Terms of Use (“Agreement”)
[This Agreement was last updated September 2022]
These Terms of Service (the “Agreement”) are a legal agreement between you as the user and Real Fast Spanish Pty. Ltd.(“us”, “we”, or “our”), the owner of www.realfastspanish.com (the “Site”). This Agreement documents the legally binding terms and conditions attached to the use of the Site.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.
These terms and conditions apply:
1. Definitions
In this agreement:
“Consumer” means any natural person who accesses Our Website or purchases products or Services from us;
“Content” means any material in any form published on Our Website, any social media account operated by or linked to us or any third party platform, by us or any third party with our consent.
“Confidential Information” means trade secrets; computer hardware, applications and software programs; audio or visual recordings in any format; training material in any format; specifications, templated, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; together with any information or material that Real Fast Spanish or our associated entities in the future may indicate is confidential, or which may be apparent is confidential; and our internal business processes and procedures, unless:
(a) that confidential information is transferred to the public domain through no fault or action of yours;
(b) we give you written authority to release it; or
(c) you are required by a legal process to disclose that information and have provided notice to us of that obligation.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Material” means Content of any sort posted by you on Our Website
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Terms and Conditions” means these terms and conditions and includes our Privacy Notice Earnings Notice and Disclaimer and any other terms and conditions posted on Our Website or provided to you before the delivery of any Services.
2. Our contract with you
2.1 So far as the context allows, to you as a visitor to Our Website or Consumer; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We acknowledge acceptance of your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Services. For information about how we manage your personal information please see our Privacy Policy.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. Age
4.1 The Site is intended only for users aged 18 or older. No person under the age of 18 years may use the Website or purchase Services. If you are under the age of 18 years, you confirm that you have brought the terms and conditions to the notice of your parent or guardian, and that person has agreed that you may buy our Services.
5. Intellectual Property
5.1 The Site and all of its original content are the sole property of Real Fast Spanish Pty. Ltd. and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
6. Links to Other Websites
6.1 Our Site contains a number of links to other websites and online resources that are not owned or controlled by us. We have no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third-party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.
7. Price, payment and service provision
7.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
7.2 You agree to pay the charge for the Services from the PayPal account or credit card you have or will have supplied to us. You authorise us to arrange withdrawal of funds from that account each month without further reference to you. You undertake to keep your payment details up to date and notify us of any changes in a timely manner.
7.3 Payments are billed in advance on the same day as your initial order each month. If you have elected an annual subscription, payment will be billed on the date of your order and on the annual anniversary of your purchase date.
7.4 Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
7.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
7.6 Once Service provision has started, you may cancel the Services at any time but fees will apply for cancellation of enrolment for the live classes.
7.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
7.8 If we change the nature or provision of the Services, you may terminate this contract.
7.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
7.10 You may not share or allow others to use the Services in your name.
7.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance.
8. Refund Policy
8.1 We reserve the right to not offer refunds if you change your mind about using our Services. Most products and Services are digitally delivered instantly so you have the full benefit of our Services straight away. Refunds will only be provided in compliance with Australian Consumer Law.
8.2 Subject to 8.1, we may issue partial refunds for our live theory classes (12-week courses) from 7 days prior to the first class and up to 48 hours prior to the third class of each course. Within this period there is a $100 fee to pull out of the course or a $50 fee to change classes to a different day or level.
8.3 Subject to 8.1, we may issue partial refunds for our live conversation classes (6-week courses) from 7 days up to 48 hours prior to the start date of the class. There is a $50 fee to pull out of the course or change days or levels.
9. Cancellation of order
9.1 Most products and Services are digitally delivered instantly so we reserve the right to not offer refunds if you change your mind about using our Services.
9.2 Recurring transactions can be cancelled at any time but access to the Services will be lost immediately upon cancellation.
9.3 Transactions for our live theory classes (12-week courses) can be cancelled up to 48 hours prior to the third class of each course by submitting a request at support @ realfastspanish.com.
9.4 Transactions for our live conversation classes (6-week courses) can be cancelled up to 48 hours prior to the start date of the class by submitting a request at support @ realfastspanish.com.
10. Privacy & Data Protection
10.1 You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Services. For information about how we manage your personal information please see our Privacy Policy.
10.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
10.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
11. Governing Law
11.1 This Agreement is governed by and construed in accordance with the law of Australia and you consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in any dispute arising out of or relating to the use of Our Website or Services. You may provide notice to us of any dispute by email addressed to ‘the Directors’ and sent to support @ realfastspanish.com. We may provide notice to you via email or other electronic means.
12. Disclaimers
12.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
12.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web-based business. We would be grateful if you bring to our immediate attention, any that you find.
12.3 We give no warranty and make no representation, express or implied, as to:
12.3.1 the adequacy or appropriateness of the Services for your purpose;
12.3.2 the truth of any Content on Our Website published by someone other than us;
12.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
12.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
12.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
12.5 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the products or Services you have purchased, even if those products or Services were provided to you without cost.
12.6 Where we provide products or Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other product or Service for which a charge is made.
12.7 Any liability to us for consequential loss suffered by you as a result of the use of Our Website or Services is limited to you reasonably foreseeable losses in accordance with Australian Consumer Law.
13. Indemnity
13.1 You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Changes to This Agreement
14.1 We reserve the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Site.
Contact Us
If you require any more information or have any questions about this Agreement, please contact us:
Real Fast Spanish Pty. Ltd.
PO Box 533
Moorabbin VIC 3189
Australia
Email: [email protected]
