Terms of Service of Elayaa.com™

Last updated: June 3, 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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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.


9. Duration of service

  • Once you have subscribed to an online Spanish course (EXPRESS Total, PREMIUM, PREMIUM +Plus) with a subscription (1-month, 3-month, 6-month, or 12-month subscription), you can access the video lessons and all activities included in the version of the learning platform included in the online Spanish course you are subscribed to (Individual Lessons, BlaBlaCLUB, Grammar Sheets, Interactive Exercises, Graded Readings, etc.) as long as your subscription to that course is still active. You can cancel your subscription whenever you want (cancellation of your subscription means immediate loss of all rights to access and use the services provided by Elayaa.com that you were subscribed to).
  • Individual Lessons included with each PREMIUM +Plus subscription (1-month, 3-month, 6-month, or 12-month subscription), are NOT - under any circumstances and for any reason - cumulative from one payment cycle to the next, regardless of whether they have actually been used or not.
  • Once you are enrolled in an Online Spanish Course (EXPRESS Total, PREMIUM, PREMIUM +Plus) with lifetime access, you can access the Video Lessons and all activities included in the version of the Learning Platform included in the Online Spanish Course you are enrolled in (grammar worksheets, exercises, tests, graded readings, etc.) forever, with a guaranteed access time of at least 2 years from the day of your enrollment. 
  • Once enrolled in an online Spanish course (FREE Trial), you will be able to access the video lessons and all activities included in the version of the learning platform included in the online Spanish course you are enrolled in, as well as book the live lessons included in the online Spanish course you are enrolled in forever, with a guaranteed access time of at least one month from the day you enroll.
  • Once you are enrolled in an online Spanish course (PREMIUM or PREMIUM +Plus) with a subscription (1-month, 3-month, 6-month, or 12-month subscription), you can book and participate in the BlaBlaCLUB and the One-on-One Lessons included in your online Spanish course whenever you want, as long as your subscription is active, based on teacher's availability on the Elayaa.com sites.
  • Once you are enrolled in an Online Spanish Course (PREMIUM) with Lifetime Access, you can book and participate in the BlaBlaCLUB Classes included in your Online Spanish Course whenever you want, within a maximum period of 24 months after enrollment (12 months for enrollments prior to January 1, 2023) and subject to the teacher's availability on the Elayaa.com websites.
  • Once you are enrolled in an Online Spanish Course (PREMIUM +Plus) with Lifetime Access, you can book and participate in the BlaBlaCLUB Classes and Individual Lessons included in your Online Spanish Course whenever you want, within a maximum period of 24 months after enrollment (12 months for enrollments prior to September 1, 2022) and subject to the teacher's availability on the Elayaa.com websites.
  • Once you are enrolled in an Online Spanish Course (PREMIUM) with a 12-Month Access, you can book and participate in the BlaBlaCLUB Classes included in your Online Spanish Course whenever you want, within a maximum period of 12 months after enrollment and subject to the teacher's availability on the Elayaa.com websites (all live classes included and eventually not booked within 12 months after enrollment will be considered lost). In case of renewal, all live classes already lost, are NOT - under any circumstances and for any reason - cumulative from one 12-Month Access to the next, regardless of whether they have actually been used or not.
  • Once you are enrolled in an Online Spanish Course (PREMIUM +Plus) with a 12-Month Access, you can book and participate in the BlaBlaCLUB Classes and Individual Lessons included in your Online Spanish Course whenever you want, within a maximum period of 12 months after enrollment and subject to the teacher's availability on the Elayaa.com websites (all live classes and lessons included and eventually not booked within 12 months after enrollment will be considered lost). In case of renewal, all live classes and lessons already lost, are NOT - under any circumstances and for any reason - cumulative from one 12-Month Access to the next, regardless of whether they have actually been used or not.
  • Individual Lessons and BlaBlaCLUB Classes purchased separately (packages or individual 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).
  • By choosing the EXPRESS Total, PREMIUM or PREMIUM +Plus online Spanish course, you can 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 requested the cancellation, and you will no longer be able to access the content (including live classes) 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 (to: [email protected]).
  • 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 item 10 below.
  • Individual Lessons and Individual Sessions are considered the same thing for the purposes of these Terms and Conditions.

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10. Right of Refund

  • The right to a refund is possible only if requested by e-mail (at: [email protected]) within 7 days from the date of your initial enrollment in our EXPRESS Total, PREMIUM or PREMIUM +Plus online Spanish course, even in the event that you have not taken nor used the course in question at all.
  • In order 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 must NOT have completed more than 20% of any of the content individually offered and/or made available to users within the course in which they are enrolled or have been enrolled (Course Curriculum, Audio Version, Interactive Exercises, Graded Readings & Podcasts, BlaBlaCLUB, Individual Lessons) and, at the same time, shall NOT have downloaded ANY content - whether normally downloadable or not - from the Elayaa.com Learning Platform. com or from any website or application related and/or connected to the service purchased from Elayaa.com.
  • Individual Lessons (price considered in ALL situations USD 30 each) and the BlaBlaCLUB (price considered in ALL situations USD 49 per month, participation in only 1 lesson of the BlaBlaCLUB being enough to consider the month complete) already used in the PREMIUM or PREMIUM +Plus courses, are NOT refundable, under any circumstances and for any reason.
  • Individual Lessons purchased individually (packages or single lessons), whether already used or not, are NOT - under any circumstances and for any reason - refundable.
  • For Individual Lessons and BlaBlaCLUB, if a teacher does not show up for your video conference, please email us at [email protected] with your complete name, and the day and time of the missed lesson. We will verify this and, in the case of an absent teacher, you will receive a new access code so you can rebook your Individual Lesson or BlaBlaCLUB, free of charge.
  • For Individual Lessons and BlaBlaCLUB, if - for any reason - you are not present at a previously booked video conference (included in an online Spanish course or purchased outside the services that include it), the lesson is considered LOST (the teacher will wait for you online for a maximum of 10 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 you arrive are considered for all intents and purposes LOST.
  • You may cancel or reschedule one or more Individual Lessons - without losing them - within a maximum period of 24 hours before the lesson itself. Any request to cancel and/or reschedule an Individual Lesson less than 24 hours in advance will result in that Individual Lesson being considered LOST.
  • Individual Lessons and Group Classes (BlaBlaCLUB) missed by you, in whole or in part, are NOT subject to any type of refund under any circumstances and for any reason. This includes Individual Lessons and/or Group Classes (BlaBlaCLUB) included within a subscription and - in all cases and for any reason - not used before the expiration of said subscription (1-month, 3-month, 6-month, or 12-month subscription).
  • If you are unable to use the paid services of Elayaa.com, for which you are properly subscribed and have already paid in full, due to Elayaa.com's desire to cancel such service completely, you may request a refund by email (to: [email protected]). This refund will correspond to the amount you actually paid for access to the service, divided by 12 and multiplied by the number of months of actual inability to use the service (in a maximum period of 12 months from your registration). This amount is to be considered inclusive of the amount actually paid by you for the use of the Individual Lessons and BlaBlaCLUB still not enjoyed - within an offer or course including such services or purchased separately - within a maximum period of 12 months from your registration (period after which, such Individual Lessons and BlaBlaCLUB are NOT refundable).
  • Should Elayaa.com change its services to offer others of equal or higher educational quality, no refund will be given.
  • The granting of any type of refund (other than a refund due to a teacher's absence from a properly booked Individual Lesson or BlaBlaCLUB, or due to Elayaa.com's desire to cancel the service entirely), will result in the immediate cancellation of your access to the Educational Platform and all services offered by Elayaa.com.
  • Individual Lessons and Individual Sessions are considered the same thing for the purposes of these Terms and Conditions.

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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: [email protected] - 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.
  • All referred purchases are attributed to the buyer’s last-clicked affiliate link.
  • The referral window allows referrals from initial clicks within 90 days.
  • Affiliates can publish occasional posts about our courses on their Social Networks.
  • Affiliates can publish articles on their Website/Blog.
  • Affiliates can publish video reviews on their Website/Blog, Youtube, Facebook, Instagram, etc.
  • Affiliates can promote our courses at the beginning and/or at the end of their own videos on their Website/Blog, Youtube, Facebook, Instagram, etc.
  • Affiliates CANNOT run pay ads related to our courses on any platform, neither online nor offline.
  • We may accept or deny Affiliates applications, based on the affinity or not of the content published on Affiliate's channels (Website, Blog, Social Networks) with our services.

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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 for their staff.
  • Shared Access means that multiple people can access training using the same account at different times (in order for multiple people to access the same training at the same time, it is necessary to increase the number of accounts active at the same time). This type of account has a duration of 12 months from the time of its creation, through an automatically renewable annual payment (cancelable at any time from one's corporate account).
  • Private Access means that only one person can access the training - in personal mode and in NO case and for NO reason transferable - using one account (to train more people, it is necessary to increase the number of active personal and non-transferable accounts). This type of account has a duration of 12 months from the time of its creation, through an automatically renewable annual payment (cancelable at any time from your corporate account).
  • The individual Spanish lessons available to companies operate on the principle of shared access, i.e., when a company purchases a package of lessons, it can distribute these individual lessons among its staff as it prefers, assigning each person of its choice a number of lessons (included in the previously purchased package of lessons) at its discretion.
  • In ALL cases, business accounts are intended solely for individuals who are actual employees of the respective organization, and are in no case transferable outside the organization (e.g. individuals actually not making part of the organization that has activated the business account, friends and relatives of actual or former employees of that organization, etc).
  • Furthermore, each employee making part of an organization, should have their own personal/non transferable account. In order to provide each employee with their own personal account/access - as part of a business access group of accounts - we require prior formal approval from the HR authority within the company.
  • The right of reimbursement for companies accessing Elayaa.com's corporate training services is the same as for Elayaa.com's private customers, as per item 10 above, applied to the services offered for companies (Learning Platform, Learn & SPEAK, and 1:1 Lessons).
  • Individual Lessons and Individual Sessions are considered the same thing for the purposes of these Terms and Conditions.


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