1. GENERAL INFORMATION AND IDENTIFICATION OF THE PROVIDER
In compliance with the duty of information set out in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), it is hereby stated that the owner of the website and provider of the service is:
Company name: YAE PALOMARES, S.L.
Trade name: YouAndEnglish
Tax ID (NIF/CIF): B-44809432
Registered address: Calle Emilio Ortuño No. 36, 3rd Floor A, Staircase B, 28038 Madrid (Spain)
Email: juan@youandenglish.com
Website: www.youandenglish.com
These terms may refer to the provider interchangeably as "YouAndEnglish", "the Academy", or "the Provider".
2. PURPOSE AND SCOPE OF APPLICATION
These General Terms of Contracting and Use (hereinafter, the "Terms") govern the contracting and provision of the language training services delivered by the Academy over the Internet, as well as the use of the website and the platform or virtual classroom (hereinafter, the "Platform").
These Terms are aimed at natural persons acting for purposes unrelated to their commercial, business, trade, or professional activity, that is, consumers and users within the meaning of Article 3 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users (hereinafter, "TRLGDCU"). Contracting by companies or professionals, as well as subsidized training through FUNDAE, is governed by its specific conditions and not by this document.
3. DEFINITIONS
- User / Student: natural person who accesses the website and/or contracts the Academy's services.
- Voucher or Package: set of classes purchased in advance (prepaid) by the User to be used within the validity period.
- Class: individual (1-to-1) or group training session delivered by videoconference by an Academy tutor.
- Platform / Virtual classroom: digital environment from which the User manages, books, and receives their classes.
- Contract: legal relationship binding the Academy and the User, comprising these Terms and the purchase confirmation.
4. ACCEPTANCE OF THE TERMS
Contracting any service and/or using the website grants the status of User and implies full and unreserved acceptance of each and every one of these Terms in the version published at the time of access or contracting. The User declares that they are of legal age and have sufficient legal capacity to contract, without prejudice to the provisions of clause 6 for minors.
Before completing the contracting process, the User must check the box accepting these Terms and the Privacy Policy. If the User does not agree with them, they must refrain from contracting and using the service.
5. REGISTRATION AND USER ACCOUNT
To access the Platform, the User must create an account by providing truthful, accurate, complete, and up-to-date information, and undertakes to keep it updated. The User is solely responsible for the safekeeping and confidentiality of their access credentials and for all activity carried out through their account, and must immediately notify the Academy of any unauthorized use.
The account and the contracted services are personal and non-transferable. The User may not assign, resell, or share their account, and the classes within the same Voucher or Package may not be shared or split among several people.
6. MINORS
The contracting of services by minors requires, in all cases, the consent and contracting by their parent or legal guardian, who assumes the status of Contract holder, party responsible for payment, and party responsible for compliance with these Terms.
When contracting for the benefit of a minor, the contracting adult declares that they hold legal representation of the minor and authorizes their participation in the classes. The processing of minors' data will be carried out in accordance with the provisions of the Privacy Policy and Article 7 of Organic Law 3/2018 (LOPDGDD).
7. DESCRIPTION AND SERVICE MODALITIES
The Academy provides language training services through live videoconference classes, in individual (1-to-1) and/or group modality, delivered by native or bilingual tutors. Classes are purchased through prepaid Vouchers or Packages, which the User uses by booking sessions through the Platform according to the availability of tutors and schedules.
The delivery time slot generally runs from 05:00 until the last class start time at 00:00 (Spanish peninsular time), subject to availability. The Academy may modify its offering of schedules, tutors, levels, and materials in order to improve the quality of the service.
8. ELECTRONIC CONTRACTING PROCESS
In accordance with Article 27 of the LSSICE, the contracting procedure is carried out in the following stages: (i) selection of the Voucher or Package and, where applicable, the modality; (ii) identification or registration of the User; (iii) review of the order and the total amount, including taxes where applicable; (iv) express acceptance of these Terms and the Privacy Policy; (v) payment; and (vi) purchase confirmation.
Once payment is completed, the Academy will send the User a proof of contracting by email. The contractual document will be electronically archived by the Academy and the User may request a copy at any time. Contracting may be formalized in Spanish.
9. PRICES, TAXES, AND PAYMENT METHOD
The applicable prices will be those in force and published on the website or communicated to the User at the time of contracting. The Academy reserves the right to modify its prices at any time; however, modifications will not affect Vouchers or Packages already purchased and paid for.
Vouchers and Packages are paid in full in advance (prepaid) through the payment methods enabled on the Platform. The provision of the service is conditional upon effective collection of the price.
Prices are net and do not include VAT, as this is a teaching activity exempt under Article 20.One.9 of Law 37/1992, of December 28, on Value Added Tax.
10. RIGHT OF WITHDRAWAL AND REFUND POLICY
10.1. General rule
As a general rule, and except as provided in the following clauses by legal mandate, the amounts paid for Vouchers and Packages are non-refundable, given their nature as a prepaid service consumed progressively. In particular, voluntary abandonment, non-use, or partial consumption of the classes for reasons unrelated to the Academy will not give rise to a refund.
10.2. Legal right of withdrawal (14 days)
As a consumer, the User has a period of fourteen (14) calendar days to withdraw from the Contract without the need for justification, in accordance with Articles 102 et seq. of the TRLGDCU. The period is counted from the day the Contract is concluded (purchase confirmation).
To exercise the withdrawal, the User must communicate it unequivocally within the period, by notification to the email address indicated in clause 1 or using the model form set out in Annex I. The burden of proof of exercising the withdrawal lies with the User.
10.3. Early start of the service and its effects
If the User wishes to receive classes before the withdrawal period ends, they expressly request the Academy to start the provision during said period and acknowledge that they will lose the right of withdrawal once the service has been fully performed (art. 103.a TRLGDCU).
In the event of withdrawal after having requested the early start, the User will pay an amount proportional to the classes and services actually provided up to the communication of the withdrawal (art. 108.3 TRLGDCU). To this end, the refund will be calculated by deducting from the amount paid the value of the classes already taken or consumed —at the current single-class unit price— as well as the services already provided. When the Voucher has been fully performed, no refund will apply.
The Academy will refund the corresponding amount using the same payment method used in the purchase, without undue delay.
10.4. Exceptions
Withdrawal will not apply to services already fully performed or to those cases legally excepted. Discounts, promotions, and complimentary classes associated with a Voucher will be forfeited in the event of withdrawal or early termination.
11. VALIDITY AND EXPIRY OF VOUCHERS
Vouchers and Packages have a validity period of three (3) months from the date of purchase. Classes must be used within said period; once elapsed, unused classes will expire without the right to a refund. This validity period is clearly communicated to the User prior to contracting.
Likewise, Student inactivity for a period equal to or greater than three (3) months may result in the suspension or cancellation of pending classes. The Academy will notify the User with reasonable advance notice before proceeding with cancellation, and may offer reactivation alternatives.
12. BOOKING, CANCELLATION, AND RESCHEDULING OF CLASSES
- The Student may cancel or postpone a class from their virtual classroom, by mutual agreement with the tutor, with a minimum of 24 hours' notice before the start of the class.
- If the Student does not give notice within said period and does not attend, the full cost of the class will be charged (deducted from the Voucher).
- The Student will be considered absent when, 5 minutes after the scheduled start, they have not joined the class, and the session will be charged.
- If the tutor is unable to attend without prior notice for any circumstance (illness, connection failure, etc.), a courtesy margin of 5 minutes will apply; if they do not join, the class will not be charged to the Student and will be rescheduled.
- When, due to technical or organizational reasons, more than 15 minutes of class cannot be successfully delivered and the tutor so deems, the class will not be valid and will not be charged to the Student.
- The Student may modify their schedule, according to tutor availability, in order to optimize the use of the classes.
13. CHANGE OF TUTOR
The Student may request a change of tutor from the Academy, which will address the request according to the availability of tutors and schedules. The Academy will endeavor to assign a tutor suited to the Student's level and objectives.
14. USER OBLIGATIONS AND CONDUCT
The User undertakes to use the website, the Platform, and the services in accordance with the law, good faith, and public order, and in particular to:
- Not use the services for unlawful purposes or effects, harmful to the rights or interests of third parties, or that may damage, disable, or impair the Platform or prevent its normal use by other users.
- Not introduce viruses, malicious code, or any device that may alter the systems of the Academy or third parties.
- Not record, reproduce, distribute, or disseminate the classes, the materials, or the image of the tutors or other students without the express written authorization of the Academy.
- Maintain respectful conduct towards tutors and other students, refraining from offensive, discriminatory, or inappropriate behavior.
- Not share, resell, or assign their account or the contracted classes.
15. AVAILABILITY, TECHNICAL REQUIREMENTS, AND MAINTENANCE
The service is provided over the Internet, so the User must have an adequate connection and equipment. The Academy will adopt reasonable measures to ensure the availability of the Platform, although it cannot guarantee the total absence of interruptions or errors beyond its control. The Academy may temporarily suspend the service for maintenance, improvement, or repair tasks, endeavoring to minimize inconvenience and to reschedule, where applicable, the affected classes.
16. SUSPENSION AND TERMINATION FOR BREACH
The Academy may suspend or cancel the User's access, without the right to a refund, in the event of a serious breach of these Terms, fraudulent use of the service, non-payment, or abusive conduct towards tutors or students. Where proportionate, the Academy will first require the User to remedy the breach.
17. INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents of the website and the Platform (programming, design, texts, logos, trademarks, graphics, teaching materials, and methodology) are owned by the Academy or by third parties who have authorized their use, and are protected by intellectual and industrial property regulations. Contracting the service grants the User a personal, limited, revocable, and non-exclusive license to use the materials provided, exclusively for their training and for the duration of the service.
The reproduction, distribution, public communication, transformation, or total or partial exploitation of said contents without the prior written authorization of the Academy is prohibited. Infringement of these rights may give rise to the liabilities set out in Articles 270 et seq. of the Spanish Criminal Code.
18. DATA PROTECTION
The processing of the User's personal data is governed by the Academy's Privacy Policy, available on the website, drafted in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD). Acceptance of these Terms implies having read said Policy.
19. MODIFICATION OF THE TERMS
The Academy may modify these Terms for technical, legal, operational, or commercial reasons. The new Terms will be published on the website and will apply to contracts entered into after their entry into force. With respect to services already contracted, modifications that substantially affect the User's rights will be communicated to them, and the User may terminate the Contract with respect to the unperformed portion if they do not accept them.
20. COMMUNICATIONS AND NOTICES
Communications between the parties will preferably be made by email to the addresses provided. The User undertakes to keep their contact address updated. Electronic commercial communications will be sent only in accordance with the LSSICE and the Privacy Policy, and the User may object to them at any time.
21. CUSTOMER SERVICE AND COMPLAINT RESOLUTION
The User may address any query or complaint to the email address info@youandenglish.com. The Academy has official complaint forms available to the consumer. As a consumer, the User may also turn to the competent consumer protection bodies and, where applicable, to the Consumer Arbitration Boards, without prejudice to any legal actions to which they may be entitled.
22. PARTIAL NULLITY
If any clause of these Terms is declared null or unenforceable, such nullity will not affect the remaining provisions, which will remain in force, and the affected clause will be interpreted or replaced in the manner closest to the will of the parties within the legal framework.
23. APPLICABLE LAW AND JURISDICTION
These Terms are governed by Spanish legislation. For the resolution of disputes, and in the case of a consumer, the competent court or tribunal will be the one corresponding under consumer protection regulations, which is generally that of the consumer's place of residence.
ANNEX I — MODEL WITHDRAWAL FORM
(Complete and submit this form only if you wish to withdraw from the contract)
To the attention of YAE PALOMARES, S.L. (YouAndEnglish), Calle Emilio Ortuño No. 36, 3rd Floor A, Staircase B, 28038 Madrid (Spain), email juan@youandenglish.com:
I hereby give notice that I withdraw from my contract for the provision of the following training service:
— Service / Voucher contracted: ____________________________________________
— Ordered on / received on: ______________________________________________
— Consumer's name: _______________________________________________________
— Consumer's address: ____________________________________________________
— Email: _________________________________________________________________
— Date: __________________________________________________________________
— Consumer's signature (only if submitted on paper): ______________________
YouAndEnglish
