TERMS AND CONDITIONS
Last Updated June 10, 2021

Welcome to SpanishwithMary.com. This page explains the terms by which you may use our online services and website. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and to the collection and use of your information as set forth in our Privacy Policy and Cookie Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. If you do not agree to any of these Terms or any future Terms of Use, do not use or access or continue to access the Service.

This Terms and Conditions are made and entered by and between Spanish with Mary (“Company”) and each Student, including his/her legal guardian and/or representatives (collectively, “Customer”) (each a “Party” and collectively referred to as the “Parties”);

1. GENERAL CONDITIONS
• To purchase Spanish with Mary’s classes, the Customer must be over 18 years old, the legal guardian and/or representative of the Student, and must read, comprehend, and accept the terms and conditions set forth herein on behalf of the Student.
• Children 4-6 years old (“mini learners”) are offered classes of 25 minutes. Children 7-10 years old (“young learners”) are offered either 25- or 50-minute classes.
• Class packages are offered as 1 class, 5 classes, or 10 classes.
• Spanish with Mary reserves the right to change prices, class lengths, or packages without prior notice.
• Company makes no warranties with regard to the Student’s performance as a result of the classes provided.
• Company holds the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice.
• A Student of Spanish with Mary must adhere to the code of conduct. Any breach to the Code of Conduct can result in suspension or termination and no refund shall be made.

2. FEES FOR THE USE OF OUR SERVICES
• All classes are paid for in advance, and the Customer will be required to select a payment option from the website.
• All information that the Customer provides in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
• All class packages or individual classes expire six (6) months from the day of purchase.
• Spanish with Mary is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or any other associated fees.
• We reserve the right to change our fees without prior notice.

3. CLASS CANCELLATION, TARDINESS, NO SHOW, AND RESCHEDULING
• All transactions are final. There are no refunds of money, but it is possible to cancel or reschedule a class with at least 24 hours notice by email. If the Customer cancels or reschedules a class with less than 24 hours notice, the Student will be deemed a “no-show” for this class and it will be forfeited.
• In case of no shows and tardiness, the teacher will wait 15 minutes in the virtual classroom.
If the student does not show during that time, the class will end and it will be forfeited.
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. A late arrival class will be deemed as completed and will be forfeited.

4. TEACHER ILLNESS AND CANCELLATIONS
In case of teacher illness or class cancellation, the canceled class will be rescheduled or, if the Customer prefers, a credit will be given for a future class of the same length of time. No monetary refunds will be given.

5. TRIAL LESSON
• Trial classes are designed for one Student only and are 25 minutes in length.
• Trial classes are free, and each Student is allowed one free trial.
• There is no obligation to purchase classes after the trial class.
• It is possible to cancel or reschedule a trial class with a minimum of 24 hours notice by email.
• In case of no shows and tardiness, the teacher will wait 15 minutes in the virtual classroom.
If the potential student does not show during that time, the class will be finished and the potential student won’t have an opportunity to another trial.
If the potential student arrives late to a trial, the trial will still conclude at the previously scheduled ending time.
• Note we do not accommodate requests to review specific materials during a trial class.

6. IT MATTERS
• The Customer agrees that the Customer is responsible for providing the appropriate Internet access, equipment, and software necessary for receiving the class.
• The Student is required to have his/her camera and microphone on during class.
• If the student has any IT issues prior to the class, the Customer must contact Spanish with Mary via email. If IT issues occur during a class, Spanish with Mary will do the best to deliver the class but, if the problem is not solved, the class will be ended. In all scenarios, it will be under the teacher’s discretion to reschedule a portion or all of the class.
• If the problem is on Spanish with Mary’s side and cannot be resolved, the time portion of the class missed will be rescheduled.
• In the event that the class is unavailable due to a publicly reported outage by Zoom of the Zoom platform, the class will be rescheduled.

7. INTELLECTUAL PROPERTY
• The Company possesses the ownership and all intellectual property rights of the following materials: (1) all the materials prepared for Courses and Services (including, but not limited to, courseware, homework, manipulative materials, and relevant training materials); (2) all the materials generated from the course process (including, but not limited to, any Company-made videos, course schemes); The Customer can access and use the Company Materials solely for the purpose of the Student’s personal, non-commercial, educational purposes. Without Company’s consent, the Customer shall not, at any time (during the term of and after the termination of the Agreement), (1) use the abovementioned materials for commercial purpose or for any purpose other than as set forth in this Agreement without Company’s written consent; (2) translate, copy, broadcast, or edit the above-mentioned materials in any way; or (3) disclose, sell, share or otherwise redistribute the above-mentioned materials to any third parties.
• "Spanish with Mary", the Spanish with Mary logos, and any other product or service name or slogan displayed on our Services are copyrights of Spanish with Mary and may not be copied, imitated or used, in whole or in part, without the prior written permission of Spanish with Mary.
• We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

8. JURISDICTION AND DISPUTE RESOLUTION
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Spanish with Mary 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.
The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws and regulations of the Province of Ontario.

9. LEGAL INQUIRIES
All legal inquiries may be directed via mail only to the attention of
J. Richard Forget,
Barrister and Solicitor
40 Gerrard Street, Unit 1010
Toronto, ON M5B 2E8