Terms of Service
Effective date: June 23, 2014
Welcome to Spanish To Move!
General Terms of Service
Spanish To Move® owns and operates the web site www.spanishtomove.com in order to provide the “User” or “Student” the opportunity to learn Spanish through our online services, as well as through the downloads available on the site (collectively, the "Service"). The Service includes access to Spanish To Move® Courses (the "Courses") and online Skype® Spanish Classes with native Spanish teachers (“Tutoring Sessions”).
You are granted the right to use the Service pursuant to these Terms of Service. This right is limited to you as an individual person (not as a group of people or a corporate entity) and is not transferable. Please note that in order to get access to the Service you require a personal computer, tablet or similar device. To make full use of the Service, you will need to accept the Terms of Service and the terms and conditions for any related software and hardware. Your refusal to accept the terms of those agreements would limit your ability to fully use the Service.
You will be able to use the Service after completing your registration and the corresponding payment through the payment service determined by Spanish To Move®.
To use the Service, you must register and open a user account in Spanish To Move® ("the Account"). It is important to keep your user name and password secure and confidential. We reserve the right to make periodic updates to the Service, with or without notice. Consider that the Service includes functions related to safety that, when activated, could cause the content previously available for use to cease thereafter.
We reserve the right, at our discretion, to change these Terms of Service at any time, without notification. If you have questions about these Terms of Service, or wish to contact us, you can call to the phone number specified on the website www.spanishtomove.com, send an email to firstname.lastname@example.org or send your question via the contact form in our website.
Description of Service
The Service provided on the website www.spanishtomove.com is composed of courses, materials and individual online Tutoring Sessions to facilitate the learning of the Spanish language, and have been designed to learn the language gradually. However, the accurate learning of the Spanish language and the time in which this goal is achieved is the responsibility of each user.
The Content of the Service available on the website www.spanishtomove.com is described as follows:
- Courses: a package consisting of written lessons in PDF format, audio files in MP3 format and video files in MP4 format with text transcripts synchronized with the audio.
- Native teacher/tutor: teacher whose mother tongue is Spanish.
- Translation: the presentation of the course information in a different language than Spanish, to facilitate user understanding. All written lessons in PDF in the Elementary, Basic and Travel courses offer a complete English translation. All written lessons in PDF in the Travel, Elementary, Basic, Intermediate and Advanced courses offer an English translation of the grammar topics studied in each lesson. Vocabulary lessons in the Elementary course offer a translation into English, French, Portuguese, German, Chinese, Japanese and Korean.
- Tutoring Sessions: 50-minute private one-on-one live sessions that take place in Skype®. These live sessions are led by a certified, native Spanish-speaking tutor, who prepares the session in advanced, in accordance with the student's needs, no matter if it is conversation, grammar or any other specific topic. Our tutors come from different Spanish-speaking countries, so the student can find the tutor with the Spanish accent he or she wants to learn.
You can navigate within the Service and partly know the Content without opening an account in Spanish To Move® or providing registration information. However, for any other use of the Service and to get access to the entire Content of Spanish To Move®, you must open an account and provide registration information.
The property of the Content of Spanish To Move® includes music, images, text, audio and other materials that you can get or which can be accessed in digital form from the Service, which is owned by Spanish To Move® or third Licensors.
Once you have subscribed to the Service, you can access the Content of Spanish To Move® as many times as you want. You are also granted permission to transfer the Content of Spanish To Move® to certain portable devices only for personal, non-commercial use. However, once you have transferred or recorded the Spanish To Move® Content as mentioned, you agree and acknowledge that you may not copy, reproduce, distribute, or transfer the Content to any other media or device, or distribute or transfer to any another person or party. The recording and transfer of Spanish To Move® Content are only for your convenience and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the holders of the copyright of the Spanish To Move® Content, including any musical composition therein.
Tutoring sessions offered on the website www.spanishtomove.com (owned by Spanish To Move®) consist of 50-minute live sessions between a native Spanish teacher properly qualified ("Tutor") and one student at a time (individual sessions), via Skype®.
Below you will find the commitments that the student assumes when buying tutoring sessions in www.spanishtomove.com.
Student Responsibilities and Policies of the sessions:
- To get proper access to tutoring sessions in www.spanishtomove.com, the student agrees to use a device (computer, tablet or similar) with internet, camera and microphone to be able to communicate with the Tutor, watch and listen without interruption or interference during the course of the session. Also, the student agrees to perform all Tutoring Sessions via the Skype® platform.
- Once the tutoring sessions are bought, the student will receive a purchase order in his/her email. The tutor will communicate with the student within 24 hours to agree with him directly about the dynamics of the sessions and to know the topics of interest of the student.
- The tutoring sessions schedules that appear in www.spanishtomove.com correspond to the Central Standard Time / Central Daylight Time (CST/CDT) in Mexico City, so it is the student's sole responsibility to convert the time of the booked sessions to the time where the student is located. To help the student make time conversion, www.spanishtomove.com offers him or her the possibility to select his/her own time zone before booking a session. Tutoring sessions won’t be eligible for a refund if the student doesn’t attend them due to problems with the conversion of times.
- The tutor will send a contact request to the student via the Skype® platform, to the email used by the student to buy the tutoring sessions. The student will have the obligation to accept the contact request from the selected tutor on the Skype® platform.
- The student will have the obligation to be on time for the sessions booked. If any circumstances (including lack of connectivity) prevents him to attend the session, the student must notify the tutor (to his/her institutional email) and Spanish To Move® (to the email email@example.com) at least 24 hours prior to the session, to re-schedule the tutoring session. A session cannot be re-scheduled when the student's notification is made in less than 24 hours prior to the session time.
- It is the student's responsibility to make sure that the internet connection and the device used to access the sessions work properly, so Spanish To Move® will have no obligation to replace or refund the sessions that cannot be accessed by technical problems attributable to the student.
- The session will last 50 minutes, counted from the scheduled time for the beginning of the session.
- In case of any problematic incident or situation arise during the session, which requires the intervention of Spanish To Move®, the student must send an email immediately after the session, to firstname.lastname@example.org, to make a report of what happened, so Spanish To Move® can take appropriate action to resolve the incident and prevent its recurrence. In case of conflict between the student and the tutor for some policies of the session, Spanish To Move® will solve the dispute in accordance with the Terms and Conditions set for the service, for both students and tutors.
- If the tutor does not attend a session within 10 minutes of the scheduled time, the student must give immediate notice to Spanish To Move® (email@example.com). The student may request a re-schedule of the tutoring session with the same or a different tutor.
- If the student does not attend a booked session within 10 minutes of the scheduled time, the tutor won’t have the obligation to remain online to provide the service, unless the tutor chooses to do so. In either case, the tutor will report this situation to Spanish To Move® and will receive the corresponding payment of the session, so the student cannot request a re-schedule of the tutoring session.
- The student must send all requests or comments regarding the tutoring sessions to firstname.lastname@example.org.
- The student understands and agrees that the Tutoring Sessions may be recorded by Spanish To Move®, in order to ensure the quality of services offered to the students.
- The student agrees and acknowledges that he/she cannot reach any agreement with tutors of Spanish to Move® to request services, arrange external sessions or make payments for their services outside of Spanish to Move®. If the student engages in such conducts, he/she will be immediately and definitely suspended of the services provided by Spanish To Move®. In that case, the student shall be responsible for the damages caused (or which might be caused) to Spanish To Move®. In addition, Spanish To Move® may withhold the payments of the Tutoring Sessions made by the student for the sessions which have not been accessed, without any liability to Spanish To Move®.
- The student may be definitely suspended from tutoring services of www.spanishtomove.com if he incurs in any of the following behaviors: disrespect to the tutor; inappropriate comments leading to racism or discrimination; reach arrangements directly with the tutor to pay the tutoring sessions independently from the website www.spanishtomove.com, among others. In this case, Spanish To Move® may withhold the payments of the Tutoring Sessions made by the student for the sessions which have not been accessed, without any liability to Spanish To Move®.
- The explicit teaching of grammar (or performing grammar exercises) within a session will depend on the interest expressed by a student, so he/she must inform the selected tutor about his/her interest before the session takes place, so that the tutor can guide the session accordingly.
- Periodically, the student may ask for feedback from the tutor by email, in order to know the achievements of the session and areas of opportunity of the student.
- If the student is a minor, he/she may request the tutoring sessions through a parent or guardian. It is the responsibility of the parent or the guardian to be, or not to be present in the session. Spanish To Move® will provide the services regardless of whether the parent or guardian of the minor student is present during the session or not.
- Students will be able to cancel the booked sessions and request a refund for their payment in a span of up to 24 hours prior to the tutoring session. If the student cancels a session within less than 24 hours prior to the tutoring session, he/she will not receive a refund. Once the Tutoring Sessions have been already accessed, they cannot not be refunded.
- Refunds will be made through the PayPal® service. The student will be responsible to cover the fees charged by PayPal® for receiving payments or transfers for refunds. The terms and conditions described in the Spanish To Move® Return Policy apply to the Tutoring Sessions.
- The student is obliged to keep strict confidentiality of all documents, information and any other data received from Spanish To Move® and its tutors. The student acknowledges and agrees that in case of any violation to the provisions relating to confidentiality, according to the Terms and Conditions of Tutoring Sessions, he/she shall be punished with the termination of the services, in addition to being subject to the sanctions in accordance with the applicable law. Furthermore, the student is responsible for any damages, hold harmless, and of all liability resulting to Spanish To Move®, its owners, officers, directors, employees, agents, subcontractors, consultants and agents for any claim that third parties could make for reasons attributable to the student, and the payment of expenses that could result for these reasons.
- The student accepts that the agreements and obligations of confidentiality shall be mandatory during the services and for a period of 5 (five) years from the date on which these services are terminated.
- Spanish To Move® reserves the right to suspend the Tutoring Sessions to the student for any violation of the Terms and Conditions and to the previous confidentiality clause established therein, without liability or without compensation for the time the student has applied for tutoring sessions on www.spanishtomove.com.
- In case the student breaches the terms and conditions set forth herein, or if for any other cause attributable to the student, the service cannot be performed in accordance with the provisions set in these Terms of the Service, the student agrees to respond for any damages, hold harmless, and of all liability resulting to Spanish To Move®, its owners, officers, directors, employees, agents, subcontractors, consultants and agents for any claim that third parties could make for reasons attributable to the student, as well as pay the expenses that could result for these reasons.
- In case of any dispute that could arise over the interpretation or enforcement of the Terms and Conditions of Tutoring Sessions, the parties agree to submit to the applicable legal provisions of Mexico City, and to the jurisdiction of its courts. The parties expressly waive any other jurisdiction that may apply because of their present or future residence or for any other reason.
Authorization for use of the Service and Reservation of Rights
By accepting these Terms of Service, you are granted a limited right which is nonexclusive, nontransferable and non-sub licensable, to enter, access and use the Service solely for personal and noncommercial use. You acknowledge that all rights not expressly granted to you in these Terms of Service are reserved by Spanish To Move® and you agree that this permit is for your personal and noncommercial use, and that no one but you will use the Service. You may not copy or reproduce all or part of the Service, including without implying any limitation, the Content of Spanish To Move®. In addition to the limited license granted in this Section, you do not have any other right, title or participation in the Service. You understand and acknowledge that, in all circumstances, your rights with respect to the Service will be limited by the copyright or intellectual property relevant laws and by these Terms of Service.
Spanish To Move® and certain third parties may place advertising or promotional materials on or through the Service. Your participation in any promotion or offer is subject to the rules related to the promotion. Your relationships with other entities or third parties and your participation in promotions or offers from third parties that advertise or appear on the Service are solely between you and such third party. You acknowledge and agree that Spanish To Move® will not be responsible for any damage or loss arising as a result of such relationship or the presence of such advertisers on the Service.
To agree and accept these Terms of Service on your own behalf, you must be at least 18 years old. In case you are less than 18, your parent or legal guardian must agree to these Terms of Service and register for the Service on your behalf.
You agree to not use the Service to transmit, display, perform or otherwise make available messages, content or materials: (i) that are illegal, obscene, threatening, unsolicited bulk or "spam", libelous, invasive of privacy; (ii) that violate or infringe copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy or publicity, or any other laws; (iii) that constitute political campaigning or marketing or sales inquiries or contain viruses or other computer code designed to interfere with the functionality of computer systems, or (iv) that somehow is harmful to minors. You agree not to interrupt or attempt to interrupt the operation or the Service in any way. During the use of the Service, students are expected to behave in an appropriate and respectful manner with the tutors. Any violation of the provisions hereof shall be subject to the review and any action that Spanish To Move® decides to adopt, in its sole consideration and even proceeding to the right to terminate the Service in accordance with the provisions herein. In addition, you may not use a false email address or otherwise mislead other members with regard to your identity or the origin of a message or content.
The Service includes security components, so special rules and policies are applied. You may not attempt (or support others' attempts) to circumvent, apply reverse engineering, decipher, decompile, disassemble or otherwise modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any portion of the Service, including, without limitation, any text, image or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer Spanish To Move® Content, except as it is expressly permitted in these Terms.
You can only open an account of Spanish To Move® for yourself, not for anyone else, according to the provisions of the previous section regarding age requirements. You agree not to allow others to use your Registration Information and/or Spanish To Move® Account and agree that you are solely responsible for maintaining the confidentiality and security thereof. You agree to immediately notify Spanish To Move® about any unauthorized use of your password and/or your Spanish To Move® Account, sending an email to email@example.com or sending your comment via the contact form.
Except as expressly permitted herein, the rights granted to you hereunder shall not confer any of the following: (a) rights of reproduction or promotional use in Spanish To Move® Content, (b) rights to perform agreements with any broadcasting system that generates income (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute the Content of Spanish To Move® through streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute the Spanish To Move® Content in other distribution systems (pay-audio applications or audio on demand, etc.) or on physical media (compact discs, versatile digital discs, semiconductor chips, hard drives, memory cards, etc.), or (e) rights of commercial or promotional use, sale, resale, reproduction or distribution of the Spanish To Move® Content.
Charges and Billing
All users of the Service must accept these Terms of Service, and complete a payment authorization and sign the terms and conditions for the purchase through the payment service determined by Spanish To Move®. You agree to pay for all Spanish To Move® Content not offered for free by Spanish To Move®.
Spanish To Move® reserves the right to terminate your Account and/or access to the Service if you violate the Terms of Service. If you would terminate your membership subscription to the Spanish To Move® Service, fees paid or charges applied will not be refundable.
During the registration process you will be asked to provide information on your credit card or bank account (your "payment instrument"). As a user of the Service, you agree that charges to your credit or debit card, applicable fees and any sales tax and any other charges you incur in connection with your use of the Service, are applied. In accordance with the provisions herein, fees or charges will not be refundable.
All prices related to the Service are expressed in United States dollars and are subject to change by Spanish To Move® at any time, without notice and without liability to you. Spanish To Move® does not offer price protection or refunds in the event of a price drop or promotional offering.
Money Back Guarantee Policy
It is important to note that individual results with our system depend on a number of factors, including, but not limited to, study time per day, current Spanish level, motivation of the student, etc. If after using our program you are unsatisfied with it, Spanish To Move® offers you a refund guarantee. You can ask for our Money Back Guarantee within a 7-day period after purchase. To apply for it, you just need to fill out a request form with your review of the program, so that we may take your opinions into account in order to improve our program in the future. Please note that $1-Lessons and Business Spanish Course are not eligible for a refund.
In regard to Tutoring Sessions, students can apply for our Money Back Guarantee in a span of up to 24 hours before the tutoring session takes place. If the student cancels a session in less than 24 hours before it takes place, or doesn’t attend to the session, refunds will not be applicable. Please note that Tutoring Sessions are not eligible for a refund after they have been accessed.
Please be aware that Spanish To Move will retain 20% of your purchase as a refund administration fee.
You declare and guarantee that all information, including your registration information, responses to polls and surveys, provided to Spanish To Move® is accurate, complete and current, and agrees to update this information when needed. You also admit that any information you provide to Spanish To Move® will not violate any law or regulation, or infringe the rights of third parties.
By opening an Account, you declare and warrant to Spanish To Move® that all statements you indicated in your profile are true and that you have the capacity to perform contracts in accordance with the laws of your jurisdiction.
You also understand that by using the Service and getting access to the Content of Spanish To Move®, you can find materials that may be considered objectionable in any way. In this case, Spanish To Move® will have no liability to you for any content or materials included in the Service.
Spanish To Move® will not be responsible for any damage or virus that causes any damage to your computer equipment or other property as a result of the access, use, download or browsing in the Service.
Spanish To Move® is not responsible for the content or availability of third-party websites that have links to or from the Service. Access to other web sites is completely at your own risk. All links are provided only for your convenience and shall not be interpreted as an endorsement of the owner/sponsor of the site. Spanish To Move® disclaims all warranties, either expressed or implied, as to the accuracy, quality or any other aspect of any material or information contained in such websites.
Spanish To Move® reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time without notice to you. All changes take effect immediately. If there are any substantial changes, we will make commercially reasonable efforts to notify you and obtain your consent before implementing such changes. We recommend you check these Terms of Service periodically to see if there have been changes. Continued use of the Service by you after the posting of such changes constitutes acceptance of them.
Spanish To Move® can add, change, terminate, suspend or remove any materials incorporated into the Service, including features, prices and specifications of products described or depicted on the Service, temporarily or permanently, at any time, without notice and without liability. In addition, Spanish To Move® and/or the owners of the Content of Spanish To Move® may occasionally modify the Content without notice.
The name and logo of Spanish To Move® are registered trademarks. All page contents are registered and protected by copyright. The Service contains and/or incorporates trade secrets, patented inventions (and/or pending patents) and/or other materials which are intellectual property of Spanish To Move® and/or its licensors. All title and ownership rights in the Service, including without limitation the Spanish To Move® Content and any copies related to the Service and the Content remain under the ownership of its author as appropriate. You agree to keep confidential the information contained in the Service that is not public domain, and not disclose such information to third parties without prior written approval of Spanish To Move®.
Students are not allowed to try to reconfigure, decompile or use reverse engineer on the website of Spanish To Move®, the Service and/or the Content of Spanish To Move®.
Contents from Spanish To Move® and other works of authorship that are in the Service or are part of the Service (collectively, the "Content"), are protected by the applicable laws of copyright and international copyright treaties and other laws and intellectual property treaties. The Content is licensed, not sold. You cannot make unauthorized copies or use any part of the Content except as specified herein and in accordance with applicable legislation. All titles and copyrights in the Content and the Service (including without implying any limitation, images, graphics, photographs, animations, video, audio, music, text, scripts, documents and interactive features included in or available through the Service) are owned by Spanish To Move® or its licensors. You agree to comply with all applicable laws regarding the protection of copyright in relation to the use of the Service and the Content by you. In addition to the provisions of these Terms of Service, Spanish To Move® may take legal action to protect its copyright in the Content.
Students are not authorized to use any of the trademarks related to the Service, except as specified herein and in accordance with applicable law. You may not copy, display or use any trademark without the prior written permission of the owner. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws.
When sending messages, reviews, inputting data or engaging in any other form of communication through the service (if permitted by Spanish To Move®) or through the official social networking of Spanish To Move®, you acknowledge that you have all rights to publish such materials and that they do not violate the rights of others, and accept that Spanish To Move® can copy, sublicense, adapt, transmit, publicly perform or display any of such content to provide and/or promote the Service without liability for Spanish To Move®.
You agree that any loss or damage of any kind incurred as a result of the use of any messages, content or material that you upload, post, transmit, display or in any way makes available through your use of the Service is your sole responsibility. Likewise, you are solely responsible for monitoring and protecting intellectual property rights that may belong to you about those publications you post on social networks, including, but without limitation, messages, text, illustrations, data, files, pictures, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. Spanish To Move® does not have nor accepts any liability on its behalf.
If Spanish To Move® receives a notification informing us that you have engaged in conduct that violates any intellectual property rights of Spanish To Move®, or a third party, or has a reasonable suspicion, Spanish To Move® may suspend or terminate your access to the Service, without notice. If Spanish To Move® acts under this Section, Spanish To Move® will not have any liability to you, including for any amount or any credit that you previously paid for the Service.
You agree that any unauthorized use of the Service and any technology contained in the Service may cause irreparable harm to Spanish To Move® for which compensation for monetary damages would not be sufficient. Therefore, in this case, Spanish To Move® shall be entitled, in addition to other remedies available under the law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this section or elsewhere in these Terms of Service shall be construed to limit the resources available in accordance with statutory or other claims that Spanish To Move® may have under separate legal authority. You understand and agree that the cancellation of your Spanish To Move® Account is your sole right and solution respect to any dispute with Spanish To Move®.
You agree to defend, indemnify and hold harmless Spanish To Move® regarding any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs and other expenses (including reasonable attorneys' fees) arising out of or in connection with, the use by you of the Service, or any breach by you of these Terms of Service, and agree to reimburse Spanish To Move®, upon request, any loss, cost or expense incurred because of it.
The duration of these Terms of Service will remain in effect as described herein until the Service has been terminated. These Terms of Service and the rights that you have to access, download and use the Service are subject to immediate termination without notice, (a) if you breach (or Spanish To Move® reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon termination by Spanish To Move® of the diffusion or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur after notification of any such breach. Upon termination, you must stop using the service altogether. If Spanish To Move® terminate these Terms of Service, or suspend your Spanish To Move® Account for any of the reasons stated in these Terms of Service, Spanish To Move® shall have no obligation or liability to you and will not refund any amounts that you have paid before.
Limitation of Liability
You agree that you are solely responsible for the use made of the Service. The Service is provided as is and Spanish To Move® does not give any guarantee. You will not make Spanish To Move® responsible for any damages arising from your access to the Service (including any software or systems you use to access), including, and without limitation, damage to any computer, software or systems or portable devices that you use to access it. There is no guarantee that the operation of the Service will be uninterrupted or error free. No information or oral or written advice provided by any person shall constitute any warranty in relation to Spanish To Move®.
Spanish To Move® does not guarantee that the Service is compatible with any PC, DVD or CD or DVD, or portable devices. You are solely responsible for ensuring that your devices and systems work properly with the Service; and unless Spanish To Move® tells you otherwise, the use of mobile applications is limited to the corresponding device and/or appropriate operating system to access the mobile application. Spanish To Move® accepts no liability for unavailability of the application or any difficulty or inability to download or access mobile content or other communication system failure that may result in the mobile application’s unavailability.
The Service may contain views, comments, statements and opinions of the authors which cannot be attributed to Spanish To Move®, so Spanish To Move® does not endorse the accuracy or reliability of any views, comments, statement or opinion provided by the authors. Spanish To Move® shall not be liable for any inaccuracy, error, omission, interruption, infringement of any intellectual property, completeness, deletion, defect, malfunction or failure of communication lines, alteration or use of the author's works, regardless of cause, or for any damages resulting therein. It is also not responsible for any damage or virus that damages the computer or device, resulting from the access to the Service or the use of the material.
In case of any dispute which might arise for the interpretation or enforcement of the Terms of Service, the parties agree to submit to the applicable legal provisions in force in Mexico City, Federal District, and to the jurisdiction of such courts and expressly disclaim any other jurisdiction that may apply by reason of their present or future residence, or any other cause. You further agree not to raise a dispute in relation to this, and hereby waive any other jurisdiction.
Entire Agreement and Severability
Paragraphs of these Terms of Service in which reference is made to indemnification, limitation of liability, jurisdiction, charges and billing, and rights of Spanish To Move® on materials you post, resources and resignations shall survive its termination.
If you have questions or comments about these Terms of Service, please send an email to firstname.lastname@example.org or send your question via the contact form in our website.
Spanish To Move® reserves all rights not expressly granted herein.
Last modified: 01/03/2017