GENERAL TERMS AND CONDITIONS
1. APPLICATION SCOPE
1.1 These general terms and conditions (the "General Terms and Conditions") are those applicable to the provision of English language teaching services between the company operating the Kids&Us school (the "Provider") and the Client as identified at all times in the Special Conditions in force between the Provider and the Client (together, the "Parties").
1.2 For the purposes set out in the General Terms and Conditions:
a. the "Special Conditions" are part of the Enrolment Contract (as such term is defined in paragraph 5).
b. the "Client" refers to the person who, in their own name or in the name and on behalf of a minor under their guardianship or parental authority, contracts the Services of the Provider, without the Services being transferred by the Client to third parties or being used by persons other than the Client or the minor under their guardianship or parental authority who is registered as a student at the school.
c. the "services" refers to the English language teaching services, under the Kids&Us system, contracted by a Client to the extent set out in the Special Conditions which, in any event, shall be provided by the Provider in accordance with the Enrolment Contract.
d. the “contract” consists of the Special Conditions, the General Terms and Conditions, the Specific Conditions, the Terms and Conditions of My Way, the Health Declaration (if appropriate) and the Alpha Card.
e. "Mousy" means students from year 1 of the first year of the Kids&Us methodology.
f. "Linda" means students from year 2 of the first year of the Kids&Us methodology.
1.3 In case of contradiction, the Special Conditions shall prevail over the General Terms and Conditions and the Specific Conditions, and the General Terms and Conditions shall prevail over the Specific Conditions.
1.4 Acceptance of these general terms and conditions by signing the Enrolment Contract implies that the Client:
a. Has read, understands and comprehends what is set out herein and has had the opportunity to ask the Provider the necessary questions to resolve any doubts that they may have.
b. Is a person with sufficient capacity to enter into the contract.
c. Assumes all the obligations resulting from the contract.
1.5. The General Terms and Conditions may be amended for legal, regulatory, security or commercial reasons, only if, after the proposed amendments have been sent to the Client, the Client accepts them voluntarily and without reservation. Said consent shall be understood to have been given if thirty (30) calendar days after they have been effectively delivered to the Client (with acknowledgement of receipt) or after the Client has been informed of their existence on the Provider's website https://www.kidsandus.sk/sk/ the Client does not express written opposition to the incorporation of the aforementioned modifications.
2. SERVICES
2.1 Prior to the acceptance of this contract, the Client has been informed, by email or on paper, of the following aspects:
i. the complete catalogue of the courses offered, with their essential characteristics and objectives, as well as duration and hours, and the main features of the teaching system based on the Kids&Us method;
ii. identification details of the Provider (with an express indication that it is acting on its own account), as well as of the school where the Services will be provided;
iii. the price of the course for which the Client has expressed interest, including all taxes and fees, as well as the cost of the materials (as such term is defined in section 2.11) (collectively, "price") which the Client must necessarily bear and which is necessary for the implementation of the course because it is inherent to the Kids&Us teaching method, as well as the conditions and means of payment;
iv. the need for the Provider, for organisational reasons, to know the number of enrolments prior to the start of each school year and, therefore, the annual enrolment procedure to be carried out electronically on an annual basis;
v. the Client's right of withdrawal under the terms set out in paragraph 3;
vi. the content of the General Terms and Conditions, having given the Client the opportunity to ask questions in relation to these general terms and conditions.
2.2 The services will be provided at the school detailed in the Enrolment Contract.
2.3 Timetable and duration of classes depending on the course:
a. Babies (Mousy-Linda): the standard duration of the Babies classes will be 45 minutes, once a week. In the case of having only 1 student, the duration of the class will be 30 minutes because it is adapted to the concentration capacity of the students at an early age and because all the attention is focused on this single student. In the case of Babies classes in partner schools, the duration of the class will be 30 minutes.
b. Kids (Sam to Pam&Paul): the duration of Sam to Pam&Paul classes will be 60 minutes, once a week.
c. Ben&Brenda: the usual class duration for Ben&Brenda courses will be 90 minutes, once a week.
d. Tweens 1 and 2: the usual class duration for Animal Planet courses will be 60 minutes, twice a week.
e. Tweens 3 to Teens 4: the usual class duration for Fairy Tales, Mysteries and The Future courses will be 90 minutes, twice a week.
f. Teens 5 Teens 6: the usual class duration for Subscription courses will vary depending on the chosen mode: 90 minutes, twice a week or 90 minutes, once a week.
g. In the case of one-to-one classes (one student only), the length of the class may vary according to the programme established by the school to that effect.
2.4 In the case of classes that do not follow the Kids&Us methodology, timetable, class duration, number of students, start date, end date, and/or material used may varied across schools.
2.5 The specific timetable of the classes will be the one stated in the Special Conditions and, therefore, may vary each academic year, depending on the chosen course and the number of students assigned to each course that may be available at any given time.
2.6 The courses will start, generally, during September of each calendar year and will end during June of the following year. The school will communicate the exact dates and the calendar of school days.
2.7 Classes marked in the school calendar which, for whatever reason, a student does not attend cannot be rescheduled, recovered, or reimbursed.
2.8 The maximum number of students per class will be five (5) for the Babies course and eight (8) for the rest of the courses. In the case of Babies classes taught in partner schools, the maximum number of students per group will be eight (8). In the event that after a month of the start of the academic year the number of students per class is three (3) or less, and there are no other groups that can absorb these students, the Provider reserves the right to dissolve the group and, in this case, shall refund any amount that the Client has paid in registration fees during this time period, including the cost of the materials referred to in paragraph 2.11.
2.9 During the re-enrolment period, the Provider reserves the right to modify the group composition until the final composition is confirmed by email to the Client.
2.10 Mousy students will be accompanied by a legal adult during the whole course whereas Linda students will be accompanied by a legal adult during the first few months of the course. The students will not be accompanied by an adult in partner school classes.
2.11 The teachers have the appropriate academic or professional qualifications to teach the courses. The contracting of the Services by signing the Enrolment Contract implies that the Client knows and accepts that said Services are based on the Kids&Us non-regulated teaching method which, in addition to the student's attendance in person at the school, requires the use of its own educational materials (the "materials"), the cost of which will be assumed by the Client, and which, without prejudice to the adaptation of said materials to the needs of each course.
The materials will consist of physical and digital content, depending on the stage. These have been created with the objective to offer the students a global experience that starts in the Kids&Us classroom and is complemented outside the classroom. The materials of each course will be communicated at the beginning of each school year by means of the “Material Catalogue”.
2.12 The Services are considered as non-formal education and, therefore, any diplomas or certificates that may be issued by the Provider are not of an official nature. The Provider prepares students for examinations leading to internationally recognised diplomas, if they wish to take the exams. The price for the rights to obtain said diplomas will be included in the course price offered by the Provider if they explicitly state so.
3. RIGHT OF WITHDRAWAL
3.1. The Client shall have the right to withdraw from the Services within fourteen (14) calendar days from the signing of the Specific Conditions, without the need to state the reason and without incurring any costs. If the right of withdrawal is exercised by a Client, the Provider shall be obliged to refund all amounts paid by the Client, using the same means of payment used by the Client for the initial transaction. The amounts corresponding to the materials shall only be reimbursed upon return of the materials, without having been used.
3.2. The right of withdrawal regulated in this section may be exercised by any written means and, if it is exercised unilaterally by the Client, the Provider will have to notify the Client without delay, on a durable medium, of the acknowledgement of receipt of said withdrawal.
4. PRICE
4.1. The Client shall pay for the Services the following concepts, the amount and terms of payment of which shall be those which at each moment result (indicated in current legal currency of the country) from the Special Conditions:
a. Enrolment, as applicable.
b. Price of the course, as applicable.
c. Material.
d. Taxes which, where appropriate, are applicable in accordance with the legislation in force.
4.2. Unless otherwise stipulated in the Special Conditions:
a. The enrolment fee will be paid after signing the Enrolment Contract.
b. Payment for the materials shall be made after signing the Enrolment Contract.
c. The price, which will be the one resulting from the Special Conditions, is a lump sum and, therefore, has been calculated taking into account the characteristics associated with the course without the periodic payments that have been agreed between the Parties being retributing the teaching hours relating to that specific period. Therefore, in the event that, for any reason whatsoever (holiday, illness, force majeure or any other cause) a client does not receive the number of teaching hours corresponding to the period to which one of the periodical payments of the Price refers, they will not be entitled to a refund in respect of these hours, nor to the recovery of these classes.
d. The taxes applicable in each case shall be paid in accordance with the terms set out in the regulations in force.
4.3. The Provider shall only be obliged to refund the enrolment fee and material fee in the cases foreseen in sections 2.8 and 3. Without prejudice to the provisions of the applicable regulations, the Provider shall not be obliged to refund the amount of the enrolment fee or the material fee in any other case. In particular, the Client understands and accepts that withdrawal from the course, for whatever reason, or the termination by the Client of the relationship with the Provider shall entail the loss of these amounts.
4.4. In the event that the Client has paid by direct debit any of the amounts included in the consideration for the Services and any of the receipts are returned, all costs associated with this circumstance shall be borne by the Client with full indemnity for the Provider.
4.5. Any discounts, price reductions and/or other rebates shall require the prior written agreement of the Parties.
4.6. Both the enrolment and the courses are personal and non-transferable and, therefore, no person other than the student stated on the Enrolment Contract may attend the courses contracted by the Client.
5. ENROLMENT CONTRACT
5.1. The Services shall be initially contracted by the Client by signing the corresponding enrolment contract (the "Enrolment Contract") which shall be formalised in writing by email. Each Enrolment Contract must contain at least the following information:
a. The identification of the Client and the student for whom the Services are contracted, as well as the relationship between the Client and the student and the accreditation, where applicable, of parental authority or guardianship in respect of the same.
b. The Services requested, indicating the course in which they are interested and the details and characteristics of the course.
c. The consideration for the Services.
d. Express reference to the revision made by the Client of the General Terms and Conditions, as well as the possibility offered by the Provider to the Client to make enquiries and, in addition, the express acceptance by the Client of the General Terms and Conditions and, where applicable, the statement regarding access to the pre-contractual information referred to in section 1.4.
e. The Client's consent to receive by email, or in the space created for this purpose on the Provider's website or by any other means agreed between the Parties, the information and Enrolment Contract for successive courses, which may be contracted remotely and to which these general terms and conditions shall be applicable in all cases.
f. In the document ("Alpha Card"), the Client's consent to the processing of his/her personal data, voice and image, as well as the statement of his/her rights in this area and how to exercise them, and the identification of those responsible for such processing.
5.2. The Enrolment Contract shall not be binding on the Parties until the acceptance of the Provider has been sent to the Client by email or by the same method by which the Enrolment Contract was sent (the "Acceptance"), from which date the relationship between the Parties shall be deemed to have been perfected.
Without prejudice to the transmission of the Acceptance by the Provider, the Provider shall be obliged, in any case, to keep a digitalised copy of the Enrolment Contract and its Acceptance at the school as proof of the contract entered into.
5.3. The Provider is under no obligation to accept any Enrolment Contract and therefore reserves the right to reject them without any liability whatsoever for the Provider.
6. RE-ENROLMENT
6.1. Annually, before the end of the school year (approximately between the months of March and May), the Provider will send the Client written communication, by email, for the purpose of providing the Client with all the information resulting from the paragraph 2.1 (the "Re-enrolment Notification") in relation to the next school year and, in addition:
a. The possibility of formalising the re-enrolment for the new school year (the "Re-enrolment"), both in person at the school or remotely by electronic means by filling in the Enrolment Contract.
b. Explicit mention that:
i. The filled in submission of the Enrolment Contract will imply, after its Acceptance by the school, the obligation of payment by the Client of the consideration for the new course in the terms resulting from the Special Conditions, as well as the acceptance of the General Terms and Conditions.
ii. Upon acceptance of the Enrolment Contract by the Provider, the terms and conditions of the Enrolment Contract, shall govern the relationship between the Parties until the completion of the newly contracted course.
iii. The Provider shall send its Acceptance to the Client, for filing, by means of a durable medium.
iv. Regardless of the Provider’s forwarding of the Acceptance of the Enrolment Contract to the Client in accordance with the provisions of this paragraph 6.1, the Provider shall, in any case, be obliged to keep a digitalised copy of the Enrolment Contract by the Client and its Acceptance by the Provider at the school as proof of the contracting carried out.
6.2. The applicable regulations for remote contracts by electronic means shall apply to the Re-enrolment at all times.
7. COMPLAINTS
7.1. The Client may address any complaint relating to the Services by means of the complaint forms available at the school.
7.2. In accordance with the provisions of the applicable national regulations, the Client is informed that they, when applicable, may submit a complaint relating to the Services in those cases provided for by law to the platform for alternative dispute resolution with consumers or equivalent competent body, and the Provider is not obliged to participate in the same.
8. LIABILITY FOR DAMAGES
8.1. The Provider assumes full liability in respect of the Services and shall be liable to the Client for any damages caused to the Client due to causes attributable to the Provider or to its professionals or employees as a result of malice or gross negligence on the part of any of them. Apart from such cases to the extent permitted by applicable laws, the liability of the Provider, which shall only be for the direct damage actually caused to the Client (excluding, therefore, loss of profit or reputational damage), shall be limited to the amounts received by the Provider from the Client in consideration for the Services.
8.2. To the extent permitted by applicable laws, in no event shall the Provider be liable for any damages arising out of, or caused, in whole or in part, as a result of misrepresentation, concealment or any other conduct of the Client, which was wilful or negligent, or not in accordance with the principles of good faith, or for breaches arising out of causes beyond its reasonable control.
8.3. The liability of the Provider towards the Client in relation to the Services is conditional upon the Client submitting a written claim, determining in sufficient detail the nature of the claim and the amount claimed, except in the case of wilful misconduct, in which case the legally established limitation period shall apply.
8.4. The Provider's liability, if any, shall be solely towards the Client. The Provider shall not be liable for any damage that may be caused to third parties.
9. MY WAY
9.1. It is the educational application that the Provider makes available to the student. My Way complements the work done in the classroom and provides personalised learning pathways to ensure each student achieves the communicative objectives of the course.
9.2. In order for students to use My Way and enjoy this service, it is necessary to become a My Way user. To become the condition of user, the Client must accept the terms and conditions of the application, gathered in the Enrolment Contract under the name Terms and Conditions of My Way.
10. TERMINATION OF THE SERVICE RELATIONSHIP BY THE CLIENT, STUDENT UNENROLMENT
10.1. The Client may terminate their relationship with the Provider at any time and, therefore, the student may withdraw from the course in which they are enrolled at any time, by means of written communication addressed to the attention of the management of the school.
10.2. The amounts paid for enrolment and materials are non-refundable, except in the event of withdrawal by the Client or in the event of termination of the contract by the Client based on a breach by the Provider and, therefore, early termination of the contract by a Client shall not entitle the Client to request a refund of such amounts, nor any other amounts already paid as within the price of the course.
Therefore, if the effective date of the termination (or withdrawal of the student) does not coincide with the last school day of the payment period established in the Special Conditions, the Provider shall take possession of all the amounts already paid by the Client without the latter being able to claim a refund of any amount, even if they have not received all the classes of the aforementioned period. On the other hand, once the contract has been terminated, the Client shall not be obliged to pay any amounts that have not yet accrued.
11. TERMINATION OF THE SERVICE RELATIONSHIP BY THE PROVIDER
11.1. The Provider may terminate this contract and the provision of Services where:
i. the Client fails to comply with the payment obligations assumed under the contract;
ii. the student demonstrates repeated lack of discipline, or actions that are detrimental to the teaching progress, without the right to a refund of any amounts that may have been paid, as compensation for the damage caused.
12. FORCE MAJEURE
12.1. In the event of closure of the school or the impossibility to provide the Services in person, as a consequence of a force majeure situation affecting the entire Kids&Us schools network, the Provider will offer the Client a fully digital model, with 100% online content or synchronous classes depending on the course.
12.2. The digital model will be duly communicated to the Client and will not entail a modification of the consideration agreed to in the Special Conditions for the course.
12.3. For the purposes of these General Terms and Conditions, "force majeure" means any fact, circumstance, event or occurrence (regardless of its cause) that is unforeseeable and unavoidable and that prevents the provision of the Services, provided that it is not attributable to the Provider and there is a causal relationship between the impossibility of carrying out the provision of the Services and the aforementioned fact, circumstance, event or occurrence.
13. DATA PROTECTION
13.1. The identification of those responsible for the processing of the personal data, the voice and image of the Client, the rights that protect the Client in this area by the mere fact of ceding the use of the same to specific and previously recognised data controllers, as well as the purpose, conservation, recipients and other requirements established by the regulations for the said data shall be expressed, individually, in the attached document "Alpha Card".
More information is available at https://www.kidsandus.sk/sk/zasady-ochrany-osobnych-udajov-spracovanie-informacii/
14. APPLICABLE LAW AND JURISDICTION
14.1. The contract shall be governed by Slovak law.
14.2. Any conflict or discrepancy between the Parties arising from this contract shall be resolved by the Courts and Tribunals of the Client's domicile, expressly waiving any other jurisdiction that may correspond to the Parties.