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Updated on January 29th, 2024

 

Terms and Conditions

 

This document impacts your rights and obligations, so please read it carefully.

The use of the service made available to Internet users by SOLUCIONES TECNOLOGICAS EDUCATIVAS, S.L. (hereinafter, "HOLA KOALA") through the website www.holakoala.com (the "Web Site") is governed by these Terms and Conditions of Use (hereinafter, the "Terms and Conditions of Services").

 

SOLUCIONES TECNOLOGICAS EDUCATIVAS, S.L., has its registered office at C/ Francisco Gasco Santillan, 2B, C.P. 28906 Getafe (Madrid, España), has tax identification number as B87657227 and is registered in the Trade Register of Madrid, Volumn: 35207 Folio: 36 Page: M-633100 Inscription 1.

 

The simple act of accessing the Web Site constitutes the condition of the Web Site User (hereinafter the "User"), and it implies full and unconditional acceptance of all the terms and conditions contained in the Terms and Conditions of Use in the version published by HOLA KOALA at the time of access.  Because of this, the User should carefully read the Conditions of Service each time he or she uses the Web Site because they are subject to change.

 

Through the Web Site, upcoming mobile applications, and other associated services, HOLA KOALA continues to provide the services described.

 

The right to change these terms of use is reserved by HOLA KOALA. When we make these changes, we'll let you know via our website or another appropriate channel. Within 14 days of their publication, these modifications will take effect.  The changes made to cover the new Services' features or those brought about by legal requirements, however, will take effect right away. Your acceptance of the modified Conditions is indicated by your continued use of the Services following the effective date of those adjustments.

 

In addition to these Conditions of Use, our Privacy Policy, which is available at https://www.holakoala.com/privacy-policy, has additional guidelines.

 

Under Age Minors

Underage individuals must have parental or guardian consent in order to use the Services; these individuals will be held legally liable for all activities taken by the minors in their care.  The parents or legal guardians are solely responsible for choosing the precise content and Services that these minors can access.  Because it is possible to access content on the Internet that is inappropriate for minors, users are informed that there are mechanisms in place, including filtering and blocking software, that allow you to restrict the content that is available. Although these tools are not perfect, they are particularly helpful for limiting and controlling the content that minors can access.

 

For the purposes of these Terms of Service, "the User" or the "Father, Mother, or Legal Guardian" understands that their acceptance and compliance with said terms imply the legal representation of the legal identity of the "Student" or "Son/Daughter" who accesses and uses the Services, and they agree to stand in for said minor for the purposes of full repair, in the event of damages and compensation which cannot be claimed from the minor.

 

User Registry

The completion of the relevant User Registry, which is made available to individuals who wish to register at URL https://holakoala.com/register/, is typically a prerequisite for the use of the given services.

 

The user agrees, upon registration, to provide certain accurate, complete, and current personal information as prompted by the Service registry form.  Our Privacy Policy governs registration and the personal information of the User and the Student.

 

Truthfulness of Information

The User is required to be truthful with any information provided through the Services.  As a result of filling out the relevant forms for the subscription to the Services, the User warrants the accuracy of all the information that is communicated for these reasons.  It will also be the Users' obligation to keep all the information they supply to HOLA KOALA accurate and up to date so that it always reflects their actual current position.  Any misleading or inaccurate claims made and any harm they bring to HOLA KOALA or to third parties as a result of the information made available shall, in any case, only be the User's responsibility.

 

Description of the Services

Through the use of this website, HOLA KOALA provides children ages 5 to 13 with access to a technological platform that enables them to take online Spanish language classes while conversing one-on-one with Spanish teachers who are native speakers of the target language. The Teacher and student will converse during the Class with a Teacher, and the Teacher will exchange Hola Koala intellectual property content, including pictures and text, to start discussions. The students will be given homework assignments from time to time in addition to directions to complete a little project to present to the teacher after each class.

 

The length of each class period is 25 minutes.  The system will begin automatically recording the class as soon as the student enters the online classroom. This is done for service quality control, to ensure the student's safety, to use the recordings as examples and data for our machine learning technology, and to use and develop artificial intelligence features like an in-class virtual assistant or a matchmaker.

 

The User (including the legal guardian, mother, or father) expressly acknowledges the recording of all of the student's online classes upon accepting the Privacy Policy and these General Conditions of Use.

 

Cancellations and rescheduling: The parent may cancel or reschedule a class with at least 24 hours' notice if the student is unable to show up at the confirmed start time as specified in the account. The Student will be regarded as a "no-show" for this Class if You don't cancel or reschedule such Session with 24 hours' notice. One class credit will be subtracted from the total number of classes purchased for each no-show.

 

The Teacher will have other Classes to attend right after Your planned Class, therefore even if a Student is late, the Class will still end at the previously arranged ending time. Neither the Student nor the Parent may ask for the Class's ending time to be extended. A class with a late arrival will be counted as completed, and the number of remaining classes in your account will be reduced.

 

Account, Password and Security: The account holder is accountable for any activities that take place in their account or during their User session, as well as for keeping their password (login) and any other account information secure. The User is responsible for promptly notifying HOLA KOALA of any unauthorized use or other breach of security of Your password or account and for making sure that the account is logged off at the conclusion of each user session and after using the Service. If this Section is not followed, HOLA KOALA shall not be liable for any losses or damages that may result.

 

Hola Koala Quality:  Teachers are carefully chosen by HOLA KOALA. To ensure that they are fully taught in Our technique of teaching, every Teacher takes part in HOLA KOALA training sessions. Managers with knowledge of the teacher's language and young learner education approve their interviews. 

However, even after our careful selection process, it is ultimately up to our users to choose the Teachers. If, for any reason, you are unhappy with a Teacher, you have two options: (a) request a different Teacher, or (b) delete your Services account and, if appropriate, request a refund for the particular Class in accordance with the terms below. However, if You are not pleased with Your Teacher, We kindly request that You email us and provide a brief account of Your experience so that We may attempt to address Your complaint in another way.

 

Mobile Services: The Service might include some mobile-friendly features, such as the ability to (a) browse the Service and the Site from a mobile device, (b) upload content to the Service using a mobile device, and (c) access some features by downloading an app and installing it on a mobile device (hereinafter, "Mobile Services"). The regular fees, data rates, and other costs imposed by Your wireless service provider will be applicable while using a mobile device to use the Service. 

 

Furthermore, Your carrier might forbid or restrict you from downloading, installing, or using a specific Mobile Service, and not all Mobile Services might be compatible with all carriers or devices. It is agreed upon while using the Mobile Services that We may contact You regarding HOLA KOALA and other entities via SMS, MMS, text message, or other electronic means to Your mobile device and that We may receive information regarding Your use of the Mobile Services. You promise to promptly update your HOLA KOALA account information when changing or deactivating your mobile phone number so that communications are not delivered to anyone who obtains your old number.

 

Recorded Sessions and Feedback: By agreeing to these General User Conditions, you expressly, voluntarily, and in good faith authorize the recording, reproduction, and broadcasting of your image or the image of any Student in your care who participates in any way in the scheduled classes using the Services (including voice chat communications), for the purposes of monitoring and enhancing the general quality control of the Services, enhancing the teaching method, and ensuring the student's safety.

 

Authorizing the use of image rights that are protected by the organic law 1/1982, of May 5th, about the Civil Protection of the Right to Honor, Personal and Family Intimacy, and One's Own Image to which You or the Student Have a Right for the Development of Educational Content, Descriptive, Internal Training Used to Train Teachers and to Improve the Teaching Method to Feed Our Maternity This authority to use these rights will be granted for an indefinite period of time; however, it may be cancelled at any time.

 

You alone are in charge of keeping an eye on the Student throughout all of the classes, and this includes any actions, attitudes, opinions, or other conduct that the Student exhibits or upholds during those lessons.

 

Your youngster needs to be made aware that they should never divulge any information via the Service that they wouldn't divulge to their immediate relatives. HOLA KOALA may, but is not required to, keep class recordings for longer than 15 days. We reserve the right to review class recordings for quality control, teacher training, teaching method improvement, and the development of Artificial Intelligence features that will enhance our services. HOLA KOALA will not use any public class recordings in which you or the student appear without your prior written consent.

 

Equipment:  Given the characteristics of the services offered over the Internet, it is understood that the User is responsible for purchasing, maintaining, and ensuring the compatibility of the tools and services required to access and utilize the services.

 

Fees and refunds: The Service is made available upon the prior payment of the official fees, which include any applicable taxes and are always stated on the Web Site. You'll have to choose a payment schedule and give HOLA KOALA the relevant details regarding your credit card or other payment options..

 

By doing this, You confirm to HOLA KOALA that the information provided is accurate and that You are always the registered user of this payment method.  The information that is sent in connection with credit card payments is encrypted and sent through a secure connection to the POS (Point of Sale) of the bank that HOLA KOALA uses. If you choose to pay with a credit card, you will need to provide the following details: your credit card number, expiration date, and a validation code that matches the last three digits of the number displayed in italics on the back of your card.

 

PayPal account payment is accepted. You need to have previously set up a Paypal user account in order to utilize this system. When you select this option, you will be taken to Paypal's website, where the payment will be completed and you will be shown the total amount due, including all relevant taxes and fees for the transaction.    

 

Your account information must be promptly updated with any changes (such as expiration dates or address changes) that may arise.  You agree to pay HOLA KOALA the sum indicated in the payment schedule you choose in accordance with the conditions of this schedule and these general usage guidelines.

 

In the event that the User decides to cancel the Service, the class, or the hired plan and has already made a payment, HOLA KOALA agrees to give the User the option of choosing a 100% refund of the sum obtained by applying the formula below:

 

Amount of refund equals the course fee minus the number of classes that were actually attended (including no-shows) minus the session price at the time of purchase.

Additionally, you can accumulate "credit" in your User account for upcoming purchases.  Fill out the form that appears after each programmed class if there is an issue with any of the classes.  Your account will be credited with the class credit (as described below).  If you would prefer a refund over a credit, just let us know.  Remember that HOLA KOALA reserves the right to suspend or terminate your account and refuse or restrict your current or future use of the Services if, in their sole discretion, they believe that the User is abusing the Refund Policy in any way.

 

HOLA KOALA reserves the right to alter the costs, fees, or duration of classes, just like it does with the other provisions of the General Conditions of Use.  If HOLA KOALA alters its costs, enrollment requirements, or class length, it will notify customers via the website at least 15 days before the alteration takes effect. You agree to pay the changed pricing if you access and/or use the Service after a change takes effect.  On occasion, HOLA KOALA may provide offers and price reductions (discounts) that are not subject to the 15-day notification requirement and go into effect right away.  Any applicable taxes in this scenario will be included in the price of the Service.

 

Use not for profit. The User agrees not to display, distribute, license, realize, publish, reproduce, duplicate, copy, create derivative works from, sell, resell, exploit, transfer, or charge any component of the Service, use of the Service, or access to the Service for commercial reasons unless expressly permitted.  The Service is only to be used for personal purposes.

 

Withdrawal and Suspension of Services

The Service (or any portion of it) may be changed or discontinued, temporarily or permanently, by HOLA KOALA with or without prior notice.  You acknowledge that in the event of any such modifications, suspensions, or interruptions of the Service, HOLA KOALA shall not be liable to you or to any other person.

 

The supply of the Services to Users who violate the General Conditions of the Service may be withdrawn or suspended by HOLA KOALA at any time and without prior notice.

 

The obligation to make correct use of the Web Site and the Services

The User agrees to use the Web Site and the Services in a manner that complies with all applicable laws, the General Conditions of Use of the Service, and any additional notices, rules of use, or instructions that may be provided to you, such as those relating to morality, generally accepted good customs, and public order.

 

Accordingly, the User shall not use any of the Services for any illegal, prohibited by the General Conditions of Services, harmful to the rights and interests of third parties, or in any manner that could harm, disable, overcharge, spoil, or prevent the normal use of the Service, the computer equipment, or the documents, files, and all class materials stored in any computer program or equipment (hacking) of HOLA KOALA, of other Users, or of any Internet User (hardware and software) in any way.

 

In particular, and only as an example and not an exhaustive list, the User agrees to refrain from transmitting, broadcasting, or otherwise making available to third parties any information, data, content, messages, graphics, drawings, sound files, and/or images, photographs, recordings, software, and generally any class material that:

 

  • Violates, denigrates, or otherwise lessens fundamental liberties and rights guaranteed by the constitution, international agreements, and other laws.
  • Induces, incites, or encourages unlawful, immoral, libelous, aggressive, or otherwise illegal behavior, as well as conduct that is contrary to public order, morality, or the law.
  • Causes, encourages, or supports discriminatory behavior on the grounds of sex, race, religion, beliefs, age, or condition.
  • Incorporates, makes accessible, or permits access to things that are illegal, violent, offensive, harmful, demeaning, or generally against morality or public order.
  • Causes or is likely to cause an unacceptably high level of worry or distress
  • Initiates or encourages behavior that could put one's health or mental stability in peril or else be harmful
  • Is untrue, unclear, imprecise, overstated, or manufactured in a way that could mislead others about the object or the communicator's intentions.
  • Is protected by any intellectual property or industrial property rights that belong to a third party, without the user having first received consent from the owner for the intended use.
  • Breach another party's trade secrets
  • Is against the rights to honor, to individual and family privacy, or to one's own personal image.
  • Undermines in any way HOLA KOALA's or third parties' reputations
  • Violate the laws governing communication privacy
  • Which, in general, constitutes unfair competition, illegal, deceptive, or unfair advertising
  • Consists of viruses or other physical components or electronics that could damage or impair the network, systems, or computer equipment (hardware and software) of HOLA KOALA or of third parties, or that could damage electronic documents and files stored in said computer equipment.
  • Issues with the service's regular operation are brought on by its characteristics (such as format, extension, etc.).
  • Contain HTML tags that are not those that HOLA KOALA has specifically approved.

 

Obligation to make correct use of the contents

The User agrees to use the materials made available to users on the website, including tests, photos, graphics, images, icons, technology, software, links, and other audiovisual and sound materials, including their graphic design and source code (hereinafter the "Contents"), in accordance with applicable laws, the terms of service's general agreement, and other notices, rules of use, and instructions made.

 

  • Unless provided permission by the owner of the associated rights or that it is legally permissible, reproduce, copy, distribute, make available, or use in any other way to communicate publicly, transform, or modify the Contents.
  • The "copyright" and other identifying information of reserved rights of HOLA KOALA or their holders, of digital fingerprints or of any other technical methods devised for their recognition, to be deleted, altered, or modified in any way.

 

The User should abstain from obtaining the Contents and even from attempting to do so using methods or techniques other than those that, in the case at hand, have been made available for that purpose or that have been indicated for that purpose in the Web Pages where the Content can be found or, generally, from those that are typically used on the Internet for this purpose, provided that they do not pose a risk of harming or deactivating the Web Site, of the Services.

 

Intellectual Property Rights

All intellectual property rights, including but not limited to copyright, in the following works are owned entirely by HOLA KOALA. (1) All resources created for or by HOLA KOALA, including but not limited to workbooks, assignments, classes, and training materials that are pertinent. (2) all content created throughout the teaching process, such as instructional films and diagrams, among others. (3) any other materials, content, or technology produced by us for the provision of the services (HOLA KOALA's materials), as well as (4) software, programs, and contents exhibited, used, and given on our website.

 

To access and use HOLA KOALA's materials, you and the student are each granted a limited license that is non-exclusive and non-transferable as long as you and the student use the account solely for educational, personal, and non-commercial purposes, and in accordance with these General Use Conditions.  Except with the full written consent of HOLA KOALA, all other uses are strictly forbidden.  

 

You and the Student in your account are prohibited from using the HOLA KOALA materials previously mentioned for commercial gain at any time (during the term of the contract and after); translating, copying, transmitting, editing, reproducing, or creating works derived from the HOLA KOALA material previously mentioned in any way; and disclosing, selling, sharing, licensing, or redistributing transmitted HOLA KOALA material previously mentioned to a third party.

 

All video recordings made during the classes shall be the sole and exclusive property of HOLA KOALA, who will also hold all other intellectual property rights.  In accordance with their privacy policy, HOLA KOALA agrees to keep all of your personal information, including the information about the student in your care, confidential. They also reserve the right to only utilize the recordings for internal business purposes.

 

Exclusion of guarantees and of responsibility

The service is rendered "as is" and "as available" at the time of hiring. HOLA KOALA makes no guarantees regarding the following: (a) the service will meet its requirements; (b) the service will be timely, safe, uninterrupted, or error-free; (c) the results that can be obtained from the use of the service will be accurate and reliable; or (d) the actual use and effectiveness of the classes and the level of language proficiency will comply with any rule or standard of quality other than HOLA KOALA, being in any case, the own ability of the student to use the material.

 

The accessibility and continuing operation of the Web Site and the Services are not guaranteed by HOLA KOALA. HOLA KOALA will give advance warning of any disruptions to the operation of the Web Site and the Services whenever it is reasonable to do so.  In addition, although not exclusively, HOLA KOALA does not guarantee that Users will be able to use the Web Site and the Services, access the various Web Pages that are a part of the Web Site, or those from those who provide the Services, or that such use will result in the successful completion of any activity.

 

To the fullest extent permitted by law, HOLA KOALA disclaims all responsibility for any damages or losses resulting from the Web Site's or the Services' unavailability, discontinuity of operation, or deception of the users as to the usefulness of the Web Site and the Services, as well as from the Web Site and the Services' limitations, including but not limited to the inability to access the various Web Pages of the Web Site or those from third-party websites..

 

In addition to not controlling or guaranteeing the absence of viruses, HOLA KOALA makes no representations or warranties for any other features of the services made available by third parties through the website that could affect the computer system (software and hardware), electronic documentation, or files stored in their computer system.

 

In the event that a virus or other harmful component is present in the Services made available by third parties through the Web Site and causes alterations to the computer system, electronic documents, or User files, HOLA KOALA is released from all liability.

 

The exclusions and restrictions on liability set forth in this section are not intended to change legally permissible consumer rights or to limit liability.  You agree that our liability to you is strictly limited to the amount put into your account with us, with the exception of obligations that cannot be restricted by law.

 

Duration and termination

The duration of the website's service as well as the other services is endless.  The supply of the Service of the Web Site and/or any other Service, however, may be terminated or suspended at any time by HOLA KOALA.  When it is reasonable to do so, HOLA KOALA will give prior notice of any suspension or termination of the Web Site's and other Services' operation.

 

HOLA KOALA reserves the right, in its sole discretion, and without incurring any liability, to suspend or terminate your account or your use of the Service and to remove or delete any content therein, for any reason, including, among others, inactivity or if we believe the User violated or acted inconsistently with the letter and spirit of these General Conditions of Use.

 

Applicable Law and Official Language of these Conditions, Jurisdiction and Resolution of Disputes

These Terms of Use are governed by the laws of Spain pursuant to the provisions of Article 6.4.(a) of the 593/2008, June 17th, 2008 regulation on the applicable law of contractual obligations.

 

Both the Spanish and the English versions of these terms have been redacted, with the Spanish version serving as the official one for the purposes of application and interpretation.

 

Any disagreements or claims that result from or relate to these Conditions, their violation, execution, interpretation, or validity, will be settled amicably by the parties through emailing content and justification to HOLA KOALA at info@holakoala.com.

 

If the dispute cannot be resolved through friendly negotiation, the parties agree to submit to the jurisdiction of the arbitrary courts of the Chamber of Commerce of Bilbao (https://www.camarabilbao.com/ccb/contenidos.downloadatt.action?id=7539749) and not  to a court of law.

 

In the absence of disagreements in accordance with said regulation within the following 60 days since the filing of the claim, or at the end of the deadline that would have been agreed upon in writing by both parts, said disagreements will be definitively resolved in agreement with the regulation of the Arbitrary Court of Bilbao by one or more arbitrators appointed in accordance with their rules of arbitration.

 

Alternatively, and for the case of the User residing in any of the European Union countries, these same disputes can be submitted to the procedure of online dispute resolution in the URL  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES.

 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

 

Terms and conditions for the use of the platform

 

Company name

SOLUCIONES TECNOLOGICAS EDUCATIVAS, S.L. (henceforth, the OWNER)

NIF

B87657227

Head office

C/ Francisco Gasco Santillan, 2B, C.P. 28906 Getafe (Madrid, Spain)

Email

info@holakoala.com

Registered in the Trade Register of Madrid, Volumn: 35207 Folio: 36 Page: M-633100 Inscription 1.

 

General Access norms and usage of the webpage

Through this website, the Owner provides users with access to a technological platform intended to deliver online Spanish classes for kids ages 6 to 14, giving them the chance to practice using this language while conversing with a native Spanish speaking teacher (henceforth, the "Services").

 

Users

The Owners made completing the relevant user registry before to using the Services a requirement.  Some of the services must be paid for according to the terms outlined in the applicable Terms and Conditions of the Services before being provided.

 

The user is aware of and expressly acknowledges that by providing the contact or registration forms on the website with the personal information that is necessary in each case, they are giving their expressed, informed, and unambiguous consent to the Owner's use of that information for the purposes outlined in the Privacy Policy, which they must read and accept before providing their information.  The Owner will always handle personal information in a manner that complies with the law.

 

The organization intends to implement additional technical protection means and measures in addition to adopting the necessary security and protection levels for personal information.  However, the User should be aware that Internet security measures are not impenetrable.

 

The User agrees to use this website, its services, and its material in accordance with existing laws, good faith, and generally acceptable uses, and to refrain from doing any acts that could harm the website's webpages or that could overload, deactivate, or otherwise damage them. The User also commits to refrain from any actions that would prevent other Users from using it normally.

 

Under age users

The adults who are legally in charge of the minor are solely responsible for deciding which materials minors have access to and which specific services they are allowed to use. Minors under the age of 13 are only permitted to access this website with their parent's or guardian's prior express permission. The parent or guardian in question will be held accountable for all decisions made by the minors in their charge.  If, at the Owner's request, the User cannot show evidence that they are the minor's legal guardian, the Owner of the website may refuse or block access to them.

 

Intellectual and industrial property rights

All trademarks, trade names, and logos of every kind that appear on the website are the property of the Owner or other parties, and using them or accessing them through the website or its services in no way grants the user any ownership rights in the aforementioned trademarks.

 

The Owner is the sole owner of the intellectual property rights to this website, including the source code, design, structure, database, and all of the various elements contained therein. The Owner shall have the sole right to use the foregoing elements as it sees fit, including the rights of duplication, dissemination, public performance, and adaptation.

 

Without the owner's permission, it is expressly prohibited to reproduce, distribute, and publicly communicate all or part of the contents of the website for commercial purposes, on any medium and using any technology.

 

External links

Should this webpage contain links or hyperlinks to other Internet sites, the Owner would not have any influence over the information found there. Under no circumstances will the Owner accept any liability for any external website's contents, nor will they guarantee the technical accessibility, quality, reliability, accuracy, breadth, veracity, validity, or legality of any content or information found on any such external website or other internet webpage.  The inclusion of these external contexts in the same way does not indicate any kind of affiliation, merger, or involvement with the associated companies.

 

Any links from outside parties to this website must go directly to the home page or entry page; hotlinking, framing, and other uses of the website's contents for the benefit of outside parties without prior authorization are explicitly forbidden.

 

Exclusion of guarantees and responsibilities

The User's use of the website will be his or her sole and individual responsibility. This obligation extends to the use of any passwords or similar security measures given to users or other individuals for access to the website or any of its services.

 

The Owner makes no promises regarding the accessibility or ongoing operation of the website or its services.  There shall, whenever it is reasonable to do so, be a warning prior to any interruptions to the operation of this website and its services. Additionally, the Owner neither promises the infallibility nor the suitability of the website and its services for any specific activity.

 

As far as the law allows, the Owner disclaims all responsibility for any damages of any kind brought on by the failure of the Web Portal or the Services to be continuous or available, or by the deception of the Users as to the usefulness that they may have attributed to the Web Portal and the Services, or by the fallibility of the Web Portal and the Services, including, but not limited to, the failure of the Users to gain access to various Web Pages of the Portal or to those Services.

 

Aplicable law and Juristriction

For any dispute or conflict that arises in connection with this Legal Notice and Terms of Use Spanish legislation will apply and the users agree to submit the resolution of all of these conflicts to the courts of Madrid.