Terms and conditions of contract

1. OBJECT AND SCOPE OF APPLICATION

These general terms and conditions of contracting (the “Terms and Conditions”) regulate the contracting, through the website gce-onboarding.kidsandus.com (the “Website”), for the right to obtain the official qualification certifying the candidate’s English level, issued by TRINITY COLLEGE LONDON (company number 02683033); registered charities no. 1014792 (England and Wales) and SC049143 (Scotland)), (“Trinity”), once the official Examination for the “Global Communication in English Examinations”, qualification issued by Trinity, taught and assessed by Kids&Us within the framework of its training, has been passed, in accordance with the equivalence of levels established by Trinity and Kids&Us (the “Examination”).

The service for managing the issuance of the "Global Communication in English Examinations" certificate in digital format is offered and marketed directly by KIDS&US ENGLISH, SL , with Company Tax ID (CIF) B-64622087 and registered office at Avinguda Tudela, 12, 08242 Manresa, Barcelona (“Kids&Us"), in its capacity as “Validated Course and Assessment Provider 76175” (course and assessment provider number 76175 validated by Trinity), within the framework of the existing contractual relationship between Kids&Us and Trinity.

Only students enrolled in a level with an Examination at a Kids&Us school, whose families have signed the enrolment or re-enrolment contract for the corresponding school year (the “Students”), will be eligible for qualification.

2. ACCEPTANCE AND FORMALISATION OF THE CONTRACT

2.1. For the purposes of these Terms and Conditions, “User” shall be understood to mean the natural person of legal age who formalises the contract.

2.2. The contracting process through the Website is carried out through the following steps: (i) selection of the Examination level; (ii) verification of the Student’s data uploaded by Kids&Us onto the Website; and, (iii) completion of the registration form by the Student's parents or legal guardians; (iv) viewing of the registration summary and the applicable price; (v) reading and express acceptance of these Terms and Conditions by checking the box enabled for this purpose; (vi) clicking of the “Proceed to payment” button; and (vii) payment of the corresponding amount through the payment gateway. Once the procedure is completed, the User will receive confirmation in accordance with clause 2.4.

2.3. Prior to the final confirmation of the registration, the Website shows the User a summary of the data entered by the latter, so that the latter can identify and correct any possible errors in its entry before formalising the contract. If, after completing the registration, the User detects an error, they can report it via [email protected] to correct it. Since the Student's data will not have been entered by the User, but pre-loaded automatically by the system, it will not be possible to modify it. If they are not correct, the User should not proceed with the contract, but will have to contact their applicable Kids&Us school to request any modification that may be pertinent.

2.4. Once the registration is formalised, Kids&Us will send the User an email confirmation of the contract within a maximum of 24 hours from the formalisation of the registration. This email will include a copy of these Terms and Conditions, which will apply to your contract and are subject to any subsequent modifications, whether published or not on any Kids&Us website.

2.5. Kids&Us informs you that it archives the electronic documents in which the purchases are formalised and that the User may access them through the contact means indicated in these Terms and Conditions.

2.6. The contract may be formalised in the languages offered to families on the Website. The electronic document will be archived in the language in which it is formalised, in accordance with clause 2.5.

3. NATURE OF THE SERVICE AND RELATIONSHIP BETWEEN THE PARTIES

3.1. The Service consists of the candidate's right to obtain the official "Global Communication in English Examinations" qualification corresponding to their level, based on the result of the Examination carried out within the framework of their training at Kids&Us, and the administrative steps carried out with Trinity for the issuing of the certificate (“Certificate”).

3.2. The following levels of Certificates can be obtained if the Service is contracted and the Student passes the Examination at the end of the corresponding Kids&Us course, as indicated in the following table:

3.3. This contract is formalised exclusively between the User and Kids&Us.

Kids&Us acts as the franchisor of the Kids&Us system and pedagogical method, taught in the Kids&Us schools where the Student is enrolled, and, also, in its capacity as “Validated Course and Assessment Provider number 76175”, validated by Trinity for the delivery and evaluation of the Examinations in order to issue the Qualification.

Trinity acts exclusively as an accrediting body and issuer of the corresponding qualifications. In this regard, and in accordance with the privacy policy, Trinity will have access to the personal data of students who enrol and are therefore candidates for Qualification.

3.4. In order to protect the interests of candidates, Kids&Us may delay the registration of a candidate when, reasonably, and based on the student's results throughout the year, it can be considered that there is a high probability that the qualification Examination will not be passed. The above constitutes a right and in no case an obligation or a duty.

3.5. Kids&Us may exclude certain schools or countries from the qualification process for operational or legal reasons. When the candidate belongs to an excluded school or country, they will not be eligible for Certification. If registration had taken place prior to the exclusion of the school from the Certification process, Kids&Us will inform the User and proceed with the refund for loss of eligibility, in accordance with clause 8.2.

4. REGISTRATION PROCESS

The registration of the Student must be formalised within the deadline communicated by Kids&Us for each call and school year, in accordance with what is expressed on the corresponding web pages or information documents at any time and for each Qualification and call.

5. PRICE, PAYMENT METHOD AND INVOICE REQUEST

5.1. The price of the Service will be the one published on the Website at the time of registration, along with the corresponding taxes if applicable. Kids&Us reserves the right to make any modifications it deems appropriate to the Website at any time and without prior notice, and may update or modify its prices at any time.

The offers and prices published on the Website will be valid while they remain accessible to Users, without prejudice to the modifications referred to in the previous paragraph, which will not affect registrations already formalised.

5.2. Payment will be made at the time of formalisation through the means enabled in the payment gateway (credit card and Bizum in the countries where it is available). The system applies strong authentication in accordance with European payment services regulations, managed directly by the bank through the Virtual POS terminal. This payment gateway will act as an independent controller of your personal data and will process it for its own purposes, in accordance with the privacy policy of the banking entity.

5.3. During the contracting process, the User may select the option "I want to receive an invoice" (or similar wording with the same purpose).

6. CONDUCTING OF THE EXAMINATIONS

6.1. The Examination for Qualification purposes will be carried out within the framework of the services provided by the Student's Kids&Us school. The date and time for the Examination will be communicated by the Kids&Us school within the usual planning of each course. Notwithstanding the foregoing, and for the sole purpose of ensuring that candidates can obtain Qualification, Kids&Us reserves the right to hold the Examination at a location other than the Kids&Us school with which you have signed an enrolment contract. In such a case, Kids&Us will inform the candidate of this change at a reasonable time before the date set for the Examination.

6.2. Failure to pass the Examination in accordance with the applicable Kids&Us regulations at the relevant Kids&Us school shall entitle the Student to sit a further level assessment test (the “Resit Examination”), which shall be organised by the Student’s relevant Kids&Us school or by Kids&Us within a maximum of 120 days from the date on which the Examination was held. Kids&Us may, at its discretion, determine the school or venue where the Resit Examination will be held, informing the Student within a reasonable time.

6.3. Neither failure to attend the Examination or the resit, nor failure by the student to pass the Examination or the resit, shall entitle the student to a refund of the registration fees paid or to carry them over to subsequent Examination sessions.

6.4. Expulsion from the tests for improper conduct implies that the Student will lose their Examination rights for the current session. The student will be excluded and will not be entitled to a grade for their Examination.

6.5. If, for a justifiable reason, Kids&Us is unable to deliver the Trinity qualification to the Student, it undertakes to inform the User and refund the amounts paid by the User in the same means of payment.

6.6. All candidates will have the right to submit claims and requests for review of the marks awarded for the Examination, in accordance with the document “Global Communication in English Assessment Information”, available on the Kids&Us website. Kids&Us will process claims and appeals in accordance with said document, without prejudice to the review procedures that Trinity has established for Qualification.

7. ISSUANCE AND DELIVERY OF CERTIFICATES

7.1. Once the Examination has been passed, Trinity will issue the corresponding Certificate in digital format. To obtain the printed certificate, the User must contact Trinity directly, who will inform them how to process it, of the price and the delivery conditions.

7.2. Kids&Us does not guarantee that the student will pass the Examination; the result depends solely on the student’s performance, as assessed in accordance with the criteria established by Kids&Us.

8. MODIFICATIONS, CANCELLATIONS AND ANNULMENTS

8.1. The User may request to cancel the registration, with a full refund of the amount paid, until 31 January of each year. The application should be sent by email to [email protected]. Once the cancellation has been verified before the end of that period, Kids&Us will refund the amount via the same payment method used, providing a record of the transaction.

8.2. If, following payment, the Student no longer meets the requirements to qualify for the Qualification (including, amongst other reasons, if the Student moves to a level without an Examination or withdraws from the course), the Student may request cancellation of their registration and Kids&Us will refund the full amount paid via the same payment method and inform the User.

8.3. Withdrawal requests made after the date specified in clause 8.1 or cases of loss of eligibility occurring after the deadline for accepting registrations shall not entitle the participant to a refund, without prejudice to the right of withdrawal set out in clause 9 and the consumer’s statutory rights.

8.4. The User declares that the data provided at the time of registration is true, accurate and complete. Should this information be incorrect or change in any way, the User must contact Kids&Us well in advance of the registration deadline so that it can be amended or corrected. Registration will not be completed until the entire registration process on the Website has been completed and the User has confirmed the Student's data as correct. The User is aware that this information, in particular the Student’s first name and surname, is provided to Trinity for the purposes of processing the registration and, where applicable, issuing the Certificate; therefore, any inaccuracy may prevent or delay its issue or result in the document issued being incorrect. Kids&Us and Trinity shall not accept any liability or bear any costs arising from the inaccuracy, outdated nature or falsity of the information provided by the User, including any resulting inability to process the registration or the Certificate, as well as from any inaccuracies in the Certificate.

9. RIGHT OF WITHDRAWAL

9.1. To exercise the right of withdrawal and in accordance with Articles 102 et seq. of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users (“TRLGDCU”), the User who has the legal status of consumer will have a period of fourteen (14) calendar days from the formalisation of the registration to withdraw from the contract, without the need for justification and without any penalty. In order to facilitate the exercise of the right of withdrawal, a sample form is provided as Annex I, which must be sent to the address [email protected]. In any case, the User will be free to communicate the withdrawal without using said template form, by means of an unequivocal declaration.

9.2. In the event of withdrawal by the User, all amounts received by Kids&Us from the User will be refunded without undue delay and, in any event, no later than 14 calendar days from the date on which the User has informed Kids&Us of their decision to withdraw from this contract. Kids&Us will proceed to make said refund using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any expenses as a result of the refund.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY

10.1. The trademarks, trade names, logos and other distinctive signs of Trinity and Kids&Us, as well as the contents of the Website and the Examination materials (statements, tests, evaluation criteria and any associated documentation), are protected by intellectual and industrial property regulations and belong exclusively to their respective owners or to third parties who have authorised their inclusion.

10.2. The reproduction, distribution, public communication, transformation or any other form of exploitation, total or partial, of said materials and signs is prohibited without the express written authorisation of their owner. Failure to comply may result in the exercise of the corresponding legal actions.

10.3. The content of the Examinations is confidential. The Student and the User agree not to reproduce, record, disseminate or disclose by any means the content of the tests, either during the time when they are held or afterwards. Failure to comply with this obligation may result in the cancellation of the Examination and the qualification, without the right to a refund, without prejudice to any applicable legal liabilities.

11. PERSONAL DATA PROTECTION

Personal data related to the processing and management of the candidate's official English level qualification, issued by Trinity College London, will be processed in accordance with the privacy policy available here.

12. MODIFICATION OF THE TERMS AND CONDITIONS

Kids&Us may modify these Terms and Conditions at any time. The modifications will not apply to registrations already formalised prior to their publication, unless they are more favourable to the User or their application is imposed by legal regulation or by the requirements demanded by Trinity.

13. CLAIMS AND DISPUTE RESOLUTION

13.1. Users may submit their complaints via [email protected].

13.2. Kids&Us is not affiliated with any alternative consumer dispute resolution entity. The User can consult the list of accredited entities at the head office of the competent Ministry for consumer affairs at any time.

14. APPLICABLE LAW AND JURISDICTION

14.1. These Terms and Conditions are governed by Spanish law.

14.2. Without prejudice to the mandatory consumer protection rules that may apply, the courts and tribunals of the User's place of residence shall have jurisdiction to resolve any dispute arising from these Terms and Conditions when the User has the status of a consumer.