GENERAL TERMS AND CONDITIONS

Last updated April 5, 2024

General Terms and Conditions for the Purchase of Online and Taught Courses

These terms and conditions apply to Services provided by Ryland English, San Martin SN, Borines, Pilona, Asturias CP. 33583, Spain.

Olaya de la Iglesia Pérez, of legal age and residing at San Martin S/N, Borines Piloña, Asturias, Spain, 33583, acts as the administrator for Ryland English, residing at the same address and with DNI 53542312Z.

You may contact us at info@craftinglingo.com and/or through our social media accounts found on the footer of the website.

These terms and conditions are in addition to the Legal Notice, Website Disclaimer, Terms of Use (website), Privacy Policy, and any Course Specific Terms and Conditions and apply to the sale of any Online Course and/or Taught Course.  Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

For purchases via our website, by selecting the ‘Accept’ tick box during payment, you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions, you must cease to continue to purchase any Services from us.

  1. Definitions

“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable, or other forms concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by Ryland English to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Ryland English for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Taught Course” means a course taught by us in a classroom setting to which you attend in person.

“Website” means www.rylandenglish.com, www.craftinglingo.com, and “you” means the individual purchasing the Services.

  1. The Services

2.1 Ryland English is dedicated to private tuition at home and online and among its offer has classes for the teaching of English. This is private tuition, and therefore any resulting qualification or diploma is not officially recognised.

2.2 Ryland English is a private language service. The service includes teaching services at the times and for the purpose specified in the initial agreement. If changes are to be made to these conditions both parties must do so “in writing” (hereinafter letter, messaging app, or email) fifteen days in advance unless other conditions are specified in writing. If changes are to be made to these conditions both parties must do so “in writing” (hereinafter letter, messaging app, or email) fifteen days in advance unless other conditions are specified in writing.

2.3 In the event that the agreement is made without the simultaneous physical presence of the teacher and the student/representative, through the use of a remote communication technique, the contracting party shall enjoy the right of revocation or withdrawal under the terms set out in clause “9” of the general conditions.

2.4. A description of the Services together with the dates on which the Services will begin will be available in our initial communications to you.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.5. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.6 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.

2.7 The services that are the object of the initial agreement shall be provided for the agreed period or indefinitely until either of the parties express in writing, and with fifteen calendar days’ notice, their wish not to continue unless exceptional circumstances make such communication impossible. In such cases, Ryland English reserves the right to consider whether the circumstances were exceptional or not, and might request evidence to support the claim.

  1. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services online you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

Purchasing Services via email

3.2. To purchase a Service over email please contact sales@craftinglingo.com. You do not need to have registered for an account with us to purchase any of the Services over email. You must, however, register for an account with us to access online resources if it is necessary.

3.3. When you place an order for a Service via the Website or email you are offering to purchase the Services on these terms and conditions.  Ryland English reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.

3.4. Following receipt by us of your order for Services via the Website or through other methods we will contact you to confirm receipt of your order.

3.5. A legally binding agreement between us and you shall come into existence when we have :
(a)    accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b)    received payment of the relevant Fees from you in accordance with clause 5 below.

3.6. Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase.  Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

3.7. Ryland English does not and is not responsible for booking any examination with any professional body or examination board.  It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Ryland English.

  1. Cancellation, Variation and Refunds

4.1. Subject to clause 4.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.

4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course or Taught Course then you shall have no right to cancel your order. However, as a gesture of goodwill, and if you are unsatisfied with the services we have provided, we will endevour to provide a partial refund relative to the number of sessions attended.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of Ryland English. In the case of exceptional circumstances beyond the initial 14 day cooling-off period, and as a gesture of goodwill, we might request evidence, and consider the weight of it, in order to make a fair decision regarding the possibility of full or partial refunds.

  1. Fees

5.1. The Fees for the Services shall be as set out on the Website or as told to you over other methods at the time you placed an order for them.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials not included in the course price, and any delivery costs payable in respect of the delivery of Course Materials to you.  Each of these costs will be set out on the Website or told to you over email prior to your purchase of the Services.

5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.  These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.

5.4. Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase. Fees for the Service selected by you over email shall be paid for through bank transfer within 24 hours of the booking being agreed on. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course and are payable one calendar month in advance once classes are booked unless a different payment schedule has been agreed upon in writing at the time the service booking is made.

5.5. Any fees charged by your bank, debit, or credit card provider in connection with your purchase of Services are for your own account and Ryland English shall not be responsible for these. This includes charges such as handling fees, currency exchange fees, transfer fees, etc.

5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access to any Online Course.

  1. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although Ryland English aims to provide the Services to the highest standards of the industry, neither it, nor its teachers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by the Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties, or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description).

6.4. Subject to clause 6.5 below, Ryland English’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit Ryland English’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other matter which under Spanish law may not be limited or excluded.

6.6. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.

  1. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses, and the speeches made by teachers at the Taught Courses are, and remain, the intellectual property of Ryland English or its licensors, whether adapted, written for, or customised for the Client or not.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audiotape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party teacher;

(iv) remove any copyright or other notice of Ryland English on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software or digital content forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.

  1. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

  1. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay when due your Fees;
  2. act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Ryland English, any teacher or lecturer who provides the Taught Courses, or any student who attends any Taught Course;
  3. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
  4. steal or act in a fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Taught Courses;
  5. intentionally or recklessly damage our property or the property of our employees or other students attending our courses;
  6. are intoxicated through alcohol or illegal drugs while on our courses;
  7. commit any criminal offence committed while attending our Taught Courses where the victim is our employee or student;
  8. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality), and 10 (restrictions) shall continue notwithstanding such termination.

  1. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

  1. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

  1. Force Majeure

Ryland English shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the teacher’s family, illness of the teacher, Government edict or regulation, technical or infrastructure issues with the teacher’s or your internet or electricity provider.

  1. Assignment

We may assign, transfer, or sub-contract any of our rights or obligations to any third party at our discretion.

  1. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2 Olaya de la Iglesia Pérez is the Data Controller of the personal data of the Data Subject and informs you that these data will be processed in accordance with the provisions of the regulations in force on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR), Organic Law (ES) 15/1999 of 13 December (LOPD) and Royal Decree (ES) 1720/2007 of 21 December (RDLOPD), for which you are provided with the following processing information:

  1. Purpose of processing: Invoicing and carrying out the agreed activities, communicating changes and services that may be of interest.
  2. Data retention criteria: Data will be retained for as long as there is a mutual interest in maintaining the purpose of the processing and when it is no longer necessary for that purpose, it will be deleted with appropriate security measures to ensure the pseudonymisation of the data or the total destruction of the data.
  3. Communication of the data: The data will not be communicated to any recipient, except by legal obligation.
  4. Rights of the Data Subject:
  5. Right to withdraw consent at any time.
  6. Right of access, rectification, and deletion of their data and to limit or oppose its processing.
  • Right to lodge a complaint with the supervisory authority (agpd.es) if he/she considers that the processing does not comply with the regulations in force.

14.3. If you wish to change or update the data we hold about you, please e-mail privacy@craftinglingo.com.

14.4 For further details on how we manage your data please see our Privacy Policy and Cookies Policy.

  1. Law and Jurisdiction

This Agreement is subject to Spanish law and the parties submit to the exclusive jurisdiction of the Spanish courts in connection with any dispute hereunder.

  1. Notices

You can contact us by any of the following methods:

Email: info@rylandenglish.com

Post: Ryland English, San Martin SN, Pilona, Asturias, CP. 33583 Spain

General Terms and Conditions for the Purchase of Online and Taught Courses
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