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Terms of Service of Elayaa.com™

Last updated: January 7, 2023

Elayaa.com pays close attention to the quality of the online Spanish courses and lessons offered to its visitors and users and is committed to continually improving the learning experience of its users.

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We encourage you to read these Terms of Service and make sure that you fully understand and accept them before accessing or using any of our online Spanish courses and any type of online Spanish lessons we offer.

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The law and our own desire to be clear, lead us to explain the workings of our services, products, and business before you purchase an online Spanish course at Elayaa.com

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Elayaa.com DOES NOT HOLD ITSELF OUT AS A POST SECONDARY SCHOOL AND PROVIDES NO EDUCATIONAL STATE CREDITS NOR ANY STATE AUTHORIZED DEGREES OR CERTIFICATES THAT COULD BE USED FOR POST SECONDARY SCHOOL BENEFITS OR ALTERNATIVES OF ANY KIND.

 

Instead, our Online Spanish Courses and Lessons focus on the completeness of the content, the clarity of their teaching, and how the content is explained, to ensure the best learning experience for every student, according to our point of view and teaching style. OUR MAIN GOAL IS TO BRING EVERY ONE OF OUR ONLINE SPANISH STUDENTS FROM "ZERO" TO AN ADVANCED LEVEL, IN THE MOST COMPLETE, CLEAR AND FUNCTIONAL WAY POSSIBLE, at a cost that we consider affordable and at the same time respectful of both the students themselves and the quality of our services.

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In any case, as with any course of study, the results obtained from participating in our online Spanish courses depend entirely on YOUR COMMITMENT, perseverance, and hard work. Our commitment is to provide you with the best possible teaching and resources according to our criteria to help you achieve the best results. At the same time, by purchasing or accessing any of our services, you agree that you are completely responsible for the results obtained and you release Elayaa.com from any liability related to the Spanish courses we offer.

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Questions about Elayaa.com's online Spanish program? Contact us HERE >

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1. Terms and Conditions

By accessing the Elayaa.com websites and any of the services offered by Elayaa.com, you accept all of the Terms and Conditions contained herein, as well as the content of the FAQ sections - to be considered an integral and fundamental part of these Terms and Conditions - of each service offered on our websites (www.elayaa.com, and any other domains or sub-domains relevant to the service you wish to use).

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IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND IN THE FAQ SECTIONS OF EACH SERVICE OFFERED, YOU ARE PROHIBITED FROM AND YOU ARE INFORMED NOT TO USE OR ACCESS THE ELAYAA.COM WEBSITES NOR TO PURCHASE ANY OF THE PRODUCTS, SERVICES, AND COURSES MADE AVAILABLE TO THE PUBLIC BY ELAYAA.COM AND ITS RELATED ENTITIES.

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The following terms apply to your use of the Services offered by Elayaa.com and any Elayaa.com account that you may open or attempt to open:

  1. You must have reached the age of consent for online services in your country to access the services offered by Elayaa.com (if you are under the age of 18, please refer to point 7 of these Terms of Service).

  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted and will be deleted as quickly as possible.

  3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Elayaa.com will not be liable for any loss or damage from your failure to comply with this security obligation.

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You can access all FAQ Sections of this website directly from here:

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2. License of Use

Permission is granted to temporarily download one copy of any downloadable content from Elayaa.com's websites for personal, non-commercial use, and private viewing only. This permission does not convey any right to such downloadable materials, which remain the property of Elayaa.com, and under this permission, you may NOT:

  • modify or copy the materials;

  • commercially use or sell the materials, or make them available to the public (for commercial or non-commercial purposes);

  • remove any copyright, trademark, or any other intellectual property sign;

  • transfer the materials to any person or entity other than you;

This permission shall be deemed terminated if you fail to comply with and/or violate any of the points in this Terms and Conditions statement.

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4. Limitations

In no event shall Elayaa.com be liable for any damages whatsoever (including, without limitation, damages for loss of data or due to interruption or cancellation of services offered) related to the use or inability to use the services and materials offered by Elayaa.com.

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5. Revisions and Errors

The materials and content offered by Elayaa.com may include technical, typographical, or graphical errors. Elayaa.com does not warrant that the content and materials offered on its websites are complete, error-free, or accurate. Elayaa.com may make changes and updates to the materials and content offered through its websites, as well as to this Terms and Conditions statement without any notice to its users or visitors of Elayaa.com's websites.

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It is the responsibility of users to check this section periodically to be up-to-date and able to comply with the terms and conditions listed herein.

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6. Links

Elayaa.com does not control all of the websites that have links to Elayaa.com's websites and is not responsible for the content on those websites. The presence of external links to the websites of Elayaa.com does not imply sponsorship, partnership, or collaboration of any kind between Elayaa.com and said websites. Access to Elayaa.com through links on websites other than Elayaa.com's websites is the sole responsibility of each user.

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7. Users under the age of 18 and School-based users

  • If you are a high school student and are accessing the Elayaa.com websites and any of the services offered by Elayaa.com through an account provided by your school, you may only access the Elayaa.com websites and any of the services offered by Elayaa.com if you are at least 13 years old, and ONLY through the account provided to you by your school.

  • You must be at least 18 years of age to create an account on Elayaa.com and access any of the services offered by Elayaa.com. If you are under the age of 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access the services offered by Elayaa.com that your parent or guardian retain appropriate for you.

  • If you are below the age of consent to use online services in the country where you live, you may not create an Elayaa.com account. If we learn that you have created an account that violates these rules, we will terminate your account, unless you are a School-based User with an account provided to you by your school.

  • In case of purchases related to an account created by a person under the age of 18, under any circumstances, no refunds can be made. So, if you are under the age of 18 and you've created an account and you've made purchases from that account, you cannot request any kind of refund when your account will be terminated.

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8. Free Access to Elayaa.com Online Spanish Courses

You will be able to access for free - through the appropriate links and buttons you will find in the START FOR FREE section - the first content in the Learning Platform, which corresponds to the content in the EXPRESS Total, PREMIUM and PREMIUM +Plus Complete Spanish Courses.

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9. Duration of service

  • Once you are enrolled in an Online Spanish Course (EXPRESS Total, PREMIUM, PREMIUM +Plus) with a Subscription (Annual or Monthly Payment), you can access the Video Lessons and all the activities included in the version of the Learning Platform included with the Online Spanish Course you are enrolled in (Grammar Sheets, Exercises, Tests, Graded Readings, etc.) as long as your Subscription to that course is still active. You can cancel your Subscription whenever you want (cancelling your subscription implies the immediate loss of any and all rights to access and use the services provided by Elayaa.com to which you were subscribed).

  • Once you are enrolled in an Online Spanish Course (EXPRESS Total, PREMIUM, PREMIUM +Plus) with Lifetime Access (One-time Payment or Payment Plan), you can access the Video Lessons and all the activities included in the version of the Learning Platform included with the Online Spanish Course you are enrolled in (Grammar Sheets, Exercises, Tests, Graded Readings, etc.) FOREVER, with a guaranteed access time of at least 2 years from the day of your enrollment. 

  • Once you are enrolled in an Online Spanish Course (FREE Lessons), you can access the Video Lessons and all the activities included in the version of the Learning Platform included with the Online Spanish Course you are enrolled in, plus book the live lessons included with the Online Spanish Course you are enrolled in forever, with a guaranteed access time of at least one month from your enrollment.

  • Once you are enrolled in an Online Spanish Course (PREMIUM or PREMIUM +Plus) with a Subscription, you can book and participate to the BlaBlaCLUB and One-on-One Lessons included in your Online Spanish Course whenever you want as long as your Subscription is active, subject to the availability of the teachers on the Elayaa.com websites.

  • One-on-one lessons included in PREMIUM +Plus (Annual Subscription) are NOT cumulative from one year to the next. Therefore, should you keep your subscription active for more than 12 months, you will have only 20 one-on-one lessons of 60 minutes each available for each 12-month cycle from your membership.

  • Once you are enrolled in an Online Spanish Course (PREMIUM) with Lifetime Access, you can book and participate to the BlaBlaCLUB Spanish Classes included in your Online Spanish Course whenever you want, within a maximum period of 24 months after your enrollment (12 months for enrollments prior to January 1, 2023) and subject to the availability of the teachers on the Elayaa.com websites.

  • Once you are enrolled in an Online Spanish Course (PREMIUM +Plus) with Lifetime Access, you can book and participate to the BlaBlaCLUB Spanish Classes and One-on-One Lessons included in your Online Spanish Course whenever you want, within a maximum period of 24 months after your enrollment (12 months for enrollments prior to September 1, 2022) and subject to the availability of the teachers on the Elayaa.com websites.

  • One-on-One Lessons and BlaBlaCLUB Classes purchased separately (Package Deals or single lessons), outside of what is already included in PREMIUM, and/or PREMIUM +Plus Spanish Courses, can be used within a maximum period of 12 months from the time of purchase, and in any case within the duration of the purchased subscriptions (BlaBlaCLUB).

  • Elayaa.com reserves the right to modify, postpone, anticipate or cancel all or part of the services offered, providing a refund to users as per point 10 below.

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10. Right of Refund

  • By choosing the EXPRESS Total, PREMIUM, or PREMIUM +Plus Online Spanish Course, access to all content on the Online Spanish Platform is guaranteed as per point 9 above. However, you may decide to cancel your access to the content at any time. The cancellation of your access will only be considered effective at the end of the month in which you request the cancellation, and you will no longer be able to access the content (live lessons included) for which you have decided to cancel your access, immediately.

  • The right to cancel your access to our online Spanish courses (of any type) is only possible if requested by e-mail (at: support@elayaa.com).

  • The right to a refund is only possible if requested by email (at: support@elayaa.com) within 7 days from the date of your enrollment in our EXPRESS Total, PREMIUM, or PREMIUM +Plus Online Spanish Course.

  • One-on-One Lessons (considered price in ALL situations USD 30 each) and BlaBlaCLUB (considered price in ALL situations USD 49 per month, with participation in only 1 BlaBlaCLUB class being enough to consider the month complete) already taken in PREMIUM or PREMIUM +Plus Courses are NOT refundable, under any circumstances and for any reason.

  • One-on-One Lessons and BlaBlaCLUB purchased individually (Package Deals, Subscriptions, or Single Lessons), whether already taken or not, are - under any circumstances and for any reason - NOT refundable.

  • To be eligible for a refund, a user who is enrolled or has been enrolled in an EXPRESS Total, PREMIUM, or PREMIUM +Plus Spanish Course will not have to download ANY content - whether or not normally downloadable - from Elayaa.com's Spanish Learning Platform or any website or application-related and/or connected to the service purchased from Elayaa.com.

  • For One-on-One Lessons and BlaBlaCLUB, if a teacher does not show up for your video conference, please email us at support@elayaa.com with your full name, day and time of the missed lesson. We'll verify everything and, in case of an absent teacher, you'll receive a new Access Code to be able to book your One-on-One Lesson or BlaBlaWebinar again, for free.

  • For One-on-One Lessons and BlaBlaCLUB, if - for any reason - you are not present at a previously booked videoconference (included in an Online Spanish Course or purchased outside of the services that include it), the lesson is considered lost (the teacher will wait for you online for up to 15 minutes). Similarly, if - for any reason - you are late to a videoconference, the minutes elapsed between the scheduled start time of the videoconference and the time of your arrival are considered for all intents and purposes LOST.

  • One-on-One Lessons and BlaBlaCLUB lost by you, in whole or in part, are not subject to any type of refund, under any circumstances and for any reason.

  • If you are unable to take advantage of Elayaa.com's paid services, for which you are properly enrolled and have already paid in full, due to Elayaa.com's desire to completely cancel such service, you may request a refund via email (at: support@elayaa.com). This refund will correspond to the amount actually paid by the user for access to the service, divided by 24 and multiplied by the number of months of real impossibility to use the service (within a maximum period of 24 months from his enrollment). This amount shall be deemed to include the amount actually paid by the user for the use of One-on-One Lessons and BlaBlaCLUB still not enjoyed - within an offer or course including these services or purchased separately - within a maximum period of 12 months (PREMIUM) and 24 months (PREMIUM +Plus) from your enrollment (period after which, such One-on-One Lessons and BlaBlaCLUB are NOT refundable).

  • Should Elayaa.com modify its services to offer others of equal or greater educational quality, no refunds will be given.

  • Granting any type of refund (other than a refund due to a teacher being absent from a properly booked One-on-One Lesson or BlaBlaCLUB, or due to Elayaa.com's desire to completely cancel the service), will result in immediate cancellation of your access to the Learning Platform and all services offered by Elayaa.com.

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11. Affiliate Program

  • Each Affiliate (individual or legal entity) is considered as an independent and autonomous business partner, interested in giving visibility to the services offered by Elayaa.com and/or share with others their experience with the services offered by Elayaa.com.

  • The activity of each Affiliate will always be carried out with its own organization and means, without ties of exclusivity, subordination, para-subordination, stable and continuous collaboration, concession, or agency.

  • Elayaa.com Affiliates assume no obligation to promote the services offered by Elayaa.com and expressly acknowledge the occasional nature of the Affiliate Program.

  • Affiliates have no authority to enter into contracts or sales of any kind on behalf of Elayaa.com or to bind Elayaa.com in any other way to any third party.

  • For each customer who has actually subscribed to one of Elayaa.com's complete Spanish courses (specifically and limited to EXPRESS Total, PREMIUM and PREMIUM +Plus, excluding gift mode courses and any other paid courses and/or services available on Elayaa.com's websites) - and has become aware of them through the customized Link associated with the account of a given Affiliate - and has made a purchase on any of Elayaa.com's websites within 90 days from the first click on the link associated with the account of a given Affiliate, said Affiliate will receive a 20% commission calculated on the amount actually invoiced to the customer (excluding tax).

  • Said commission will be paid within 30 days from the last day of the month in which each customer has made one or more purchases by learning about the services offered by Elayaa.com through the Link associated with the Account of a particular Affiliate.

  • Should a customer who has arrived through a link associated with the Account of a particular Affiliate request - for any reason - a refund of the amount actually paid within the time period allowed for refunds by Elayaa.com (see point 10 above), no commission shall be payable, on such amounts, to any Affiliate.

  • Elayaa.com remains always free to carry out - autonomously and without any kind of constraint - activities of promotion of its services and finding its customers. No commission will be due, on these customers, to any Affiliate.

  • It is forbidden for all Affiliates to directly use the distinctive signs of Elayaa.com, to include them in their correspondence, in their business cards, and, more generally, in the documentation and material used - online and offline - in the exercise of their business.

  • Affiliates can request to Elayaa.com - at any time, for any reason, and only via e-mail at: support@elayaa.com - their wish to leave the Affiliate Program. In this case, Elayaa.com will remove said Affiliate from the Affiliate Program within 24 hours of receiving the removal request. All commissions accrued by the Affiliate by the exact time of its removal from the Affiliate Program will be paid to said Affiliate within 30 days from the last day of the month in which commissions were accrued.

  • Elayaa.com reserves the right to remove any Affiliate - for any reason deemed valid by Elayaa.com, without any notice whatsoever and at any time - from the Affiliate Program. All commissions accrued by the Affiliate by the exact time of its removal from the Affiliate Program will be paid to said Affiliate within 30 days of the last day of the month in which commissions were accrued.

  • The Affiliate's status as a member of the Elayaa.com Affiliate Program may never be transferred in whole or in part to a third party.

  • All Affiliates undertake - during and after the period of affiliation with Elayaa.com - to behave in good faith towards Elayaa.com and to refrain from acts and conduct which, directly or indirectly, may prejudice Elayaa.com.

  • All Affiliates, by accepting these Terms and Conditions, agree to release and hold harmless Elayaa.com and its legal representative from any civil liability, including strict liability, arising from participation in the Affiliate Program.

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12. Corporate Training

  • When companies access Elayaa.com's corporate training services (Learning Platform and/or Learn & SPEAK), they can choose between Shared Access and Private Access to training by their staff.

  • Shared Access means that more than one person can access the training using the same account at different times ( to allow more than one person to access the same training at the same time, it is necessary to increase the number of active accounts at the same time). This type of account has a duration of 12 months from the moment of its creation, through an annual renewable payment (not a subscription). At the end of the first 12 months covered by the first annual renewable payment, all accounts created will lose access to the training, unless the company renews access to the training with a new payment BEFORE the end of the 12 months covered by the payment previously made.

  • Private Access means that only one person can access the training - in a personal mode and in NO case and for NO reason transferable - using a single account (to train more than one person, it is necessary to increase the number of active personal and non-transferable accounts). This type of account comes with 12 months of access to training from the moment of its creation, through a single payment.

  • The One-on-One Spanish lessons available to companies work on a Shared Access basis, i.e. when a company purchases a package of lessons, it can distribute these individual lessons among its own staff as it prefers, giving each person of its own choice a number of lessons (included in the package of lessons previously purchased) at its own discretion, with 24 months to book all lessons included in each single package of lessons (from the moment of the purchase of each single package of lessons).

  • The right of refund for companies accessing Elayaa.com corporate training services is the same as it applies for private customers of Elayaa.com, as in the preceding point 10, applied to the services offered for companies (Learning Platform, Learn & SPEAK, and 1:1 Lessons).

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13. Reviews and Testimonials

  • All Elayaa.com students releasing a Review or Testimonial, irrevocably consent to the use, publication, distribution, broadcasting, reproduction, editing, recording, posting, copyrighting, licensing, digitalization, and/or re-release of the Released Review or Testimonial, as defined below, by Elayaa.com for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.

  • All Elayaa.com students releasing a Review or Testimonial agree to not sue Elayaa.com nor its legal representative, nor bring any action against them regarding the Release Review or Testimonial.

  • All Elayaa.com students releasing a Review or Testimonial release Elayaa.com and its legal representative from any and all claims and demands arising out of or in connection with any use of the Released Review or Testimonial, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights.

  • All Elayaa.com students releasing a Review or Testimonial claim no ownership of the Released Review or Testimonial and forego any opportunity, whether past or present, to copyright or trademark the Released Testimonial.

  • All Elayaa.com students releasing a Review or Testimonial give consent to Elayaa.com to the use of the Released Review or Testimonial, while knowing and understanding that the student’s name, comments, picture or video, and other identifying factors may be revealed to the general public.

  • Elayaa.com - as well as any employees, associates, representatives, or agents - will not make known to any party in any medium the student’s known or previously known location, email, physical address, phone number, or any other contact details.

  • All Elayaa.com students releasing a Review or Testimonial represent and warrant to Elayaa.com as well as any employees, affiliates, associates, representatives, or agents that they have the power and authority to authorize the Released Review or Testimonial and that the Released Review or Testimonial will not violate the intellectual property rights of any third party.

  • All Elayaa.com students releasing a Review or Testimonial indemnify and hold Elayaa.com as well as any employees, associates, representatives, or agents harmless from any damage or cost, which may include reasonable attorney’s fees, arising from or in connection with the use of the Released Review or Testimonial.

  • All Elayaa.com students releasing a Review or Testimonial declares that they are over 18 years of age and have full legal rights and authority to consent to these terms.

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14. Privacy

By choosing to access and/or activate any of the services offered for free and/or for a fee by Elayaa.com, and/or by activating our Affiliate Program and then participating in it in any way, or by releasing a Review or Testimonial, you fully accept all of the points written here and also our Privacy and Cookies Policy.

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15. Jurisdiction

In the event of any dispute, the governing law of Elayaa.com's jurisdiction will govern.

 

These terms and conditions are necessary to provide you with a better service!

 

Thank you for choosing Elayaa.com

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