You must read these Terms and Conditions carefully and you should not agree to these Terms and Conditions unless you fully understand and accept each one. These Terms and Conditions are entered into by and between Hills Learning, and you, whether you are a student or a teacher. By using the services or the website of Hills Learning, you acknowledge agreement with such Terms and Conditions.
Confidentiality - Hills Learning is dedicated to protect your confidentiality and in no way will your records, contact info or anything else be shared with a third party without your consent. Please see our privacy statement for full details.
Recordings - By registering into our classes you consent to having these classes recorded. The recording is only used for review and level check purposes, and will be attached to the lesson notes and sent to you and your classmates only. The link that contains the recording will expire generally after 80 days on zoom, and the recordings are not able to be downloaded.
GROUP CLASS POLICIES
Refund Policy – Group Classes All students get 24 hours after the first class to get a full refund for the class. After 24 hours, no refunds will be offered.
Missed Classes and Credit Transfer – Group Classes No credit will be given for missed classes. Once classes have begun, students are expected to attend all classes.
Makeup Classes – Group Classes Group class students have the ability to book a makeup private lesson for missed classes. There lessons are subject to teacher availability and are an extra cost from the regular group class tuition. Please note, there are no cancellations, reschedules or refunds allowed for makeup classes. Once they are paid for and booked students must attend or forfeit the cost of the lessons.
Teacher Early Departure – Group Classes – 30 Minutes If the teacher is teaching a class and the students have not shown up to the class after 30 minutes, the teacher is allowed to leave and the students forfeit their credit for that class. This is pending that the teacher did not receive any communication from students telling him or her that they would be late.
Cancellation of Group Class Semester Due to Insufficient Enrollment - Hills Learning reserves the right to cancel a group class semester due to insufficient enrollment. The minimum we require in group classes is generally 3 students. If at anytime a student drops out of a class so that only 1 student remains, the remainder of the class will be cancelled.
Removal from Roster After Silent Absence We hope once enrolled that students will attend all classes, however, we understand that conflicts arise and students need to miss classes. We ask students to notify us if they will be missing classes. If a student misses a class 2x in a row and does not notify Hills Learning, we reserve the right to remove them from the roster.
PRIVATE CLASS POLICIES
24 business hour cancellation policy All cancellations must be done via email to email@example.com and done over 24 business hours. If cancellations are done within 24 business hours of the class starting we charge for the class, over 24 business hours there is no charge.
Business hours at Hills Learning are Monday to Friday, 9am to 5pm, excluding holidays. So for example, if a lesson is booked on Saturday after 5pm, Sunday or Monday, those lessons must be cancelled before 5pm on Friday or the lesson will be charged. If a lesson is booked on a Tuesday but it is the Tuesday after a holiday, that lesson must be cancelled before 5pm on Friday or it will be charged.
Even for cancellations over 24 business hours, please note we ask for restraint when cancelling or rescheduling. The best way to keep up language learning is to develop a routine for language lessons where both teacher and student can expect lessons on a regular basis.
payment All payments for private lessons must be received before the second class of the semester. If payment has not been received Hills Learning reserves the right to delay / cancel lessons until payment is received.
partial refund - 24 hours only No refunds will be offered for the first lesson. However, students do get the choice after the first lesson whether to pay for one lesson only or sign up for the full semester of lessons. Students MUST EMAIL WITHIN 24 HOURS after the first lesson to get a refund on their remaining lessons, otherwise, the lessons are deemed activated and no refunds will be offered.
30 minute private no show we hope that all students make it to their classes on time. If a student is late for a private class, the teacher will try to contact the student. If the student still does not show for the class after 30 minutes with no contact to the teacher, the teacher can end the lesson.
SMS COMMUNICATIONS POLICY when registering for a Hills Learning class you provide your phone number as part of the registration process. Hills Learning will reach out to you via SMS in certain instances for communications about classes, usually about last minute attendance or other urgent communications issues. We do not use your phone number for marketing purposes. If you want to opt-out of these SMS messages, let us know anytime and we will add you to a do not contact list.
DELINQUENT PAYMENTS a payment is considered delinquent after 90 days past the invoice date. All reasonable methods will be employed to collect payment directly from the customer by Hills Learning staff, including email and phone calls. If payment is not received within 90 days Hills Learning reserves the right to refer the payment collection to a third party, ie debt collection agency.
MARKETING OF MATERIALS Hills Learning does not post any photos or videos of any active students to social media, newsletters or websites without that student’s permission. Usually if photos are taken that will be used for marketing purposes for active students, permission will be asked ahead of time to be able to post it on the website.
Throughout your time at Hills Learning, you will be asked for feedback and evaluation of your experiences here. Unless requested by the student specifically, Hills Learning does reserve the right to post some contents of these reviews on its website and in marketing materials. We will write the first name and last initial for any student, to protect their confidentiality.
TRIAL CLASS / MAKEUP CLASS / EVENT POLICIES
Refund Policy – Trial / Makeup / Events There is no refund, transfer of credit, or rescheduling options for any trial, makeup or events .
STATUE OF LIMITATIONS ON ALL PURCHASES There will be no credit honored for students who have purchased classes after a 3 month period of non-use.
Meetings with Students Outside of Class Students and teachers are allowed to meet for the specified times and dates for classes. Anything outside of regularly scheduled classes needs prior approval of an administrator at Hills Learning.
Hills Learning acts as an Intermediary for payments Teachers have been introduced to their students through Hills Learning, and it is Hills Learning’s responsibility to manage the payments of teachers and students. Under no circumstances should teachers accept payments from students directly.
Hills Learning’s exclusive right to students Hills Learning has considerable investment in marketing, promotional materials, sales, client services, etc. and reserves the rights for all students obtained through this process. Students agree to not solicit or pay Hills Learning teachers directly during the period from the time that a student learns of such teacher through Hills Learning through the date one year following termination of any teaching arrangement with a Hills Learning teacher, or to cause any other person to so solicit or pay a Hills Learning teacher independent of Hills Learning. Teachers agree not to solicit or teach students independent of Hills Learning for their entire period of being contracted, and for a one year period after being contracted by Hills Learning. A break in this agreement will be understood as the purchase of a “student buy-out” on behalf of the teacher. Each student buy-out will cost the teacher $1,000.00, which shall be due and payable to Hills Learning immediately.
PRIVACY Hills Learning and its affiliate partners protect your privacy. Your contact information, credit card info, and lesson details (including assignments, assessments, and other details of your lessons here) constitute your “personal information”. None of your Personal Information will be given out to a third party of our existing services (other than exchanges of student information with teachers and teacher information with students) without your consent, unless in extenuating circumstances, such as criminal or other investigations requested by government agencies or as otherwise required by law or judicial process.
DISCLAIMER AND LIMITATION OF LIABILITY YOUR USE OF THE SERVICES OF HILLS LEARNING (WHETHER AS A TEACHER, A STUDENT OR OTHERWISE) AND OF ITS WEBSITES IS AT YOUR OWN RISK. NEITHER HILLS LEARNING NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICE AND WEBSITE AND THE INFORMATION AVAILABLE ON OUR SERVICE AND WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH OUR SERVICE AND WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HILLS LEARNING, AND ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF OUR SERVICE AND WEBSITE AND THE INFORMATION AVAILABLE THEREON. HILLS LEARNING DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, ASSURANCES OR REPRESENTATIONS TO TEACHERS OR STUDENTS. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT) IS EXPRESSLY EXCLUDED AND DISCLAIMED. THE TOTAL AGGREGATE LIABILITY OF HILLS LEARNING, INCLUDING ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS TO TEACHERS AND STUDENTS SHALL BE LIMITED TO THE AMOUNT PAID BY A STUDENT OR OWING TO A TEACHER, AS THE CASE MAY BE.
LAWFUL USE OF WEBSITE + SERVICES All users of Hills Learning and its services (including teachers, students and others) are prohibited from acting in an unlawful, harassing or obstructive way. We reserve the right to prosecute to the fullest extent of the law and discontinue any services being offered from Hills Learning for users who exhibit abusive behavior. You agree to indemnify and hold Hills Learning and its subsidiaries, divisions, owners, affiliates, agents and representatives and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your abusive behavior. Examples of abusive behavior include but are not limited to: - being patently offensive and promoting racism, bigotry, hatred or physical harm of any kind against any group or individual; - harassing or advocating harassment of another person; - exploiting people in a sexual or violent manner; - using any resources or any postings that contain nudity, violence, or offensive subject matter, or contain a link to an adult website; - promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; - invading another one’s privacy, or acting in other ways which are objectionable
TERMINATION Hills Learning reserves the right to terminate the use of its services for a specific user at any time, even in absence of a specific business or legal reason. In such event, Hills Learning will not be liable to users of its services.
WEBSITE “AS IS” The website of Hills Learning is provided “as is” and “with all faults” and in no way does Hills Learning guarantee the accuracy of information the website provides. We therefore have no guarantee or warranty on information provided. You assume all risk for damages (including computer viruses) to your computer or for loss or destruction of data that arises from the use of this website.
CONSENT OF POSTING PUBLIC INFORMATION If teachers are contracted by Hills Learning they give consent to their biographical information and likeness being posted publically on our website. Teachers are responsible for the accuracy and content of all information, and any information proving to be false, inaccurate, obscene, pornographic, violent racist, harmful, infringing or otherwise objectionable could result in termination of this contract. Hills Learning reserves the right to copy, edit, and distribute such information for marketing and other commercial reasons on an unrestricted basis and you shall be deemed to have given Hills Learning an irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce and distribute such information. You agree to indemnify and hold Hills Learning and its subsidiaries, divisions, owners, affiliates, agents and representatives and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your information. Students also give consent to Hills Learning to post any opinions they have of our services on our website.
COPYRIGHT / TRADEMARK / SERVICEMARK The materials used and displayed by Hills Learning and its sites, including but not limited to text, software, photographs, graphics, designs, trade dress, illustrations and artwork, video, music and sound, and names, brands, logos, trademarks and service marks, are the property of Hills Learning or its affiliates or licensors and are protected by copyright, trademark and other laws. You agree not to use, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Hills Learning or the appropriate affiliate. Nothing in these Terms and Conditions shall be construed as conferring any license to you to use intellectual property rights, whether by estoppel, implication or otherwise.
AGREEMENT; GOVERNING LAW; EQUITABLE RELIEF This document shall constitute an agreement among Jon Hills, the owner of Hills Learning, and each student or teacher who uses the services of Hills Learning and/or its website. Such agreement shall be governed by the laws of the State of New York and the parties agree that the only proper venue for resolution of disputes concerning its interpretation will be in the state and federal courts of competent jurisdiction located in the City of New York, State of New York. The breach of any of these Terms and Conditions may result in irreparable harm to Hills Learning for which monetary damages would not be an adequate remedy. Therefore, in addition to any other rights and remedies otherwise available to it, Hills Learning shall be entitled to equitable relief, including injunctive relief, in the event of such a breach, without the necessity of proving irreparable harm or that monetary damages would be an insufficient remedy and without the necessity of posting a bond or other security.
MISCELLEANOUS This Agreement (1) does not create any agency or partnership relationship; (2) may be amended or modified at any time by Hills Learning by posting the amended Terms and Conditions on its website but may be amended or modified by a user of the website or services of Hills Learning only with the written consent of Hills Learning; (3) is the parties’ complete and final agreement; and (4) supersedes all oral or implied agreements concerning these services and obligations of Hills Learning, including any prior versions of these Terms and Conditions. If this Agreement is executed in writing (as opposed to electronically), it may be signed in duplicate original, or in separate counterparts, which are effective as if the parties signed a single original. A facsimile of an original signature transmitted to the other party is effective as if the original was sent to the other party. No failure or delay in enforcing these Terms and Conditions or in the exercise of any right hereunder shall impair such right or be construed to be waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or any other right. You may not assign or transfer your rights or obligations hereunder. The invalidity of any portion hereof shall not affect the validity, force or effect of the remaining portions hereof. If it is ever held that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, such restriction shall be enforced to the maximum extent permitted by law.