PARTICULAR CONDITIONS FOR CONTRACTING ONLINE SERVICES
These Particular Conditions for the Services of ABA ENGLISH detail the terms and conditions that govern the contracting, by the user, of our services (online English courses) (hereinafter, “Services”), and must be accepted by the users of this website (hereinafter, “Users”) wishing to make use thereof.
Anything not covered by these Particular Conditions for Contracting the Services of ABA ENGLISH shall be governed by the General Terms and Conditions which may be viewed via the following link General Terms and Conditions.
The ABA Free Account is free of charge, whereas the Premium Account has a monthly cost for the User.
The price detailed for each product on the website is the current price when the user accesses the website, including any taxes and delivery costs. VAT will be applied at the corresponding rate as established by the legislation in force. Where applicable, ABA ENGLISH will specify the delivery costs prior to any payment being made by the User. As these are online services, no materials will be dispatched in physical format; therefore, there will be no delivery costs. ABA ENGLISH reserves the right to unilaterally change at any time, without prior notification, the prices of the products offered on the website if such modification does not affect the orders previously made by the User for which ABA ENGLISH has already issued the User with the corresponding “Order Confirmation”. ABA ENGLISH will not be obliged to supply any product at an incorrect lower price (even after receipt of the “Purchase Confirmation”) if the error in the price is obvious, evident or unambiguous or constitutes a substantive error and would have been reasonably recognised by the User.
b) Terms, conditions and payment methods
ABA ENGLISH offers its Users the option to pay for purchases made though the online store or the subscription using Visa or MasterCard cards or any other cards available at any time. The User simply enters the details of the card to be used on the “Payment Information” tab during the purchase process. These details will not be stored by ABA ENGLISH.
Depending on whether the User has taken out a subscription with ABA ENGLISH or has extended their subscription by additional 12 months through our online store, ABA ENGLISH will charge the amount at different times:
(i) Subscription to ABA ENGLISH
Given the periodic nature of the subscription to ABA ENGLISH, ABA ENGLISH will charge the first payment for the period of time contracted on the same day as the purchase of the initial subscription to the credit or debit card details entered or selected by the User during the subscription process upon its completion. Subsequent payments will be made in the following manner:
(a) If the user has chosen a monthly subscription, subsequent payments will be made on a monthly basis to the debit or credit card account for which the user submitted details or selected during the subscription process. The payments will be made on the same day of the month as the initial purchase.
(b) The user has chosen a six-monthly, yearly or two-year subscription, subsequent periodical payments, depending on the subscription type, will be made to the debit or credit card account for which the user submitted details or selected during the subscription process. The payments will be made every six months, year or two years, on the same day of the month as the initial purchase.
c) Delivery or execution formats
Given that all ABA ENGLISH courses are provided online, the delivery or execution format thereof will always be electronically, via the online platform or the ABA ENGLISH App.
Once the User has paid the Premium subscription, he/she will have unlimited access to the content included in the Premium version.
d) Duration of the services and right to withdrawal
The ABA Free Account is free and of unlimited duration, and its subscription may be cancelled at any time.
The Premium Account has a duration of one month, six months, one year or two years and is renewable for equal periods. By entering into a contract for the provision of online services, the User will be able to exercise his/her right of withdrawal during the first 14 days after the activation of the subscription, by sending a request through the Help Centre.
The user will be able to cancel the renewal of the subscription up to 5 days prior to the due date, by sending a request through the Help Center.
Due to the nature of our services (online English courses), the user is informed of the loss of this right to withdrawal when the download has commenced with his/her express consent, as this is immediately downloadable and/or reproducible digital content for permanent use.
Once the User has informed of his/her wish to withdraw from the contract within the stipulated period, the User shall cease to be a Premium User and will become a User of the ABA Free account.
e) Guarantees, complaints and returns
In the case of a defective product, ABA ENGLISH shall repair, replace, reduce the price, or terminate the contract, as applicable, all of which shall incur no charge for the User. ABA ENGLISH shall be liable for any lack of conformity arising within a period of two years after delivery. The consumer and user must inform ABA ENGLISH regarding the lack of conformity within a period of two months after becoming aware of said lack of conformity.
Any complaint must be addressed to:
ENGLISH WORLDWIDE, S.L. (ABA ENGLISH)
Address: Calle Aribau, 240 – 7º , Barcelona (España)
f) Languages in which the contract may be formalised
The contract between ABA ENGLISH and the User may be entered into in Spanish, English, Italian, French, Portuguese, German and Russian, when none of these is the language used in the information prior to entering into the contract.
g) Premium and Free Services
The Premium Services with a duration of one month, six months, one year or two years, renewable for equal periods, as established in section d) above, include 144 units of the English language distributed among all the available levels. Access to a native teacher for resolving queries; and unlimited access to the Premium course through the mobile app.
The Free Services, of an unlimited duration as established in section d) above, include access to the first unit of each level and to all the available grammar video classes.
The Service shall be provided to the Student as the end user and may not be sold on to third parties. This service shall not be valid for legal entities. If you should wish to contract our services on behalf of a legal entity, please contact the ABA English Corporate department.
ABA UNLIMITED SERVICE CONDITIONS OF CONTRACT
1. ABA UNLIMITED SERVICE TERMS AND CONDITIONS AND ACCEPTANCE THEREOF
1.1. These conditions of contract for the ABA UNLIMITED service (hereinafter, the “ABA UNLIMITED Conditions”) regulate access to and the use of the monthly ABA UNLIMITED Service (hereinafter, the “ABA UNLIMITED Service”), on its technological platform accessible through its mobile application and website (hereinafter, the “Platform”), and must be accepted by users (hereinafter, the “Users”) who wish to use them.
1.2. These ABA UNLIMITED Conditions are complemented by the ABA ENGLISH General Terms and Conditions (hereinafter, the “General Terms and Conditions”).
1.3. It is the User’s responsibility to periodically check if any amendments or changes have been inserted into these ABA UNLIMITED Conditions or General Terms and Conditions, and to comply with the terms and conditions contained therein at all times.
2. CONTRACTUAL DOCUMENTATION AND ORDER OF PREVALENCE
2.1. In the event of a discrepancy or contradiction, the order of prevalence of the contractual documents that form part of the agreement between the User and ABA ENGLISH is as follows:
(i) These ABA UNLIMITED Conditions.
(ii) The General Terms and Conditions.
2.2. These contractual documents replace any other prior agreement between the User and ABA ENGLISH for the same purpose.
3. CONTENT OF THE ABA UNLIMITED SERVICE
3.1. Through subscription to the ABA UNLIMITED Service, the User will have access to the following services:
(i) Access to the whole Premium ABA English course and content.
(ii) Access to the ABA English platform to take one-on-one or group classes online, with teachers. The User will have unlimited access during the subscription period to take as many classes as they wish, provided there is availability in the teachers’ schedule, which will be open and visible and in which the User will be able to reserve slots.
(iii) Access to subscription of the Basic Plan according to the terms and conditions indicated by Netflix (https://www.netflix.com/signup/planform) in the local market in which the User is registered, if Netflix is available in the User’s country of origin, and on the condition of the User’s compliance with the terms and conditions indicated by Netflix at any given time for said service.
4. ACCESS TO THE CONTENT OF THE ABA UNLIMITED SERVICE
4.1. Within a maximum period of 48 working hours from your registration as a member, your subscription to Netflix and access to the ABA English platform to take one-to-one or group classes online with teachers will be activated.
4.2. With respect to the one-to-one classes accessible through the ABA UNLIMITED Service:
(i) These will have a duration of 30′ and Users will not be able to take more than one one-to-one class per day.
(ii) ABA English will try to have the greatest teacher availability possible to cover the demand at all times. Nonetheless, as these are one-to-one classes, access will be subject to the availability of the teachers who give said classes, for which the User will need to use the calendar, which will allow them to reserve and plan their classes.
(iii) If the User reserves a class and is not able to attend, they must cancel it with a 24 hours’ notice. If the class has not been cancelled accordingly, it will be considered that the User has engaged in a lack of conformity (hereinafter, “Lack of Conformity”). If the User accumulates 5 instances of Lack of Conformity, ABA English shall have the power to terminate immediately the ABA UNLIMITED Service.
4.3. Subscription to the ABA UNLIMITED Service is personal and non-transferable to third parties. If abusive use not in accordance with the conditions set out herein or the General Terms and Conditions should be detected, ABA English reserves the right to cancel the User’s subscription, notifying them of this fact via email.
4.4. ABA English is not liable for the service offered by Netflix to its clients. Should you have any questions or difficulties with said service, please contact Netflix directly (https://help.netflix.com/es-ES).
5. RIGHT TO CANCEL
5.1. Given that these services are provided online, during the first fourteen days after entering into the contract, subscription to the ABA UNLIMITED Service may be cancelled at any time by completing this cancellation form and sending it to the email address firstname.lastname@example.org or by post to our head office at c/ Aribau, 240 – 7º – 08006 Barcelona, the User being entitled to a refund of the amount of said purchase.
5.2. Due to the nature of our services (online English courses and complementary services), the User is informed of the loss of this right to cancel when access to the content of the ABA UNLIMITED Service has begun with his/her express consent, as this is immediately accessible digital content for permanent use.
5.3. In addition to the legal right to cancel indicated above, the User may also cancel the ABA UNLIMITED Service subscription for the following monthly period if they should so wish, from which time they will no longer have access to the content of the ABA UNLIMITED Service and, as a result, the content and services established in clause 3, above.
6. TOTAL COST AND PAYMENT CONDITIONS
6.1. The User undertakes to pay ABA ENGLISH the total cost for the ABA UNLIMITED Service (hereinafter, the “Total Cost”), fully complying with the payment conditions and other requirements established by ABA ENGLISH at all times (hereinafter, the “Payment Conditions”).
6.2. ABA ENGLISH offers its Users the option to pay for the subscription via the online store using Visa or MasterCard cards or any other cards available at any time. The User simply enters the details of the card to be used on the “Payment Information” tab during the purchase process. These details will not be stored by ABA ENGLISH.
6.3. ABA ENGLISH shall have no obligation to provide the ABA UNLIMITED Service if the User has not paid the Total Cost in full or does not comply with the Payment Conditions.
6.4. Should the User violate their obligations regarding the Total Cost, Payment Conditions or any other condition set out herein or in the General Terms and Conditions, ABA ENGLISH reserves the right to suspend the ABA UNLIMITED Service or terminate the contractual relationship with the User.
6.5. ABA ENGLISH may change the Total Cost at any time, notifying the User 15 days in advance. Should the User not accept any new Total Cost, they may cancel their subscription free of charge.
7. DELIVERY OR EXECUTION FORMATS
7.1. Given that all ABA ENGLISH courses are provided online, the delivery or execution format thereof will always be electronic, via the online platform or the ABA ENGLISH App.
7.2. Once the User has paid the ABA UNLIMITED subscription fee, he/she will have unlimited access to the content included in the ABA UNLIMITED Service.
8. GUARANTEES, COMPLAINTS AND REFUNDS
8.1. In the case of a defective product, ABA ENGLISH shall proceed to repair, replace or reduce the price thereof or terminate the contract, as applicable, all of which shall incur no charge for the User. ABA ENGLISH shall be liable for any lack of conformity arising within a period of two years after delivery. The User must inform ABA ENGLISH regarding the lack of conformity within a period of two months of their becoming aware thereof.
8.2. All complaints must be addressed to:
ENGLISH WORLDWIDE, S.L. (ABA ENGLISH)
Address: Calle Aribau, 240 – 7º , Barcelona (Spain)
9. CODE OF ETHICS OF CONFIANZA ONLINE
9.1. As a member of Confianza Online and under the terms of its Code of Ethics, in the event of any dispute relating to contracting and online advertising, data protection and the protection of minors, the User may have recourse to CONFIANZA ONLINE’s extrajudicial dispute resolution system (www.confianzaonline.es).
10. LANGUAGES IN WHICH THE CONTRACT MAY BE SIGNED
10.1. The contract between ABA ENGLISH and the User may be signed in Spanish, English, Italian, French, Portuguese, German and Russian.