Terms of service.

Kids’ Club Spanish School (from hereon “We,” “Us,” “Our”) provides the services described below through its Website located at www.kidsclubspanishschool.com (the “Site”) and through future mobile applications and other related services (together, these services, which include any new features and / or applications, and the Site, the “Service(s)”), under these Terms of Service (which will be amended from time to time). For the purpose of the Terms of Service, “You” or the “Parent” will include a parent or guardian of the “Student” or “Child” who accesses or uses the Services. If You are a parent, guardian, or other person who enables a Child access to the Services, You agree to put Yourself in the place of such Child for the purposes to completely repair, in the case of damages or indemnification of which no claim can go against a Child, due to his or her age. We reserve the right, at Our discretion, to modify the Terms of Service at any time. In doing this, We will communicate these changes through Our Website or any other reasonable means. These changes will come into effect within fourteen (14) days after their posting.  However changes addressing new functions of the Services or changes made for legal reasons will become effective immediately. The continued use by You of Our Services after said changes become effective constitutes Your acceptance of the new Terms of Service.

Additionally, when using specific services, You will be subject to additional terms applicable to said services that may be posted on the Service every once in a while, including, but without limitation, the Privacy Policy located at https://www.kidsclubspanishschool.com/privacy_policies . All these terms are hereby included by reference into these Terms of Service.

This Terms of Service includes an Arbitration Agreement, which will, with limited exception, require You to submit claims You have against Us to binding and final arbitration. Under the Arbitration Agreement, (1) You will only be permitted to pursue claims against Kids’ Club Spanish School individually, not as a plaintiff or Class member in any Class or representative action or proceeding, and (2) You will only be allowed to ask for relief (including monetary, injunctive, and declaratory relief) individually.

Course Service:  Kids’ Club Spanish School connects the Student with independent contractor instructors (the “Teacher”) who will provide live, 1-on-1 instruction Classes, tutoring, and learning services via the Services. Each Session of a Class is 25 minutes long.

Once the Student has entered the online Classroom, the system will start recording the Class automatically for the purpose of teaching quality control and Child safety. By accepting the Privacy Policy and the Terms of use, You expressly agree to the recording of all the online Classes taken by the Student.

If the Student cannot attend a Class at the scheduled time as confirmed and listed in the account, the parent may cancel or reschedule such Class with at least 24 hour notice. If You fail to cancel or reschedule such Session with 24 hour notice, the Student will be deemed as “no-show” for this Class. Each no-show will result in deduction of one Class from the total Classes purchased.

If a Student arrives late to a Class, this Class will still conclude at the previously scheduled ending time, and, neither the Student nor the Parent can request that the ending time of the Class be prolonged as the Teacher will have other Classes to attend immediately after Your scheduled Class. A late arrival Class will be deemed as completed and will be deducted from the number of remaining Classes in Your account.

If You cannot complete a scheduled Class by fault of Kids’ Club Spanish School or the Teacher’s, which reasons include but are not limited to, (i) the Teacher is more than 5 minutes late, (ii) the Teacher cancels the Class or stops teaching prior to the scheduled ending time for any reason; or (iii) Kids’ Club Spanish School’s Website or Services experiences system outages, You may reschedule the Class, and the Class will not be deducted from the number of remaining Classes in Your account. Other than the right to reschedule the same Class as provided herein, You agree that neither Us nor any Teacher will be held responsible and will not liable for: (a) the unavailability of the Class during the scheduled time period; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including but without limitation, any companies or servers hosting the Class, any Internet service providers, any third party platforms, or any internet facilities and networks.

Access and Service Use

Services Description: The Service is designed to provide online Spanish language classes for Children ages 6-13 years old by giving them the chance to practice using the language in a conversational, immersion basis one-on-one with a native speaking Spanish teacher. During the Class with a Teacher, the Teacher and student will hold conversations, and the Teacher will share Kids’ Club Spanish School intellectual property content including photos and text in order to begin discussions. After the Classes the students will receive instructions to do a small project to present to the Teacher in the next Class and also they will receive homework assignments from time to time.

Registration: It is required to register with Kids’ Club Spanish School to access and use the features of the Service. Upon registering, You agree to give current, accurate and complete certain personal information as requested by the Service’s registration form. Registration and personal data for both You and the student are governed by Our Privacy Policy. Minors under 18 years of age may use the Service, with or without registering, but solely with parent or guardian permission

Account, Password and Security: The account holder is responsible for maintaining the confidentiality of their password and other account information, and for all activities that occur in their account. You agree to (a) notify Kids’ Club Spanish School in a timely manner of any unauthorized use or breach of security of Your password or account and (b) ensure that You log out of Your account at the end of each Class after accessing the Service. Kids’ Club Spanish School will not be held accountable liable for any losses or damages which could arise from failure to comply with this Section.

Kids’ Club Spanish School Quality:  Kids’ Club carefully selects its Teachers. Each Teacher participates in Kids’ Club training courses in order to guarantee they are properly trained in Our method of teaching. Their interviews are approved by managers with expertise in the Teacher’s language and in Young learner education. However even after Our thorough selection process, the final selection of the Teachers is Our users responsibility; if, for any reason, You are not satisfied with a Teacher You may either (a) ask for a different Teacher, or (b) delete Your Services account and, if applicable, ask for a refund for the specific Class as per the below terms. Nevertheless, if You are not satisfied with Your Teacher, We ask You to kindly contact us by email with a brief explanation of Your experience so that We can try to remedy Your dissatisfaction in another matter.

Service Modification: Kids’ Club Spanish School holds the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without previous notice. You agree that Kids’ Club Spanish School will not be held liable to You or to any third party for any of these modifications, suspensions or discontinuances of the Service.

General Practices In Regards to Use and Storage: You acknowledge that Kids’ Club Spanish School can set general practices and limits in regards to the use of the Service, including and without limitation the maximum time period that data or other content will be held by the Service and the maximum storage space that will be assigned on Kids’ Club Spanish School’s servers on Your behalf. You agree that Kids’ Club Spanish School holds no responsibility or liability for deleting or not storing any data or other material maintained or uploaded by the Service. You acknowledge that Kids’ Club Spanish School holds the right to delete accounts that are inactive for long periods of time. You further acknowledge that Kids’ Club Spanish School holds the right to modify these general practices and limits at their pleasing, in its sole discretion, with or without notice.

Mobile Services: The Service may include some services available via a mobile device, including (a) uploading of content to the Service using a mobile device, (b) browsing the Service and the Site from a mobile device and (c) accessing of some features through a downloaded application and installing it on a mobile device (to be known as, “Mobile Services”). Accessing the Service through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees will apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. When using the Mobile Services, it is understood that We may communicate with You in regards to Kids’ Club Spanish School and other entities by SMS, MMS, text message or other electronic means to Your mobile device and that information about Your usage of the Mobile Services will be communicated to Us. When changing or deactivating Your mobile telephone number, You agree to promptly update Your Kids’ Club Spanish School account information so that Your messages will not be sent to someone that acquires Your old number.

Conditions of Uses

Recorded Sessions and Feedback: You give us permission to record all or any part of any Class that is scheduled through the Services (including voice chat communications) for quality control and other purposes (“Class Recordings”). You are responsible for the supervision of the Student during all Classes, recorded or not, which includes anything shared by the Student. Your Child should be told to never share any information he or she is uncomfortable sharing. Kids’ Club Spanish School may, but will not be obligated to store Class recordings for more than 7 days. We hold the right to review these Class recordings for Our purposes. Kids’ Club Spanish School reserves the right use parts from Class recordings for Kids’ Club Spanish School Teacher training purposes and quality control. Without Your expressly written permission Kids’ Club Spanish School will not use any Class recording publically in which You or the Student appears.

However anything contrary to the above, Kids’ Club Spanish School owns all content associated with Class recordings (including, but not only, transcripts and recordings) and the comments provided by You to us through the site, the Services or other means, (eg.  user satisfaction surveys or feedback) and that these Terms will be considered an irrevocable function of these Class recordings and feedback, all portions thereof and all intellectual property rights therein to us.

User Conduct:  You are the sole person responsible for codes, videos, images, information, data, text, software, music, sound, photographs, graphics, messages and all other material or content that You upload, publish or display, (from here on out “post”) or content that may be provided during Class recordings, feedbacks, emails or by other means using the Service.  Below are examples of the type of content and/or use that is expressly prohibited by Kids’ Club Spanish School. Kids’ Club Spanish School holds the right to research and take required legal action against anyone who, under Kids’ Club Spanish School discretion, violates this clause, including but not in limitation to, deleting content from the Service, suspending or terminating the account of the violators and turning You over to the law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (a) infringes on any intellectual property or other proprietary rights of any party; (b) it is prohibited to upload under any law or under contractual or fiduciary relationships; (c) contents containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (g) in the sole judgment of Kids’ Club Spanish School, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Kids’ Club Spanish School or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or recruit, solicit, or contact in any form Teachers for the purpose of employment or contracting for a business not affiliated with Us without Our advance written permission.

Equipment: You are solely responsible for the obtaining of and maintenance of equipment needed and ancillary services that may be required to access and use the Services (here on out, “Equipment”) and ensuring that they are compatible with the Services.

Fees: The Service is made available for a fee, and You will be required to select a payment plan and provide Kids’ Club Spanish School the necessary information in regards to Your credit card or other payment methods. By doing this You communicate to Kids’ Club Spanish School that this information is true and that You are the authorized user for this payment method.  It is necessary that You promptly update Your account information with any changes (eg. change in billing address or expiration dates) that may occur. You agree to pay Kids’ Club Spanish School the specified amount in the payment plan according to the terms of this plan and this Terms of Service.  Kids’ Club Spanish School offers a 100% Money Back Guarantee. If there was an issue with any Class, please email us within 7 days of the session, or before the next session at hola@kidsclubspanishschool.com . Credit (as defined below) for the Class will be deposited to Your account. Please let Us know if You prefer to receive a refund instead of a Credit. Please note that if Kids’ Club Spanish School believes that You are abusing, in any way the refund policy in its sole discretion, Kids’ Club Spanish School may suspend or terminate Your account and refuse or restrict any and all current or future use of the Services, without any liability to You.

See the Cancellations, Rescheduling and Refunds section. We reserve the right to change prices or Class lengths. If Kids’ Club Spanish School does change prices or Class lengths, Kids’ Club Spanish School will give appropriate notice of this change, at Kids’ Club Spanish School’s option, at least 15 days before the change goes into effect. Your continued use of the Service after the any change becomes effective constitutes Your agreement to pay the changed amount. Kids’ Club Spanish School may occasionally offer special pricing promotions (discounts) for which the 30-day notice does not apply. You shall be responsible for all taxes associated with the Services.

Amount of refund = the amount paid for the Course -the number of completed Classes as scheduled (including no-shows) × the price per Session at the time of purchase

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk. Recognizing the global nature of the Internet, You agree to comply with all local rules and laws regarding Your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for Your personal use.

Intellectual Property Rights: Kids’ Club Spanish school is the owner of any and all intellectual property rights, including and not limited to copyrights, in the following materials: (1) all the materials prepared by or for Kids’ Club Spanish School for the Classes (including but not limited to workbooks, homework, coursework, Classroom material and relevant training materials); (2) all of the materials generated from the teaching process (including but not limited to any teaching videos and teaching schemes); (3) software, programs and contents displayed, used, or provided on Our Website; and (4) any other materials, content or technologies created by or for Us in connection with providing the Services (the “Company Materials”). Kids’ Club Spanish School hereby grants You and the Child in Your account a limited, non-exclusive, non-transferable license to access and use the Company Materials solely for the purpose of the Child’s personal, non-commercial, educational purposes through the Services, in accordance with this Agreement and any conditions or restrictions associated with particular Classes or Services. All other uses are hereby expressly prohibited unless given expressly written consent by Kids’ Club Spanish School. Without Our consent, You and the Child in Your account shall not, at any time (during the term of and after the termination of the Agreement), (a) use the abovementioned Company Materials for commercial purpose; (b) translate, copy, broadcast, edit, or otherwise reproduce or create derivative works of the abovementioned Company Materials in any way; and (c) disclose, sell, share, license, or otherwise redistribute or transmit the abovementioned Company Materials to any third party.

You agree that Kids’ Club Spanish School is authorized to record the Classes taken by Your Child. We will have full, exclusive and complete intellectual property rights to all of the recorded videos. We agree to strictly keep all of Your personal information confidential. Without Your prior clear written consent in, We shall not make commercial use of any of this information including images of You or Your Child or any information indicating Your or Your Child’s identity. Kids’ Club Spanish School can reasonably make use of Your information including images, name or other personal information without Your prior consent payment to You if: (1) The image right, name right and other civil legal rights of Yours and Your Child’s have been clearly waived; (2) the information is used for the purpose of internal use subject to Your consent to Our Privacy Policy.

 Non-Solicitation:  Teachers and Kids’ Club Spanish School employees are vital human resources to Our existence and development. You understand that it is prohibited to in no way, solicit, request, invite or otherwise cause any Teachers or Kids’ Club Spanish School employees to terminate their contract or employment relationship with Us and/or accept a position for similar function (whether full-time, part-time, or temporary) offered by You or other individuals or organizations unaffiliated with Kids’ Club Spanish School, during the term and within one year after the termination of this Agreement.

Upon an event of any breach of the foregoing non-solicitation obligation by You, You will be liable for penalty to Us in an amount that equals two times the average annual payment earned Our Teachers from Us immediately before the termination of their relationship with Kids’ Club Spanish School.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Kids’ Club Spanish School has no control over such sites and resources and Kids’ Club Spanish School is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Kids’ Club Spanish School will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Service are between You and the third party, and You agree that Kids’ Club Spanish School is not liable for any loss or claim that You may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Kids’ Club Spanish School and its affiliates, employees or collaborators harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Service, any User Content, Your connection to the Service, Your violation of these Terms of Service or Your violation of any rights of another. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIDS’ CLUB SPANISH SCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

KIDS’ CLUB SPANISH SCHOOL MAKES NO GUARANTEE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

KIDS’ CLUB SPANISH SCHOOL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. KIDS’ CLUB SPANISH SCHOOL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIDS’ CLUB SPANISH SCHOOL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. OTHER THAN FOR THE TYPES OF LIABILITY THAT CANNOT BE LIMITED BY LAW, YOU AGREE THAT OUR LIABILITY TO YOU IS LIMITED TO 100% OF ANY AMOUNT YOU HAVE PAID UNDER ITS ACCOUNT WITH UE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUEION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUEION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: The terms in the following subsections (a) through (h) in these Terms of Service is the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between You and Kids’ Club Spanish School, whether relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship between Us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. In addition, this Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Terms of Service, You and Kids’ Club Spanish School are each waiving the right to a trial by jury or to participate in a Class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief:

YOU AND KIDS’ CLUB SPANISH SCHOOL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KIDS’ CLUB SPANISH SCHOOL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Jurisdiction and Dispute Resolution:  Governing Law and Language. The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws and regulations of Spain.

Mandatory Arbitration:  Any dispute or claim arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) Your access to or use of the Services at any time, whether before or after the date You agreed to this Agreement shall be resolved by the parties through amicable negotiation, by e-mailing Kids’ Club Spanish School at hola@kidsclubspanishschool.com first. If the dispute is not able to be resolved through negotiation, the parties agree that the dispute or claim will be settled by arbitration before the Madrid Court of Arbitration, and not in a court of law. The parties hereby consent and submit to the exclusive jurisdiction of such arbitration; (b) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; provide that Kids’ Club Spanish School reserves the right to bring its claims seek injunctive or other relief for Your breaches of Sections 6, 7 and 8 in a court of competent jurisdiction.

The arbitration will be administered by the Madrid Court of Arbitration.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. Unless the parties otherwise agree, the arbitration will be conducted in Madrid, Spain.

The Arbitrator will render an award within a reasonable time frame. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

It will be Your responsibility to pay any Bilbao Court of Arbitration a filing, administrative and arbitrator fees.

You acknowledge and agree that, by agreeing to the Terms, You are waiving the right to a trial by jury or to participate as a plaintiff or Class member in any purported Class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a Class, collective, consolidated, or representative proceeding.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability:  If a court decides that any term or provision of this Arbitration Agreement other than subsection (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of subsection (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Termination: You agree that Kids’ Club Spanish School, in its sole discretion, may suspend or terminate Your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if We believe that You have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Kids’ Club Spanish School may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of Your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Kids’ Club Spanish School may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that Kids’ Club Spanish School will not be liable to You or any third party for any termination of Your access to the Service.

User Disputes

You agree that You are solely responsible for Your interactions with any other user in connection with the Service and Kids’ Club Spanish School will have no liability or responsibility with respect thereto.  Kids’ Club Spanish School reserves the right, but has no obligation, to become involved in any way with disputes between You and any other user of the Service.

Changes to Kids Club Spanish School’s Privacy Policy: We may change from time to time the Services and Our business and as a result, at times it may be necessary for Kids’ Club Spanish School to make changes to this Privacy Policy. Kids’ Club Spanish School reserves the right to update or modify this Privacy Policy at any time when needed without prior notice. Please review this policy periodically, and especially before You provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate Your agreement with the terms of such revised Privacy Policy.

Your Privacy: At Kids’ Club Spanish School, We highly respect the privacy of Our users. For details please see Our Privacy Policy. By using the Service, You consent to Our collection and use of personal data as outlined therein.

Please contact Us at hola@kidsclubspanishschool.com with any questions, concerns or suggestions regarding this Terms of Service agreement or the Service.

Privacy Policy

Kids’ Club Spanish School wants to connect native speaking Spanish Teachers with kids who want to learn Spanish and provide top notch learning material to facilitate the teaching and learning process in a fun and exciting way.  In this privacy policy, we inform You that the information we receive from You, our valued customers and Students, We use to connect You with Teachers and also to improve our Services.

Scope:  Kids’ Club Spanish School highly values the privacy of its customers, You, and your Child and all individuals who use our Service. This policy explains how We collect, use and share information collected from our customers, students and teachers.  A part from this Privacy Policy, your use of our Services is subject also to Our Terms of Service published on our Website.

Information We Collect

  • Information You Provide Us With

Registration Information: When you create your account with Us at Kids’ Club Spanish School, you provide us with your name, email address, and phone number.

Payment Method:  When you add a credit card or payment method to your Kids’ Club Spanish School account a third party that handles payments on Our behalf will receive your card information.

Communications:  If you contact Us directly, we may receive additional information about You.  For example, when you contact our Customer Support Team, we will receive your name, email address,, phone number, the contents of a message or attachments that you may send to us and other information you choose to provide.

Teacher Information:  If you decide to join our Teaching Team, in addition to the basic registration information we will ask you for your date of birth, physical address, Social Security number.  We share this information with partners in order to run background checks etc.

Payment Information:  To make sure our Teachers get paid, we keep information about their bank routing numbers, tax information, and any other payment information provided to Us by them.

(B). Information We Collect When You Use our Platform

Device Information:  Kids’ Club Spanish School receives information from our Service Users’ devices, including IP address, web browser type, mobile operation system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens.  We collect mobile sensor data from Teachers’ devices (such as speed, direction, height, acceleration or deceleration) to analyze user patterns.

Usage Information: To help us understand how your use our platform and to help us improve it, we automatically receive information about your interactions with it, like the pages or other content you view, your actions within any Kids’ Club Spanish School app, and the dates and times of your visits.

User Feedback: At Kids’ Club Spanish School, we want to make sure our customers are enjoying our Services and Students may rate and review their teachers at the end of their Classes.

Information from Cookies and Similar Technologies:  We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through our platform and interact with Our advertisements, to learn what content is popular, and to save your preferences.  If you delete or choose not to accept cookies from Us, You may be missing out on some of our features on our platform.

(C). Information We collect from Third Parties

Third Party Services: If you choose to register with Kids’ Club Spanish School or otherwise link your Kids’ Club Spanish School account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners: We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Background Information on Teachers: Kids’ Club Spanish School may work with third party partners to perform criminal background checks on Teachers, and we receive publically available information from them.

Use:

We use the information we collect from all Users to:

  • Connect Students with Teachers;
  • Provide, improve, expand, and promote our Website and Services;
  • Analyze how the Kids’ Club Spanish School community uses the Kids’ Club Spanish School Platform;
  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
  • Personalize the Kids’ Club Spanish School experience for you;
  • Send you text messages and push notifications;
  • Facilitate transactions and payments;
  • Provide you with customer support;
  • Find and prevent fraud; and
  • Respond to trust and safety issues that may arise.

Additionally, we use the information we collect from Teachers for the following purposes related to driving on the Kids’ Club Spanish School Platform:

  • Sending emails and text messages to Teachers who have started the hiring application process regarding the status of their application;
  • Determining a Teacher’s eligibility to teach for Kids’ Club Spanish School.
  • Notifying Teachers about Class demand, pricing and service updates; and

How We Share the Information We Collect

A. Sharing Between Users

Sharing between Teachers and Students. Teachers and Students that have been matched for a class are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles.

Although we help Teachers and Students connect in the classroom, we do not share your actual phone number or other contact information with other Users.

B. Sharing Between Teachers and Students and Third Parties

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Kids’ Club Spanish School Platform, including all of the things described in Section 3 above.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the public;
  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
  • If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
  • To provide information about the use of the Kids’ Club Spanish School Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of our Platform.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Platform.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile. If would like to terminate your Kids’ Club Spanish School account, please contact us at hola@kidsclubspanishschool.com with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Kids’ Club Spanish School Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the Kids’ Club Spanish School community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. Kids’ Club Spanish School is a Service provided for children.  We will receive the name of your Child, age and a small description of their personality and Spanish level.  This information will be provided to the Teacher in order for them to be prepared for the Class.   If we find out that a child has given us any other personal information, we will take steps to delete that information. If you believe that a child has given us personal information, please contact us at our hola@kidsclubspanishschool.com

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the Kids’ Club Spanish School Website, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Kids’ Club Spanish School Platform, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting hola@kidsclubspanishschool.com.