Terms & Conditions
By using this website you agree to the following Terms and Conditions.
1. Introduction
Math Koala – hereinafter known as the “Website Owner” – including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”, and including but not limited to the URL and websites https://www.mathkoala.com provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law, or residual, as to the sequence, accuracy, completeness or reliability of the information, opinions, and share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website and its terms and conditions. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trademarks, names, logos, and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner of this Website is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner of this Website. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish a post, distribute, or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trademark, other applicable United States or international laws, or intellectual property rights of the Website Owner or any other third party;
5.5 submit content containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7. Email & Personal Information
Your email and personal information will not be sold or shared with any 3rd parties. Upon signing up on the site – for a paid class or free trial class – your email and contact information will be stored in our system. This contact information will be used to contact you with regards to the scheduling of classes, general correspondence from Math Koala staff, and to inform you of promotions being offered by Math Koala and other Coach Tony Le LLC companies.
8. Data Collection & GDPR Compliance
By signing up for a trial class or creating an account with us, you consent to us gathering certain information about you, in order to process your order. This may include (but is not exclusively limited to) information such as your full name and email address (so we can update you about your classes), your IP address (this is securely collected by our payment system so that we can validate your payment information and prevent fraudulent orders), and the order will be added to your purchase history, which we also retain, in order to be able to help with inquiries and see which customers have ordered in the past.
For the purposes of placing your order, we use a secure third-party payment provider who will securely handle transaction information (our website is secure to the highest level of PCI Compliance via PayPal, and Stripe, 2 of the world’s most secure, best-known, and most reliable payment systems). If you place an sign up for a trial lesson and create an account you will be opting into marketing communications, or, if you sign up to our email list via our website, we may use this information to process your order (if you’ve processed an order), to contact you about an order, or, to notify you about appropriate company information such as newsletters, sales, updates, news information, etc. You may opt-out of these communications at any time, either by contacting us or by clicking the “Unsubscribe” link in the email. We use a secure, third-party email provider to store and manage email subscription information.
You may request for us to delete your customer information at any time, by contacting us. We will carry out this request within 30 calendar days.
9. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law, or residual) regarding the website, the information contained on the website, your or your company’s personal information, or material and information transmitted over our system.
9.1. Disclaimer of liability for all our Online Classes.
The Website Owner of Website shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any class price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9.2. Disclaimer of liability for 3rd Party Applications, Websites & Hardware.
Partaking in the services offered by this Website may require the use of some 3rd party software & websites including but not limited to Skype, Google Hangouts, Facetime, Zoom, or external educational websites as well as the use of 3rd party video camera and microphone devices. This Website and the Website Owners are not responsible for the updating or maintenance of any of the 3rd party systems used. These 3rd Party Applications & Hardware may have their own terms and conditions of use and privacy policies and your use of these 3rd Party Applications & Hardware will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that this Website does not endorse and is not responsible or liable for the behavior, features, content, or misuse of any Third Party Application.
10. Teacher Relationship to this Website
All teachers listed on this Website are independent contractors and may also provide services for other businesses. This Website is not legally liable for the actions taken by the independent contractors. If you would like to report any inappropriate action taken by one of the independent contractors on this Website, please contact us at support@mathkoala.com.
11. Pay-As-You-Go Plans
These policies apply to the Pay-As-You-Go classes for one-on-one tutoring in all languages:
(i) Classes can be scheduled with 24-hour notice or more.
(ii) Classes can be canceled with 24-hour notice or more at no charge. If they are canceled with shorter notice the class will be billed.
(iii) Classes can be scheduled up to 8 weeks in advance.
(iv) Refunded hours will be calculated by billing for the hours taken as outlined on our costs page. This means if you buy 50 hours and get the hourly price for 50 hours, but then ask for a refund after 10 hours you will be billed at the 10-hour price and refunded the remaining.
12. Bulk Plans
These policies apply to all bulk packages including but not limited to Unlimited Spanish Program, The Guaranteed Fluency Program, The Guaranteed Conversational Program, and The Zero to Conversational packages.
(i) Lessons are limited to 4 hours a day.
(ii) Classes can be scheduled up to 2 weeks in advance.
(iii) Unlimited Spanish packages cannot be transferred to other people.
The package users are required to adhere to the following ‘Fair Usage Policy’ criteria:
- A maximum of 8 hrs of classes (total) can be scheduled in advance.
- Classes must be spent learning Spanish with the teacher following our curriculum or classes to complement the curriculum. We know this may sound obvious but we had a student watch TV in Spanish and use the teacher as a translator. That is why we had to add this clause.
- Existing scheduled classes will be canceled following 2 consecutive no-shows/missed classes. They can be rescheduled again as needed following their cancellation.
Unlimited Spanish
Additional terms for our Unlimited Spanish program.
- Classes can be taken for 365 days after the enrollment day.
- If a refund is requested, the classes already taken will be billed at full price based on our highest hourly price and the remaining will be refunded within 30 days.
Zero to Conversational Spanish
Additional terms for our Zero to Conversational programs.
- Classes can be taken for 120 days after the enrollment day.
- If a refund is requested, the classes already taken will be billed at full price based on our highest hourly price and the remaining will be refunded within 30 days.
13. Group lessons
These policies apply to all group lessons, including but not limited to Group Grammar lessons and Group Conversational lessons.
(i) Group lessons will be limited to 6 students per lesson max.
(ii) Each class will take between 30-90 minutes depending on the topic. Class length will be specified on the class registration form.
(iii) Group classes can be booked up to 2 weeks in advance.
(iv) If a student missed 2 classes in a row with no notice all future classes will be canceled in the system. They can be rescheduled again.
(v) Classes may be recorded and shared with the students so they can go back and watch the classes. These recordings cannot be shared by the student with any outside party. Doing so will result in immediate termination of the subscription and may lead to legal action taken against the violator.
(vi) Group classes follow a strict policy of respect for other students and their opinions. Anybody violating this policy – as judged by the teacher – will be removed from the program and have their account canceled. There will be no refund given.
14. Refunds & Class Cancellations
All payments for Classes and/or Gift Vouchers are non-refundable.
Pay-as-you-go private lessons will be refunded as follows:
(i) A 100% refund of the purchase price of all unused class credits will be made providing an email request is received at support@mathkoala.com within 7 days of purchase, class credits that are already used will be charged at our standard hourly rate for each singular class taken for the said package.
(ii) A refund of 90% after 1 week or before 6 months after the purchase date. The 10% is to cover fees we incurred receiving and sending the payment.
(iii) No refunds will be given on the remaining hours 6 months after the purchase date.
(iv) Purchased credits are valid for 12 months after the purchase date.
(v) No refund or credit will be given for FREE classes given or requested either alone or as part of a package, as such FREE classes shall be considered to have no monetary value and each FREE class only becomes FREE after a Student has used all their paid classes.
Group Subscription refunds are as follows:
(i) No refunds available after payment for a month. You can cancel the subscription at any time and you will not be billed for future months, but no refund will be given for the remainder of the month.
Unlimited Spanish/Guaranteed Fluency program refunds are as follows:
(i) Full refund in the first 30 days.
(ii) No refunds available after 30 days.
Guaranteed Conversational/Zero to Conversation program refunds are as follows:
(i) Full refund in the first 7 days.
(ii) No refund after 7 days.
General Refund Policies:
(i) Refunds will be made Paypal.com no matter the payment method used for the initial payment. People who do not have a PayPal account will need to create a free one and connect it to their bank account in order to get their refund.
(ii) Refunds of classes bought at a discounted or promotional or bulk rate – When a Student buys classes at a bulk, discounted or promotional rate then it is assumed that the Student will take all of the classes they originally bought. Should the Student wish to apply for a refund during the refund periods available as detailed above, then the discounted or promotional price they received will not apply and they will only be granted a refund assuming that each class that they have taken has already been charged at our normal standard hourly non-discounted rate for the package that the Student had selected, and any refund will only be calculated with any excess money left over.
(iii) No refunds for digital products like the video course or audio course will be given.
(iv) Exception to refund policies can be made in the event of a medical emergency or personal emergency. These are considered on a case-by-case basis.
15. Guaranteed Course Terms & Conditions
The guarantee applies to The Guaranteed Fluency Program, The Guaranteed Conversational Program, and The Zero to Conversational packages.
(i) The guarantee is that if you do not reach the level of a language as indicated on each package, as evaluated by a 3rd party evaluator, then classes are free until you do reach that level.
(ii) The guarantee is contingent on the student following the curriculum outlined in each course – along with any supplemental material deemed necessary by the teacher.
(iii) The guarantee is contingent on the classes being taken at the frequency outlined by each course. For example, for the Guaranteed Spanish Fluency program, the student must take at least 2 hours of 1-on-1 lessons per week with at least two group lessons a week for the time it takes to complete the curriculum.
(iii) The course must be completed in the time indicated, or the guarantee is not valid. For example for the Guaranteed Spanish Fluency program, the course must be completed 12 months from the purchase date.
(iv) The student must attend calls with their Student Advisor when requested to evaluate progress and make adjustments to the course where necessary.
(v) The student can take no more than a total of 2 weeks off from the lessons during the course. This is to ensure that progress is not lost during that time. These courses are 100% online, so even if you are traveling you can still take the classes at a time that fits your schedule.
(vi) Guaranteed courses cannot be transferred to other students once the course has been started.
(vii) Any violation of the terms of use of Math Koala will void the guarantee. This includes but is not limited to:
- Being consistently rude and/or disrespectful to the teacher.
- Using lesson times on things other than learning Spanish
- Booking and missing more than 5 classes in a row.
16. General Class Policies
16.1 Rescheduling or Cancellation of Classes
A class may be rescheduled or cancelled by writing an Email to hello@mathkoala.com or their teacher no later than 24 hours before the original class reservation. A class reservation is considered to be any communication in which the teacher confirms the class. This can be via email, Skype chat, speaking on Skype or scheduling on the Math Koala student calendar. Any cancellation after 24 hours before the class then the full class credit is payable and will not be re-credited. If no rescheduling has been done and a Student fails to attend the class then that will be deemed as though they have attended and they will be charged for that class.
16.2 Class Attendance
The Teacher will wait for 15 minutes from the start time of the class and if after 15 minutes the Student does not connect to Skype and start the class then the Teacher will treat that class as having been taken and no refund will be given for nonattendance.
16.2.1 Cancellation by the Teacher
Occasionally the Teacher may have an unavoidable emergency or illness that could result in them having no option other than to cancel your class for that day or week. When this happens you will be sent an Email as soon as the Teacher knows. You as the Student will not be charged the class credit for the canceled classes and you are free to re-book your class or classes at a time when the Teacher advises you that they can recommence work.
16.3 Class Scheduling
Classes are scheduled by contacting your teacher directly or if necessary the class coordinator at info@livelingua.com. All classes must be scheduled at least 24 hours in advance.
16.4 Group Classes
When a Group Class is offered or a Group Price is given, that price is given to ONE person even if they decide to have another person join the class.
When a group class has been purchased then it is solely the responsibility of the person paying for the class to ensure the other classmate attends the classes. No refunds are offered for any group classes purchased under any circumstances.
16.5 Academic Class Hour
Each class that is listed as a one-hour class will be allocated a class of 60 minutes. Therefore, all the one-hour classes will each have a duration of 60 minutes unless otherwise stated.
16.6 Class Recordings
Classes may be recorded for students to review and for quality control. These recordings will only be shared with the students who take part in the class and Math Koala staff. In the event of Math Koala would like to share the recordings publicly we will get signed permission from all participants before doing so.
17. Gift Cards
17.1 In order to purchase a Gift Certificate, you will need to register an account with us through our Website. Gift Certificates ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. Our Gift Certificates include unique numbers and configurable patterns.
17.2 Our Gift Certificates must be redeemed on www.mathkoala.com, as full or part payment of products from our Website. A Gift Certificate cannot be used to purchase a further Gift Certificate.
17.3 When ordering a Gift Certificate, you should ensure to enter the recipient’s email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Certificate.
17.4 Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift vouchers.
17.5 Gift Certificates are fully refundable by the buyer if none of the credit has been used.
17.6 If a Gift Certificate is used, all value is transferred to the user.
17.7 Gift Certificates cannot be exchanged – in part or in full – for cash.
17.8 Gift Certificates may only be redeemed against products purchased in the same currency as the Gift Certificate.
17.9 We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
18. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the United States of America). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
19. 3rd Party Sign Ups
If you are signing up somebody else for the services offered on this website (i.e. a business signing up employees, a school signing up students, a parent signing up a child, etc) you agree that it is your responsibility to inform the person or persons you are signing up of the terms and conditions of this Website.
20. General
20.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit nor implied representation, warranty, promise, or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings, or representations and terms and conditions, whether written or oral, between you and the Website Owner in respect of your use of the website. The entire terms and conditions are updated regularly and it is the customer’s own responsibility to keep themselves informed of the latest conditions that affect them and their class or homework purchases.
20.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies, or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then-current version each time you visit the website.
20.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms, and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
20.4 Waiver
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
20.5 Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies, and notices to any third party.
20.6 Severability
All provisions of any relevant terms and conditions, policies, and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies, and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness, or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro nonscript to and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
20.7 Applicable laws
Any relevant terms and conditions, policies, and notices shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Massachusetts, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices, or any matter related to or in connection therewith.
20.8 Privacy Policy.
Please see our privacy policy page for full details.
20.9 Comments or Questions
If you have any questions, comments, or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices, or the way in which we are handling your personal information please contact us.
Contacting us
If you have any questions about these terms and conditions, the practices of this site, or your dealings with this site, please contact us at:
5872 Edinger AveHuntington Beach, CA92649USA714-988-3966hello@mathkoala.com
This document was last updated on April 13, 2023