Terms and Conditions
Updated: May 1, 2022
LATANISH
Terms and Conditions
The following terms and conditions (hereinafter, “Terms”) are given for every individual interested in acquiring the Spanish tutoring services (as described below), provided by LATANISH (referred to as “Latanish”, “we”, and “us”), a corporation registered and organized under the laws of the Republic of Colombia. Those users who decide to access the site from other countries do so at their own initiative, and it is their responsibility to comply with applicable local laws. Any claim related to the use of the site and the material contained therein is governed by Colombian laws. In case you don’t agree with these Terms, we highly encourage not to access or use the Latanish Platform.
Table of Contents
1. GENERAL INFORMATION
1.1 Terms of Services
These terms outline the conditionsfor accessing and using the Latanish Platform, which includes the website and mobile device application. By using the services, the you agree to these terms, as well as any other rules or policies provided by Latanish.
Creating an account on the platform constitutes a legally binding agreement between you and Latanish, and signifies your acceptance of these terms. Throughout these Terms, “you” or “your” may refer as applicable to the Student, or a visitor accessing or using any of our Services (each the “User”).
Additionally, the Privacy Policy, Cookies Policy, and any other service-specific terms found in the Legal Center are also binding agreements between Latanish and any user or visitor of the platform. As a user or visitor, your personal data is subject to the Privacy Policy and Cookies Policy, which may be updated periodically.
Merely visiting this site does not impose any obligation on the user, unless they have expressed their unequivocal will to acquire certain services through positive actions, as indicated in these Terms.
2. DESCRIPTION OF SERVICES
2.1 Latanish Services
Latanish provides Spanish language tutoring services and e-learning products through independent service providers (hereinafter “Tutors“) under an agreement previously established by Latanish and the Tutors, who are selected by Latanish. Unless we accept it through a separate written contract with you, the Services are made available for personal, non-commercial use only.
Latanish exclusively offers the services mentioned in the previous paragraph and according to the plans offered in our Application and Website. Therefore, it does not offer any other type of services under any circumstances.
The availability of Latanish’s Services is updated at all times; therefore, if they are not available, the purchase of the specific Service will be disabled. To access Latanish’s online store with all its functionalities and features, you must have access to the internet and one or more devices that allow for the proper use of our services.
2.2 Service Request
To request the services offered by Latanish, the User must complete the reservation form (hereinafter, the “Service Request“) entirely through the Website and/or Application, which necessarily implies the acceptance of the site’s terms of use. The Service Request must be filled out completely and in detail in all mandatory fields. The confirmation of the request by the User confirms their intention to hire the services of a Tutor or a specific program, according to the specifications of the Service Request, which will be sent as confirmation to the User’s email and saved by the Tutor and Latanish.
It is understood that services are requested by the User with legal capacity in the territory where they are located.
Latanish, upon payment of the services requested by the User, will confirm the services via email the service request made by the User.
Once the Service Request is confirmed and paid, Latanish will assign a Tutor to the User who can fulfill the tasks, requirements, and requested time by the User. The User understands that Latanish will assign a Tutor according to their availability and suitability for the requested service.
It is understood that all Service Providers offer the same level of quality and professionalism, according to the registration criteria within the Website and Application. In cases of force majeure such as inability or domestic calamity, Latanish reserves the right to fulfill the User’s reservation with one or another Tutor and/or modify the assigned Tutor, after communication to the User.
2.3 Service Execution
The Tutor agrees to provide services at the time defined by the User in the Service Request. In case it is not possible to fulfill it, the Tutor has the obligation to notify Latanish, who will in turn inform the User about the situation and reschedule the session or, if rescheduling is not possible, make a full refund of the previously paid amount for the service.
At the time of the request, the User defines the number of sessions or the predesigned program they want to contract. The number of sessions cannot be modified without prior approval from Latanish and without timely payment for the additional sessions required by the User.
At the time of the request, Latanish will inform the User of the available hours to use the tutoring service or e-learning product and conduct the sessions. The User declares acceptance that, due to external factors, the service may begin within a range of five (5) minutes before, and fifteen (15) minutes after the agreed-upon time, without this in any way affecting the successful completion of the session and fulfilling all the contracted hours.
Similarly, in case of the User’s absence or any other reason that prevents the start of the service at the agreed-upon time, the Tutorwill wait for up to fifteen (15) minutes after the scheduled service time before ending the session. If for any reason that does NOT depend on the Service Provider, the service is not carried out, the User accepts that the service will be considered executed and will be charged.
2.4 Amendments to the Services
Latanish does not offer Services that are public or free. It is an online platform that facilitates the learning of Spanish as a foreign language, allowing the user to receive the Service characteristics and purchase them through an electronic transfer.
The availability of Latanish Services is updated at all times, therefore, in case of unavailability, the purchase of the specific Service will be disabled. To access Latanish’s online store with all its functionalities and features, you must have access to the internet and one or more devices that allow the proper use of our services.
The charge for Latanish Services will only be charged to you once the purchase process is completed, through a communication to your email address where you will be informed about the Services purchased and the available payment methods.
Merely visiting this site does not impose any obligation on the user, unless they have unequivocally expressed the will to acquire certain services through positive acts, in the manner indicated in these Terms and Conditions.
3. COST AND PAYMENT
3.1 Cost of Services or Products
The price of the services or e-learning product will be published on the website, application, and on each Service Request completed by the User at the time of the request.
Latanish reserves the right to unilaterally modify the prices of its services at any time and at its sole discretion, without the need to notify its Users. These modifications may be temporary or permanent. Price modifications apply exclusively to services or digital products after the modification.
3.2 Payment
Latanish will request payment of the total value of the service or product specified in the Service Request in the payment currency used for the transaction. Payment of the Charges in this way will be considered as payment made directly by you to Latanish, in the same way, the Charges will include applicable taxes when required by law. The Charges paid by you are final and non-refundable, unless Latanish determines otherwise.
The value stipulated in the Service Request must be paid prior to the implementation of the established service plan or product. In the event that the User and Latanish agree on payment terms different from those specified in these Terms of Use, the agreement must be in writing, and any violation of the agreed-upon terms will be cause for breach and immediate interruption of the provision of the service.
If at the time of providing the service the User has not paid the total value of the requested service, the service(s) will not be performed until payment is made and confirmed by Latanish.
A request for one or more services that is not paid in advance and within the time established by Latanish will be cause for breach by the User and cause for immediate interruption of the provision of the service.
To pay for service requests, the User must do so through payment methods approved by Latanish on its website and Application, these payment methods is: PayPal.
Latanish is responsible for creating a valid invoice for tax purposes, according to the terms of law in force in Colombia. The User accepts that the invoice for the reserved services will be sent to them electronically, and they undertake to print it for tax purposes. Latanish does not send physical invoices.
3.3 Security in Purchases
Purchasing on Latanish is completely secure, as we do not require customers to enter their credit or debit card information directly on the website. If a customer wishes to pay with a credit or debit card, their browser will be directed to the functionalities offered by the Woocommerce system, which includes Paypal as a secure server owned by the payment processor to enter their card information.
4. USER CAPACITY
4.1 Legal Capability
It is presumed that the user of the page has the legal capacity, in the territory where they are located, to enter into legal agreements and to access the services offered by Latanish; otherwise, they will not be able to carry out transactions on the website .
5. PRIVACY
You may use the Latanish Platform without providing personally identifiable information. When using the Services, you may be requested to provide your personal data. To learn more about our privacy practices, please refer to Latanish Privacy Policy.
6. GUARANTEES AND LIABILITY REGIME.
The Tutor undertakes to perform the tasks with the highest possible quality of service. In the event that the User is not satisfied with the service provided or considers that the Tutor has not complied with the specifications of the Service Request, the User must notify in writing to the email address learnspanish@latanish.com, their dissatisfaction within the following 48 hours after the end of the service, specifying in detail the reasons. Once the dissatisfaction email is received, the Latanish quality and guarantees management team has a period of fifteen (15) business days to respond to the User’s dissatisfaction report. Depending on the result of their investigation, Latanish will not be obliged, but may voluntarily decide to offer a new service to the User or fully or partially refund the price. In case of refund, payment will be made through electronic transfer within two (2) weeks following the date of communication of the decision. Latanish recognizes and assumes the costs that may be involved in the electronic transfer.
6.1 Limitation of Liability
Latanish will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury or property damage, or damages arising in connection with or otherwise arising from any use of the services, even if Latanish has been advised of the possibility of such damages. Latanish will not be liable for any damage, liability or loss arising from:
– Your use or reliance on the services or your inability to access or use the services; which directly falls on the User, taking into account that it is a service that requires a minimum of digital knowledge.
Latanish shall not be responsible for delay or failure to perform resulting from causes beyond the reasonable control of Latanish. All liability or obligation arising under the relationship between the User and the Service Provider, either through software or service provision, rests solely with the User, with all the implications that this entails.
Any breach by you of these Terms, or any complaint or information that Latanish S.A.S. receives from third parties about non-compliance, abuse or misuse of these Terms, may be investigated by Latanish, who may take all measures and initiate all legal and extralegal actions against you to obtain the cessation of the conduct or the remedies and indemnities that may be available under applicable law. Please note that a violation of these Terms may result in civil or criminal liability on your part. Please direct any inquiries about accessing and/or using the Site to the following address: learnspanish@latanish.com. As a User, you declare and warrant that all information you provide is 100% truthful, accurate, correct, and up-to-date. You will indemnify and hold Latanish harmless for any damage that may arise as a result of your provision of false or incomplete information.
You agree to indemnify and hold Latanish and its advisors, directors, employees, and agents harmless from and against any claim, demand, loss, liability, and expense (including attorneys’ fees) arising from:
– Your use of the Services or goods obtained through your use of the Services.
– Your breach or violation of any of these Terms.
– Your infringement of the rights of any third party, including Third Party providers.
Acceptance of these terms in no way limits the irrevocable warranties and rights provided by law to you as a consumer or as the holder of the right to habeas data .
7. CANCELATION
If the User needs to cancel, postpone or modify a confirmed service request, they must report it to Latanish through any of the communication channels available on the Website and Application, with a minimum period of four (24) hours before the scheduled time for the provision of the service during business hours, and a maximum period of six (36) hours for non-business hours. If the User does not cancel and/or modify the service under the aforementioned conditions, the service will be charged at one hundred percent (100%) of the rate agreed upon at the time of the service request.
In the event that the User requests a refund for services already paid for and that they have canceled in advance and timely, the User may have the following options: i) the paid amount will be credited for a future service, or ii) the money will be refunded within fifteen (15) business days following the receipt of their request via email, at the address learnspanish@latanish.com.
In the event that, during the provision of a service, the Service Provider feels that their rights are being violated, they have the authority to cancel the service and report it to Latanish.
8. COPYRIGHT
The Latanish website is a registered trademark and all of its content, rights, titles, and interests (including copyright, trademarks, and other intellectual property rights) are owned by Latanish S.A.S registered in the Republic of Colombia © All other rights, such as company names and services that do not belong to us but are referenced on the Site, may be trademarks of their respective owners. Any use of the content or trademarks belonging to this site is prohibited without our express written consent. The purchase of any of the services we offer does not constitute any right to any of our intellectual property rights or third-party intellectual property rights. No part of this site may be reproduced, copied, transmitted, or distributed in any form or by any means.
Latanish offers the electronic sales service of the Services that are part of its inventory. By accepting these terms and conditions of use and creating an account on our platform, you will have access to a payment gateway through which you can make the payment for the total price of the selected Service. Access to the payment gateway implies that the user will be directed to the page of each of the entities selected to make the payment, such as the PayPal payment platform. Therefore, financial data entered is the responsibility of the user and is received by the corresponding entity.
The user experience through the applications, interface, and electronic devices used to take advantage of our online store, including all functionalities and features, may vary depending on the territory where the Service purchase is made, as well as the type of device, permissions granted for a complete experience, and internet connection. You acknowledge that the use of some of our features will depend on the operating system of your devices and/or the permissions required and the configuration that our service may require on your devices.
The User agrees to automatically receive notifications and news about new Latanish Services.
9. ACCEPTANCE OF TERMS
This Agreement is an electronic contract that complies with the terms established by Colombian legislation, and you are legally bound by the terms included in this document and in the Data Treatment and Protection Policy and any other agreement between the user and our company, if you decide to acquire additional Services, features, or access to any promotion, free trial, offer, special offer, etc.
By accepting these terms and conditions, you agree to comply with this agreement and the Privacy Policy, which appears separately electronically. However, it is desirable that a copy of this agreement and the privacy policy be printed for your records. The user also agrees to be notified electronically about any communication intended to be made by the Company. This notification will be sent to the email address that the user indicates once they open their account or any other electronic address that the user owns. These terms and conditions may be modified from time to time; therefore, such modifications will be published on the company’s website. These modifications will also be part of this agreement.
The user agrees to refrain from archiving, reproducing, distributing, modifying, publishing, performing, displaying, licensing, creating works derived from those based on the Services offered by Latanish, offering for sale, or using the content, information, features, and functionalities of the service obtained from the contract with Latanish, as well as interfering with the proper functioning of the Latanish computer system.
In addition to the above, Latanish users must adhere to the following rules of use:
– The information provided by Latanish does not transfer any right to use it for promotional purposes and does not constitute a waiver by the owners of the information to exercise their right to habeas data.
– It is the user’s responsibility to keep their login information, including their username and password, secure and to regularly back up their content.
– Users must use the information provided in a correct, lawful, and good faith manner, and must not use it to threaten, offend, intimidate, or engage in any activity that violates the rights of third parties.
– Users must not hide or disable any advertisements within the application.
– Users may only access our services using the interfaces and platforms provided for that purpose. Any violation or alteration of our security technology may result in legal sanctions.
– Any other misuse, unlawful use, or use outside the scope of the contents of Latanish will be a material breach of these terms and conditions. Latanish encourages responsible use of its tool, and the user is fully responsible for the use they make of the content.
These Terms and Conditions of use shall be governed and interpreted in accordance with the laws, decrees, and other regulatory provisions of the Republic of Colombia.
The clauses of this document are independent of each other, and if any of the foregoing provisions are declared null, unenforceable, illegal, or invalid, such declaration shall not affect the remainder of the clauses in any way.
