Terms and conditions
TERMS AND CONDITIONS OF
WWW.WALDORFINSPIREDSPANISH.COM AND NATURALLY PLAYFUL
Last revision: February 4, 2021
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Laura F. Fidalgo (the "Website").
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
All intellectual property on the Website is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
USE OF COMPANY MATERIALS
Sharing downloadable materials is prohibited without the previous consent of the owner Laura F. Fidalgo.
ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
- a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
58 Hill Street, Wallenstein, Ontario, Canada
If you are unhappy with anything you have purchased on our Website, you may do the following:
Please, contact us at email@example.com
Please, be aware and read carefully our refund policies:
Digital products are not refundable.
Membership subscriptions can be canceled at any time. The month paid for will not be refunded but no other charges will be done for the months coming.
If you have registered for one or more cycles of Spanish lessons be aware that any cycle subscription will be refundable until 7 days prior to the start date. Any request for a refund done after that period of time will not result in a refund of the cycle that has started or it is going to start but the rest of class cycles are refundable. That way, if you register for a 12 weeks cycle, the first 6 classes will not be refundable if you request the refund 7 days prior the start of the classes or when the classes have already started. But the other 6 classes are refundable. Please see at the end of this document the Specific Terms and Conditions related to the Spanish Classes.
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Laura F. Fidalgo.
You further agree not to use and/or access the Website:
- a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- b) To violate any intellectual property rights of us or any third party;
- c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- d) To perpetrate any fraud;
- e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- f) To publish or distribute any obscene or defamatory material;
- g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
- h) To unlawfully gather information about others.
PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Laura F. Fidalgo and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
In order to use the Website, we may require information from you in order to provide the best service possible.
If you engage with Laura F. Fidalgo, Waldorf Inspired Spanish or Naturally Playful via this website or choose to become our customer we may ask to collect the following kinds of personal information from you, including:
- Contact details including your name and email address will be collected and stored in our secure email management system when you opt into our email list, register for a challenge or webinar or download a free guide or training.
- Internet data including your IP address, analytics and cookies may be collected when you visit our websites.
- Contact details such as your name and email address will be archived in our inbox when you email us or complete a contact form.
We Use This Information To:
- Respond to your enquiries.
- Provide specific products/services to you at your request.
- Help you understand our services better.
- Improve our products and services.
- Provide more relevant information.
- Provide news about your products and services.
We Will Only Collect Your Personal Information:
- With your full awareness and consent, such as when you email us, tick a checkbox or fill in a form to provide us with information.
- If we need it to provide you with information or services that you request.
- For necessary administrative processes if you become our client or student.
- If we believe that we can demonstrate a legitimate interest in using your data for marketing purposes, although we will always give you a choice to opt-out
In Order To Do This, We May Share Some Relevant Personal Information - On A Strictly Need To Know Basis - With:
- Our team internally here Laura F. Fidalgo, Waldorf-Inspired Spanish and Naturally Playful.
- Our affiliates, if you purchased through an affiliate link.
- We never sell trade, or otherwise transfer your personally identifiable information to outside parties, except to provide you with the products or services you have requested.
We will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and in response to a subpoena, discovery request or a court order.
If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with us to discuss this personally at firstname.lastname@example.org
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Laura F. Fidalgo arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Laura F. Fidalgo in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Waldorf-Inspired Spanish Live Lessons - Registration Terms
- Classes take place online through video conference and recordings will be available through an online group. After registration, you will be emailed the details and link to join the video meetings and group.
- Always call in 5 minutes prior to the official start time so that classes can start punctually. Late arrivals can disrupt the flow of the class.
- Please familiarize yourself with the usage of the video conference interface so that you know how to turn on your camera and mute/unmute your microphone (muting the microphone while the teacher is presenting is sometimes necessary for better sound and to prevent unexpected noises in your home from interfering the class). Show the children how to do it, in case parent support is not available for ages 8 and up.
- Technical requirements for the class are a microphone, camera and high speed internet.
- Please ensure the room or space which you will use to attend the online classes is calm and quiet for the duration of the class.
- Recording of the classes by participants is not permitted due to privacy considerations.
- All classes will be video and/or audio recorded by the teacher for educational and promotional purposes. These recordings may be made available online, in a private group, for class participants in your group and other groups as part of the service. These recordings or parts thereof may also be used for promotional purposes in print, audio, visual and digital media. By agreeing to these terms you grant in perpetuity to Laura Fernández Fidalgo the right to use the recordings for the stated purposes; you waive your right to inspect and/or approve the use or publication of these recordings for any legal reason; you agree that no royalty, fee or other compensation shall become payable to you by reason of such use; and you hereby release, discharge, and agree to indemnify and hold harmless Laura Fernández Fidalgo from all claims, demands, and causes of action that you or your children have or may have by reason of this authorization or use of these recordings.
- Payment and refund policy:
- Due to the low cost of classes (including the further discounts offered to people for registering for a whole term or registering multiple students) as well as the complexity of scheduling classes for participants from different time zones, payments are not refundable if a student cancels, withdraws or is absent. Therefore, please have your child attend the free sample class prior to registration (this is a recording of a real class with Laura, available for free to the public) in order to evaluate whether these classes are suitable for you and your child. Also, please review potential schedule conflicts before enrolling.
- Payments must be made at least three days in advance of the start of the first class or next class you are attending. (eg. If you purchased the 4-class package and are interested in continuing for another 4 classes after that, please pay in advance for the new package.)
- If a class or course has to be cancelled or rescheduled due to unforeseen circumstances, we will attempt to add time to remaining classes or add another class, depending on availability. If this doesn't work, you will be notified and refunded as follows: the refund will be full if the classes have not started yet. If classes have already started, you will be refunded for the remaining classes that were cancelled.
- We reserve the right to cancel any class or course due to insufficient enrollment. If this happens, parents will be notified as soon as possible before the start of the class or course and refunded in full.
- If you miss a class for any reason, you will be able to watch the recording of the class on your own time to make up lost material. It is your responsibility to do this on your own time. In addition, if available, you can join another class of the same level at no extra charge to make up the missed class (to be coordinated with the teacher, subject to availability).
- Conduct: we like to have fun while learning a language, but classes also require focus, listening, attention, and concentration. It is the parent's responsibility to assist their child to attend the classes appropriately and respectfully. Students who continually disrupt the class, at the instructor’s discretion, may be asked to leave the class and/or not to return for the remainder of the course. No refunds are provided due to a student’s misbehavior.
- Parent participation: a parent or guardian must attend the class with their child(ren) at all times if the child is 8 years old or younger or has special needs that require an adult to be present with them physically. Parents are welcome to attend the class with their child of any age, free of charge.
- If any materials are required for the classes these are usually basic craft supplies such as paints and brushes, crayons, pencils, paper, and scissors. Please have these available for your child for each class in case they will be used. Parents will be notified ahead of time of any other materials they need to have ready for a class.
- If no new group is starting or available and you would like to join a current course or group after it has already started (ie. a few classes have already taken place and you want to join partway through), you may do so for the full, regular price of the course, and you will be able to watch the recordings of the previous classes to catch up on the material.
- The classes and any online groups/email threads are meant to be a safe, supportive and respectful place, and participants are expected to act accordingly. No bullying, discrimination or harassment based on gender, race, age, ability, belief, or any other reason will be tolerated.
- These terms and conditions are subject to change without prior notice and your continued participation in the service means you agree to abide by the most updated version of these terms. The most updated document detailing the terms will be accessible at www.waldorfinspiredspanish.com - Terms and Conditions
- If you have any issue, concern or complaint regarding the classes or service at any time, please email at hola@waldorfinspiredspanish.
And don't forget to have fun!
Laura F. Fidalgo
Waldorf Inspired Spanish