Why Not Spanish Academy

Terms of Use (“Terms”)

Last updated: July 27, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://courses.whynotspanish.com website (the “Service”) operated by Why Not Spanish (“us”, “we”, or “our”).

By enrolling in a Why Not Spanish subscription, membership, course, program, community, or any other product offered, you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these terms and conditions, you should not continue with your purchase.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Why Not Spanish cancels it. Read our full cancellation policy here. 

You may cancel your Subscription renewal through your online account management page.  You can find more information on how to cancel your subscription here.  

A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Why Not Spanish with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Why Not Spanish to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Why Not Spanish will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, or your subscription will be terminated.

Fee Changes

Why Not Spanish, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. However, current users will not be affected by price increases. Once a user signs up, he or she will be billed the same price at sign-up for all billing cycles.

If a user cancels his or her subscription and chooses to start a new subscription in the future, the user must join at the going rate at the time of rejoining. The user cannot rejoin at the original rate of the first purchase.

Refunds

Refund requests for Subscriptions will be granted by Why Not Spanish if and only if they occur within the first 30 days of the original sign-up.   Just canceling your subscription does not start the refund process. You must send us an email requesting a refund. Then and only then we will start the refund process.

Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Why Not Spanish and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Why Not Spanish. It is unlawful to distribute the video, audio, or other content in the Why Not Spanish courses.

Video and Audio Content

Our website may contain one or more videos and/or audio recordings (individually and collectively hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.

1) Recordings Are for Educational and Informational Purposes Only

All Recordings are to be watched and/or listened to for educational and informational purposes only.

2) Recordings From External Sources Not Owned By Us

Some of the Recordings are not owned by us. Our use of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites and fair use for educational purposes. The use of the videos is transformative and educational in nature with limited portions being used only for the purpose of teaching Spanish.

Links to Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Why Not Spanish.

Why Not Spanish has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Why Not Spanish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Affiliate Marketing

We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

Indemnification

You agree to defend, indemnify and hold harmless Why Not Spanish and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Why Not Spanish, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Why Not Spanish its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us: support (at) whynotspanish (dot) com.