a. These Terms apply to your use of this Website and to any booking for, or purchase of services you make via the Website.
b. If your access and use is on behalf of, or you book or purchase services on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms
c. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms.
d. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
e. These Terms, and any dispute relating to these Terms, the Products or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Products or the Website.
f. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
g. These Terms set out everything agreed by the parties relating to your use of the Website and the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
2. Intellectual property
a. We (and our licensors) own all proprietary and intellectual property rights in the Products, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel).
b. You must not copy, reproduce, adapt, translate, re-sell reverse-engineer or make derivative works from the whole or any part of the services, written material provided; or the Website or the Underlying Systems.
3. Delivery of classes
a. Viva Spanish Limited provides online classes only. The course material will be sent by email to the student’s registered email address before the first class and once payment is received. We encourage students to register online and let Viva Spanish Know about any change of email address. Additional material may be sent also by email.
b. Some classes may be recorded to be sent to students that cannot attend the class. If for any reason you do not want to be recorded, please let us know before your first class, and we will not do it.
c. If there is any technical problem or a fault in Viva’s Internet connection, the class will resume once the problem is solved or will be rescheduled. If there is any technical problem or poor Internet connection that may affect the delivery of the class on the student’s place, Viva Spanish may send the class content or the class recording, but will not repeat the class.
4. Booking and Payment
a. If you are purchasing services via the Website, you must pay the price for those services stated on the Website and GST included on them.
b. Full payment of each course or classes is required before the starting date of the course or class. Places in each class will be confirmed on a “FIRST PAY-FIRST SERVED” basis.
One-to-one and semi-private classes will be invoiced in groups of four classes. Full payment for each group is required in advance.
Payments must be made by bank transfer to:
VIVA SPANISH LIMITED, BNZ Account # 02-0500-0886450-00
(PLEASE INCLUDE YOUR SURNAME IN “REFERENCE”)
5. Cancellation, Abandonment, Reschedule and Refunds
a. Viva Spanish reserves the right to cancel any course prior to commencement if minimum number of 4 students has not been met or if for any reason a course cannot be delivered as planned. If the number of students is 4 or less Viva Spanish can decide to run the course, cancel it or cover the course content in less time than the 16 hours originally planned.
b. If the course is cancelled by Viva Spanish, any course fees already paid will be refunded in full.
If a student cancels his/her booking, the following fees will apply:
50% of any payment received will be refund providing a written notice by email is given to VIVA SPANISH not less than 15 days before the beginning of the course or class.
If a student withdraws from, or ceases to attend, a course at any time after it has started, the course fee will not be refunded. Under exceptional circumstances and according Viva Spanish’s exclusive criteria, transfers to future terms may be considered.
Missed classes are non refundable. Catch-up classes may be provided at Viva Spanish’s discretion on the following basis:
complementary catch-up class will only be offered if the same course is run at a different day/time.
c. If the catch-up class that cannot be delivered as complementary (as described above), and the student ask for it, it will be invoiced at our “one-to-one” rate and must be paid in advance
d. If for any reason, it is necessary to reschedule a session, you will be contacted as soon as possible to arrange a new date.
e. There is no charge for substitution. If a participant is not able to attend, he/she can be replaced by a relative or friend in the same course at the same time. Please advise us of the new attendees’ details. The new student must agree with these Terms and Conditions.
f. Students may request changing any course once within the first two classes after it has started. The change will be subject to availability in the course you want to swap to and Viva Spanish’s approval. The student agrees to join the new course at the stage it is. There will be an additional charge of $20 for the manual of the new course.
a. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with:
i. any service being unavailable;
ii. the Zoom class being unavailable (in whole or in part) or performing slowly;
iii. any error in, or omission from, any service or any information made available through the Website;
iv. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Products or Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Products or Website protects you from this; and
v. any site linked from the Website.
b. The Website may contain links to third party suppliers who provide products or services that relate to or supplement the Products. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. We may receive an affiliate marketing fee for click-through on these links.
c. Without limiting on the above, you rely on the Products and any other materials available on the Website at your own risk.
a. You are required to provide personal information to us, in order to provide our services to you or to provide you with updates about our Products or our Website. If you choose not to do so then we will be unable to make our courses or information available to you.
b. When you provide personal information to us (including any information provided if you register in a course or class), we will comply with the New Zealand Privacy Act 1993.
d. Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
e. to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
i. in relation to the proposed purchase or acquisition of our business or assets; or
ii. where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
f. Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
g. You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org