responsibility
You warrant and represent to us that:
7.1. The information provided when booking a course is complete and accurate and that any changes will be notified to us immediately;
7.2. When attending the Course, neither you nor the Pupil will knowingly be suffering from any infectious or contagious diseases;
7.3. When attending the Course you will not use any photographic or recording equipment;
7.4. The Pupil is under your direction, care and control and you are solely responsible for the Pupil’s welfare and conduct at the Course.
7.5. You agree to comply with all health and safety rules and procedures in place at the premises where the Course is held.
7.6. You will indemnify HeySpanish on demand against all loss (including loss of profit), liability, costs and expenses which will incur directly or indirectly as a result of any breach of this clause or any act or omission by you or the Pupil.
7.7. We may exclude you and the Pupil from the Course and premises where the Course is held either permanently or for such period as we specify if in our sole discretion we consider your behaviour or that of the Pupil to be unacceptable. In these circumstances the Fee will not be refunded.
8. Exclusions of Liability
8.1. We warrant that we will deliver the Course with reasonable skill and care. If we fail to do so we shall refund all or such part of the Fee as we consider reasonable.
8.2. Where we make a refund to you under the previous clause we shall 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. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any matter that it would be illegal for us to exclude our liability for.
8.5. Subject to the above we, our teachers, employees or agents shall not be liable for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by you, the Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil on the Course including but not limited to, 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 negligent.
8.6. Subject to clause 9.4 our maximum aggregate liability under these Terms shall 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. Any notices to be sent under these Terms shall be sent by email and shall be deemed to have been received by the addresses within 48 hours of sending them.
10.2. Any complaints about the Course or these Terms should be sent to us by email to firstname.lastname@example.org
10.3. We operate in accordance with a child protection policy, which is available to view during the Course on request.
10.4. Whilst we believe that the Terms are fair and reasonable, if any part of them is adjudged by a competent authority to be wholly or partly unenforceable (for any reason) or unreasonable it shall be deemed to be removed and the remaining provisions shall continue in full force and effect.
10.5. These Terms constitute the entire agreement between you and us and supersede all prior agreements and understandings between you and us. No statement or promise alleged to have been made and which is not contained in these Terms shall be binding or form part of them.
10.6. Except for HeySpanish who can enforce these Terms in order 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 fail to enforce any right under the Terms we shall not be deemed to have given up that right and it shall not prevent us from enforcing it subsequently.
10.8. The Terms shall be governed by and construed in accordance with English law and the courts of England and Wales shall have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.