Terms and conditions
Article 1 (General Rules)
- Clasing’s Conditions of Use (onwards, “these Conditions of Use”) stipulate the conditions for using Clasing’s service (onwards, referred to as “the Service”) provided by its own teaching staff (onwards, referred to as “the Company”). Before using the Service, users agree to have accepted these Conditions of Use and any other standard conditions of use, as well as any other membership agreement stipulated by the Company.
Before using the Service, the users have agreed to acknowledge and accept that the aid and guide pages outside of these Conditions of Use are also considered a part of these Conditions of Use.
- By using the Service, the users have agreed to accept the Conditions of Use. Also, the Company may make changes on these Conditions of Use without prior or subsequent notice to the users. Any modification performed on these Conditions of Use is considered applicable from the moment that they are published in the Service. By using the Service after the modifications, the users have agreed to the recent modifications on the conditions of use.
- The company may record and save comments, conversations, questions and information published in the Service in a reasonable way as a requirement for the correct Service control; and, when necessary, the Company may also collect and save images and videos. The company may use this information in a very limited way and only for unavoidable reasons that may arise as part of the Service operation. The users have consented to agree with the Company the storage and use of this information.
These Conditions of Use are applicable to any information related to the Service sent from the Company to the users through Company’s e-mail, application, newsletter, etc.
When separate, agreements are made, unrelated to these Conditions of Use, (onwards, referred to as “Separate Agreements”), that have been stipulated between the Company and the users, the regulations given in those “Separate Agreements” will have a higher priority.
Article 3 (Application when registering for the Service)
- The users may request to register in the Service using an alternative method stipulated by the Company. In addition, when registering in the Service is requested, the users will agree and comply with the following clauses: (1) The users will install the version of Skype recommended by the Company. (2) The users will verify that the environment in which the communication takes place does not affect the use of the Service. (3) Underage users must obtain consent from their legal guardian, such as parents or tutors. (4) The users will use the payment methods stipulated in these Conditions of Use to pay the Service use rates. (5) The people who teach the classes may be part-time or full-time employees of the Company or subcontractor of the Company (onwards, referred to as “the Teachers”). (6) The Skype name (a unique name used by a particular user in Skype) registered by the users will be showed in the booking pages of the Service to teach the lessons. (7) The Company may use e-mail to send notifications, ads, questionnaires and other similar information of the Service to the users.
The registration to use the Service is estimated to be complete once the Company sends the user a confirmation e-mail to this effect.
Once the registration is complete, the users will be able to start using the Service when the day the fees were paid (onwards, referred to as “Start of Use Date”), as stipulated in Article 7, has been verified by the Company or the Company’s system.
Article 4 (Control of Registration Information)
The company may use the registration information from the users with the solely purpose of giving the Service.
In order to give the Service, the Company will supply the following registration information to trusted third parties to operate parts of the Service: (1) Skype identifier (2) Nickname or full name (3) Gender.
Except in the case specified in the previous clause, the Company will not reveal any registration information to third parties without getting prior consent from the user. However, this is not applicable in the following cases: (1) When the disclosure of information is by legal order (2) If the refusal to release information is against public interest and it is difficult to obtain prior consent from the customer. (3) If cooperation with national organizations or local public entities, or their subcontractors is required to comply with the law and contacting the customer to obtain the consent may affect compliance with said law. (4) If it is necessary for the Company to exercised its justified rights.
Article 5 (Changes in the Registration Information)
When the users make changes in their own registration information, those changes are immediately implemented through different methods stipulated by the Company. Furthermore, the Company will not accept responsibility for any damage, etc. suffered by the users due to a delay in making such changes.
Article 6 (Period of Use of the Service)
The period of time for which a user is allowed to use the service (hereinafter referred to as “Period of Use”) is calculated by calendar months (onwards referred to as “Monthly Use”) starting its Start of Use Date (e.g. if the Start of Use Date is January the 1st, then the Period of use is calculated since the first day of each month).
The Period of Use is renewed through the payment of the user fees. Furthermore, the usage fees will be paid in accordance with the methods stipulated in Article 7.
Article 7 (Usage Fees and Payment Method)
The users will make a payment to the Company in exchange of using the Service, in line with the usage fees separately stipulated by the Company. Furthermore, the users will be responsible for any additional tax applied to the usage fees, such as the consumption fee and any other type of fee.
To renew the use of the Service, the users must pay for the usage fees following the Montly Usage. The Service Use Period will be automatically renewed every month based on the same conditions unless the users cancel their membership as stipulated in Article 13. Furthermore, the usage fee for the next Montly Usage will be paid before the end of the Use Period using the payment method stipulated in Clause 2.
The Service usage fees will be monthly paid and based on the Use Period of one month. Furthermore, any usage fees already paid to the Company will not be refunded for any reason. However this is not applicable if the Service is not provided to the user for reasons attributed to the Company, requiring the corresponding refund.
Article 8 (Free Trial Lessons)
From the day the registration to the Service is complete, the users are entitled to participate in a number of free trial lessons stipulated separately by the Company.
If the Company considers that the same person has registered multiple accounts for the sole purpose of receiving free lessons, or has created multiple accounts for any inappropriate use, the Company may refuse to allow such accounts (if multiple accounts are identified as inappropriate, this will be applied to all the accounts) to participate in the free trial lessons.
Article 9 (Lessons)
Unless established otherwise, the length of the lesson will not be modified or interrupted for any reason.
If the user does not respond (including any circumstance that prevents being able to communicate) or within 10 minutes after the beginning of the class, or the Company’s responsible teacher (hereinafter referred to as “Assigned Teacher”), the Company may consider that the user has lost the class and, thus, terminate the class accordingly.
- If the user is suddenly not present during the lesson without previous notice, the Company shall send notices to the user, requests to improve, or other type of notices.
- The Company will not compensate or allow the users to make up missed classes, regardless the reasons.
Article 10 (Forbidden Conduct)
Users must not exhibit any of the behaviours stipulated below while receiving lessons or making any other use of the Service. (1) Have the right to use the Service and pass it on to other people by transfer, use, change of name or offering it as a promise or security. (2) The transfer, loan or any other related conduct corresponding to passwords and any other information to third parties, including allowing third parties to use such information. (3) Violation of the company, professors or any third party, in consideration of their honor, credibility, copyright, patent rights, utility model rights, design rights, trademarks, rights of publicity or privacy. (4) Illegal behaviour or conduct against the public order and moral. (5) Behaviour that harms the Service operation. (6) Use the Service with business or commercial purposes, or to make similar arrangements. (7) Conduct that motivates or promotes illegal behaviour between other Service users and Teachers. (8) Conduct that causes moral or financial harm or any inconvenient to other Service users or Teachers. (9) Exhibit criminal conduct or any other conduct related to criminal behaviour. (10) Harassing conduct such as sexual harassment towards a Teacher or any other inappropriate behaviour that difficults the progress of the class. (11) Participate in classes while intoxicated. (12) Behaviour that can make the teacher uncomfortable such as overexposure of body parts, wearing clothing that exposes certain parts of the body too much, wearing only underwear, etc. (13) Conduct that causes or may cause the disclosure of contents of the class, images, videos or recordings, without obtaining the prior authorization from the company. (14) Conduct research about the confidential information that the company does not disclose as a general rule, such as the teacher’s working conditions, the call center’s location, information about its Internet connection etc. (15) Ask the teachers questions about religion, politics, etc. (16) Try to have personal contact with the teachers, either directly or by proxys, online or offline, including also communications through e-mail. (17) Encourage or facilitate teachers to switch to any competing company. (18) Use of abusive language or showing an aggressive behaviour towards the company or the teachers, or exhibit any other behaviour that prevents the normal operation of the company. (19) Allowing people other than the registered person to use their account. (20) Registration of several accounts. (21) Facilitate that people other than the registered person participate in the classes without obtaining prior permission from the Company. (22) Any other conduct considered as not appropriate by the Company.
The company will decide, as it may deem, if any of the forbidden conducts stipulated in the previous clause have been carried out by an user. Furthermore, the Company has no obligation to provide any explanation regarding the decision made under this clause.
The Company will not accept any responsibility for any harm or inconvenience suffered by a user as a result of the decision taken regarding the previous clause, unless the company is seriously negligent.
The users will be legally responsibles for the damages caused to the Company or any third party as a result of a violation of Article 1, even if said user has already canceled their membership.
Article 11 (Suspension of service, cancellation of registration, service cuts, etc)
- If the Company considers that any of the following clauses are applicable to a user, regardless of the circumstances in which the service is provided, the Company may suspend, interrupt and cancel the user’s membership without prior notification. (1) If the company considers that no improvement in the behaviour of a user is to be expected after a warning or any other similar communication similar to that stipulated in Article 9, clause 3. (2) If a user has carried out any of the forbidden conducts stipulated in Article 11, Clause 1. (3) If a user has violated any rule stipulated in these Terms and Conditions. (4) If, when using the Service, the user has not followed the instructions given by the company or the teacher. (5) Any other reason that makes the company consider that a user has misused the Service.
If the user is suspended due to any of the causes presented in the previous clause, the company will not refund any of the usage fees paid by the user.
If a user is suspended due to any of the causes presented in Clause 1, the company will not accept any responsibility if the aforementioned user suffered any harm or inconvenience due to the suspension.
Article 12 (Membership Cancellation)
- The user may request the cancellation of his or her membership following a process stipulated by the Company. Provided there are no problems with the cancellation, the user will loss the right to use the Service at the end of the month. Likewise, cancellation process will be considered as complete once the Company has verified the request of the user to cancel his or her membership and after sending him or her an email of confirmation of user cancellation.
- Requests of cancellation of membership shall be filed before the first day of the following month. If the request is not send within that period, cancellation will be effective as of the following month and not the current one.
- Once the user has completed his or her cancellation of the membership, he or she will completely loss all the rights regarding the Service, and will also loss the right to present any type of complaint against the Company.
- If the Company or a third party suffer damages caused by the behavior of a user in connection with the Service, said user shall be legally liable for the liquidated damages, even after he or she cancelled his or her membership.
Article 13 (Company Notifications)
The Company will send notifications regarding the service to the email account the users facilitate when registering as Clasing members (hereinafter, named “designated email account”). In addition, the company considers that these notifications have arrived to their recipients once the email is sent.
The Company considers that the users are able to receive emails from the company that are directly sent to their designated email account.
If the users change their email account, they must communicate this change as soon as possible. On the other hand, the company will not accept any responsibility for any harm or inconvenience caused to the users due to the lack of the notification of this change to the company.
Article 14 (Service Interruption / Cancellation)
If the number of available classes is reduced due to one of the reasons stipulated in the previous clause, the Company will notify the users of this situation beforehand through the website or by email. It is considered that the users have previously agreed on this.
The company will not accept any responsibility for damages or inconveniences caused to users or this parties due to the suspension or cancellation of the service without fault attributable to the Company.
Article 15 (Use of Skype and Google)
The service is provided through Skype. It is considered that the users have agreed on the following clauses regarding the use of Skype: (1) The users must comply with all the terms and conditions, as well as the guidelines, stipulated by Skype. (2) Before using the service, the users must download and install Skype, as well as verify its operation. (3) The user will assume full responsibility and cover the costs incurred in downloading, installing, configuring or using Skype. (4) The company does not have any responsibility for any failure regarding the operation of Skype after the start of a class. (5) Users must use Skype’s chat feature to receive documentation from the teachers and open external URLs entirely under their own risk. (6) The Company will have no obligation to respond to question, queries or any other form of communication regarding the services provided by Skype.
Article 16 (User's Responsibility)
The users are entirely responsible for their use of the service, as well as any behaviour exhibited during the use of the service and their results.
The users must assume responsibility and cover the costs for the harm caused to the company, its personnel, the teachers and others or third parties due to the use of the service (including cases where the company, its personnel, the teachers or others or third parties have suffered harm caused due to the compliance of the user with their obligations, stipulated in the terms and conditions).
Article 17 (Copyright and Intellectual Property)
Copyright and property (referred to as “Copyright”) of images, videos, voice recordings, brands, logos, text and any other type of material related to the service belong to the company. The users must not use, copy or take advantage of the Company’s copyright. The user must not print or upload any type of material protected by copyright to magazines, newspapers or other websites, nor distribute it to third parties.
If the user is considered to be breaking the previous clause, the Company may take the actions it deems appropriate (sending a notice, requesting compensation for damages, requesting precautionary measures, etc.) against the user based on Japanese copyright law, copyright law or any other type of law that is included within the rights of the company.
Article 18 (Resignation)
The users agree that the company is not responsible for giving any compensation for damages caused by or caused in relation to the following stipulated situations without being the fault of the company. (1) If the user cannot do a satisfactory use of the service for one of the following reasons:
When the user has not been able to book at the desired time.
When the user has not been able to book the class with the desired teacher.
When the class is forced to terminate due to blackouts, communication failures or any problem that occurs in its workplace.
If there is a non-authorized access to the account or the modification of the messages or user data, or any other type of illegal practice performed by third parties. (2) The educational effectiveness, validity, correctness, authenticity or any other aspect of the classes offered by the service. (3) Safety of software, documents or any other type of component or material used on the service or related to it. (4) If the user has not been able to enter the service due to a malfunction, or any problem with Skype or any other service whose supplier is one of our associated companies. (5) Related to article 16, clause 5 of these terms and conditions, if the user has suffered damages in their computer due to a computer virus. All files are opened by the user knowing the risks derived from their actions. (6) If the user has not been able to use the service due to negligence such as the loss of the password. (7) The correctness, timeliness, safety or any other aspect of any link or information that exist in the webpage. (8) The correctness, safety or any other aspect related to any content, including the veracity of that published on the website or that published on third parties’ websites that are related to the service.
Article 19 (Non-guarantee clause)
The user agrees that the company does not offer any guarantee regarding the following clauses: (1) The possibility of booking in the desired time. (2) The possibility of booking the desired teacher. (3) The educational effectiveness, validity, correctness, authenticity or any other aspect of the classes offered by the service. (4) The company’s ability to provide the service, based on the recommended environment of service use. (5) The safety of software, files and any other type of component of material used in the service or related to it. (6) The correctness, timeliness, safety or any other aspect of any link or information that exists on the website. (7) The correctness, safety or any other aspect related to any content, including the veracity of that published on the website or that published on third parties’ websites that are related to the service.
Article 20 (Business transfer)
If the company transfers the service to a third party, the company has the right to transfer the conditions and obligations of the service reflected in these terms and conditions, as well as user data or any other type of information. As users of the service, users declare to know and agree in advance to the transfer of all the rights and conditions reflected in these terms and conditions, as well as the registration user’s data or any other type of information.
Article 21 (Times of service)
- In the service, the times/dates such as the registration date, month start date or promotion duration appear based on the Spanish peninsular time (GMT).
All internal times are calculated based on the company’s local time.
Article 22 (Exclusive Jurisdiction and applicable laws)
These terms and conditions are subject to Spanish law. The company and the users agree in advance that, in case of disputes between the company and the users caused by these terms and conditions, they must be solved under the jurisdiction of the Spanish court, this being the exclusive court of first instance.
Created on: October 29, 2015.
The Customer may exercise his right of withdrawal within fifteen (15) calendar days following the date of purchase of the voucher. The reimbursement request must be made through Customer Service, and this will be executed in full provided that said voucher has not started to be used. The refund will be made through the same payment method the Customer used during the purchase.