Terms of Use and Conditions
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the Spanish-on website www.spanish-on.com (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Spanish-on as a student (a “Learner”).
These Terms should be read alongside, and are in addition to our policies, including our Privacy Policy.
Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Website and the Online Content and Courses immediately.
I. Account Terms
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
3. You acknowledge that Spanish-on will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure. Spanish-on cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
5. You are responsible for all activity and content such as files, data, audio and links that are uploaded under your Spanish-on account. You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Spanish-on will result in an immediate termination of your services.
7. By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time).
II. Learner Conduct
1. Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
a) You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent;
b) You agree not to use or access the Website or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
c) You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms;
d) You agree not to alter or modify any part of the Website or the Online Content and Courses;
e) You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
f) You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
g) You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party;
h) You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
i) You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
j) You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
k) You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
2. You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.
3. You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
4. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
III. License to use
1. Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms;
2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
IV. Spanish-on rights
The following are Spanish-on’s rights in regards to the Services and these Terms of Service:
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to refuse our Services to anyone for any reason at any time.
- Spanish-on does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Services.
- We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Spanish-on customer, employee, member, or officer will result in immediate account termination.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Spanish-on retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Spanish-on reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
- Access to our website or materials is restricted or blocked in Argentina, Venezuela, Somalia, and Libya due to security concerns.
V. Affiliate Program
1. An Affiliate is the business, individual, or entity applying to or participating in the Affiliate Program, or that displays Spanish-on’s products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Spanish-on for sales directly resulting from such display. By signing up for the Spanish-on Affiliate Program (Program), you indicate your acceptance of these terms and conditions.
2. The Affiliate, as an independent individual or business, is not entitled to any employment law rights. The Affiliate will at all times represent himself as an independent business, and will in no circumstances represent himself or hold himself out as an employee of Spanish-on. Both parties declare that they have no wish to create or maintain a direct employment relationship between themselves.
3. We reserve the right to approve or reject any Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
4. Affiliates assume no obligation to promote the services offered in the Website and expressly acknowledge the occasional nature of the Affiliate Program.
5. Affiliates have no authority to enter into contracts or sales of any kind on behalf of Spanish-on or to bind Spanish-on in any other way to any third party.
6. It is in Spanish-on’s interest to develop and maintain a mutually beneficial relationship with the Affiliate. Therefore, it is Spanish-on intent to treat the Affiliate fairly and transparently. These affiliate terms provide guidance to both Spanish-on and the Affiliate in the governance of their relationship. However, circumstances will arise that are beyond the scope of what Spanish-on is able to reasonably anticipate and address in these terms. Therefore, Spanish-on retains the authority to determine if the Affiliate is in good standing at their sole discretion. Commissions shall only be paid to Affiliates who are in good standing. If Spanish-on determines that the Affiliate has lost good standing the Affiliate will be notified of the decision. At Spanish-on’s sole discretion, the Affiliate may be offered the opportunity to regain good standing. However, Spanish-on reserves the right to terminate the Affiliate’s account at any time resulting in the forfeiture of all unpaid commissions should Spanish-on determine, at their sole discretion, for any reason or no reason, that the Affiliate is no longer in good standing.
7. Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under applicable laws.
• Violation of intellectual property rights.
• Self-referrals, fraudulent transactions, suspected Affiliate fraud.
8. Commissions will be paid once a month during the first 10 (ten) days of each month by electronic means. Payments will cover the sales made on the previous month. Rates shall be agreed from time to time between the Affiliate and Spanish-on. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. Spanish-on reserves the right to modify the Affiliate Program Commission rate for any reason or no reason at all. The Affiliate will be notified in a timely manner of any changes to the Commission rates or any process related to the payment method.
9. You may use your Affiliate Link in graphic and text links both on your website and within in your email messages. You may also advertise the Spanish-on site in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are approved by Spanish-on.
10. Spanish-on will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to the Website. We do not make any expressed or implied warranties with respect to the Program and/or the memberships or courses sold by Spanish-on. We make no claim that the operation of the Program and/or our Website will be error-free and we will not be liable for any interruptions or errors.
11. The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
12. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
13. Affiliate shall indemnify and hold harmless Spanish-on and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Spanish-on to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
VI. Limitation of Liability
1. You expressly understand and agree that Spanish-on 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 resulting from the use of or inability to use the service.
2. In no event shall Spanish-on or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an “as-is“ and “as-available“ basis without any warranty or condition, express, implied or statutory.
4. Spanish-on does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. Spanish-on does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. Spanish-on does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Spanish-on Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
8. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
VII. Prices, Payments and Delivery of Services
1. The service provided by Spanish-on depends on the course or bundle, and the period of access the user has opted for. The contents and the corresponding costs and period of access can be found on the Spanish-on website www.spanish-on.com under our courses or bundles descriptions.
2. The Spanish-on service makes the learning platform available for the paid Spanish course or bundle. This becomes available as soon as the fee for the chosen Spanish course or bundle has been successfully transferred to Spanish-on. The user always must pay in advance and this is due immediately after the conclusion of the contract.
3. Prices for any Spanish courses or bundles are those published and applicable at the time of ordering. All mentioned prices are final prices and include the value added tax.
4. The user may receive an invoice if requested by the user in accordance with the paid Spanish course or bundle. The invoice is sent via e-mail.
5. When you make your purchase, you will need to have an account in Spanish-on and be logged in our website. You can pay by PayPal in one-time payment. It means we will charge you just a one-time fee to access the content that you purchase. Traditional bank transfers and those make via Wise or Payoneer are also accepted, though you will have to contact us first.
6. Every course or bundle has its enrolment duration. You will find that specific information when you make any purchase. If you want to renew your plan, you can purchase it again.
7. Once you purchase a course, you’ll be given access to new lessons of that course every 4 or 7 days so that you have ample time to dive into the lessons, study and internalize what you’ve learnt, before moving onto the next.
8. The amount of a transaction may be reversed or charged back to corresponding bank account (a “Chargeback”) if the transaction (a) is disputed by students or other users, (b) is reversed for any reason by a payment card network, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. We will charge the user or student a fee of $25 for each Chargeback.
9. Refunds may be requested within 10 days of purchase. Should you wish to obtain a refund of your payment for use of the Products, please email us at [email protected] within 10 days of making the payment. In addition, the Learner will have to prove the work done and show all the completed lessons released so far.
VIII. Waiver and Complete Agreement
9. The failure of Spanish-on 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 Spanish-on and govern your use of the Service, superseding any prior agreements between you and Spanish-on (including, but not limited to, any prior versions of the Terms of Service).
IX. Cancellation and Termination
1. You may cancel your account anytime by emailing [email protected] and then following the specific instructions indicated to you in our response.
2. Once cancellation is confirmed, your access to all Course Content will be immediately revoked. Since deletion of your account is final please be sure that you do in fact want to cancel your account before doing so.
3. We reserve the right to modify or terminate the Spanish-on service for any reason, without notice at any time.
4. Payments referred to Spanish-on for the purchase of Courses published in the Website shall not be refundable under the termination of this Agreement for whatever reason.
5. Fraud: Without limiting any other remedies, Spanish-on may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
6. The learning platform can be used anytime by the student, as long as the Spanish course has been paid for. After the period of access, the contractual relationship between the user and Spanish-on automatically ends and the user does not have to cancel his contract. If the user wants to use the Spanish platform again, a new purchase must be completed on the website.
X. Governing Law
1. These Terms of Use shall be governed by and interpreted in accordance with the laws of Argentina.
2. The courts of Córdoba (Argentina) shall have exclusive jurisdiction to settle any dispute or claim, whether contractual or non-contractual, that arises out of or in connection with this agreement.