Terms and Conditions
These terms and conditions are the contract between you and Iboux Education (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are: Iboux Education S.L., a company registered in Spain, CIF nºB-88607478.
Our address is Paseo de la Castellana 123 I8B, 28046 Madrid, Spain.
You are: Anyone who uses Our Website or buys any service from us.
Under 18 years? We deal only with people who are legally able to enter into a binding contract. Service users under the age of 18 must obtain written permission from a parent or legal guardian. The parent/guardian will be held responsible for any outstanding payments acquired by the minor as well as any inappropriate actions towards the instructor.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Services immediately.
These are the agreed terms.
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Iboux Education group of companies. It includes our Learning Management System, our virtual classroom, and all of the hardware and software installations that enable our website to function.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Services” means all of the services available from Our Website, whether free or charged.
In this agreement unless the context otherwise requires:
2.1. the headings to the paragraphs and schedule to this agreement are inserted for convenience only and do not affect the interpretation.
2.2. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. In entering into this agreement you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge.
3.3. Depending on the type of Service you have purchased, classes are either private (one instructor and one student per class) or semi-private (one instructor and two students per class). A 1-hour class consists of 55 minutes of face-to-face time with an instructor, and 5 minutes for class-related tasks such as (but not limited to) the instructor sending you homework, your class notes, and completing your student file. A 30-minute class consists of 27 minutes of face-to-face time with an instructor, and 3 minutes for class-related tasks such as (but not limited to) the instructor sending you homework, your class notes, and completing your student file.
3.4. The provision of the Service is subject to availability of class schedules and times.
3.5. The free trial class will be offered only to users who are using Iboux Education Services for the first time. The trial class is free and 30 minutes long.
3.6. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
3.7. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.8. Our contract with you and licence to you last for as long as you have unused classes (classes which you have purchased but have not yet booked or taken). Any continuation by us or by you after the expiry of one year is a new contract in the terms then shown on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.9. The contract between us comes into existence when we receive payment from you for a Service.
3.10. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.10.1 the change will take effect when we Post it on Our Website.
3.10.2 we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for any unused classes.
3.10.3 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4. Your account and personal information
4.1. Your account on Our Website may only be used by yourself. A single account shared by multiple persons is not allowed.
4.2. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.3. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
5. The price
5.1. The prices payable for Services are clearly set out on Our Website.
5.2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are inclusive of any applicable value added tax or other sales tax.
5.4. If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. All monies paid by you to us after you have taken the first class of a module of classes are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. If you buy as a consumer
This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1. We now inform you that information relating to all aspects of our Services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.1 If you have ordered our Service but we have not yet started to provide Services to you, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return any money due to you.
7.2.2 If you have ordered our Service and we have started to provide classes to you, you may cancel your order without giving a reason, at any time within 14 days of your order. You must tell us that you wish to cancel.
7.2.3 if you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.
7.2.4 If you give up your right to cancel, that will apply to the Services we provide at any time from now.
7.3. In any of the above circumstances, we will return any money due to you within 14 days.
7.4. Free Services (if any) are not covered by the Regulations.
8. Cancellation and refunds
So far as applicable, the following provisions shall apply if you use our Services:
8.1. All cancellations or modifications to a class schedule made by you must be made with a minimum notice of 24 hours prior to the scheduled class. Otherwise, the class credit will not be refunded. Cancellations must be made through the platform provided exclusively for this purpose; cancellations of classes made through other means will not be considered valid.
8.2. Classes that are scheduled on local holidays will not be cancelled automatically.
8.3. You are responsible for providing a working internet connection and we will not be responsible for internet disruptions or other technical inconveniences related to your internet connection.
8.4. In cases in which a class cannot be given by the teacher, we will assign this class to a substitute teacher.
8.5. The substitution will not be accepted as sufficient reason for you to cancel this class in a period less than the 24 hours required in all other cases and receive a refund for this class.
9. How we handle your Content
9.2. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
9.3. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9.4. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
9.5. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
9.6. Please notify us of any security breach or unauthorised use of your account.
10. Restrictions on what you may Post to Our Website
We invite you to contribute Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
10.1. be unlawful, or tend to incite another person to commit a crime;
10.2. be obscene, offensive, threatening, violent, malicious or defamatory;
10.3. be sexually explicit or pornographic;
10.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
10.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
10.7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose or collecting information with the intention of passing it to a third party for his commercial use;
10.8. facilitate the provision of unauthorised copies of another person’s copyright work;
10.9. link to any of the material specified in this paragraph;
10.10. Send age-inappropriate communications or Content to anyone under the age of 18.
11. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
11.1. hyperlinks, other than those specifically authorized by us;
11.2. keywords or words repeated, which are irrelevant to the Content Posted.
11.3. the name, logo or trademark of any organisation other than yours.
11.4. inaccurate, false, or misleading information;
12. Removal of offensive Content
12.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
12.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
12.3. If you are offended by any Content, the following procedure applies:
12.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
12.3.2 we shall remove the offending Content as soon as we are reasonably able;
12.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
12.3.4 we may re-instate the Content about which you have complained or we may not.
12.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
13.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
13.3. download any part of Our Website, without our express written consent;
13.4. collect or use any product listings, descriptions, or prices;
13.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
13.7. Despite the above terms, we now grant a licence to you to:
13.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.7.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
14. Interruption to Services
14.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
14.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
14.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
15. Intellectual Property
You agree that at all times you will:
15.1. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
15.2. notify us of any suspected infringement of the Intellectual Property;
15.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
15.4. not use any name or mark similar to or capable of being confused with any name or mark of ours;
15.5. far as concerns software provided or made accessible by us to you, you will not:
15.5.1 copy, or make any change to any part of its code;
15.5.2 use it in any way not anticipated by this agreement;
15.5.3 give access to it to any other person than you, the licensee in this agreement;
15.5.4 in any way provide any information about it to any other person or generally.
15.6. not use the Intellectual Property except directly as anticipated by us in provision of the Services.
16. Disclaimers and limitation of liability
16.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
16.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
16.3. Iboux Education Website and Iboux Education Services are provided “as is”. We make no representation or warranty that the Service will be:
16.3.1 useful to you;
16.3.2 of satisfactory quality;
16.3.3 fit for a particular purpose;
16.3.4 available or accessible, without interruption, or without error;
16.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
16.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
16.6. We make no representation or warranty and accept no responsibility in law for:
16.6.1 accuracy of any Content or the impression or effect it gives;
16.6.2 delivery of Content, material or any message;
16.6.3 privacy of any transmission;
16.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
16.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
16.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
16.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
16.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
16.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
16.11. If you become aware of any breach of any term of this agreement by any person, please tell us.. We welcome your input but do not guarantee to agree with your judgement.
16.12. Nothing in this agreement excludes liability for a party’s fraud.
17. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
17.1. your failure to comply with the law of any country;
17.2. your breach of this agreement;
17.3. a contractual claim arising from your use of the Services
17.4. a breach of the intellectual property rights of any person;
17.5. and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at €100.00 per hour without further proof.
18. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.
The following terms apply in the event of a dispute between the parties:
18.1. If you are not happy with our services or have any complaint then you must tell us by email message to [email protected]
18.2. If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
18.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: https://ec.europa.eu/consumers/odr/.
19. Miscellaneous matters
19.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3. If you are in breach of any term of this agreement, we may:
19.3.1 terminate your account and refuse access to Our Website;
19.3.2 remove or edit Content, or cancel any order at our discretion;
19.3.3 issue a claim in any court.
19.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
19.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party,
19.7. The validity, construction and performance of this agreement shall be governed by the laws of Spain and you agree that any dispute arising from it shall be litigated only in Spain.