Terms and Conditions

TERMS AND CONDITIONS OF HOFFI LEARNING S.A. DE C.V.

Last Updated: April 2024

Please read these terms and conditions (hereinafter, the "Terms") carefully before using the website and/or services of HOFFI LEARNING S.A. DE C.V. (as defined below). If you do not agree to these Terms in full, you must not access or use the website of HOFFI LEARNING S.A. DE C.V.

1. GENERAL INFORMATION

1. Terms of Service
   These terms describe the terms and conditions applicable to your access and use of the HOFFI LEARNING S.A. DE C.V. website.
   Your use of the services is subject to these terms and any other rules or policies posted on the website or otherwise made available to you by HOFFI LEARNING S.A. DE C.V. You understand that by creating an account on the HOFFI LEARNING S.A. DE C.V. website, you enter into a legally binding contract with HOFFI LEARNING S.A. DE C.V., effective from this date, and indicate your unconditional acceptance of these terms.
   These terms, as well as the return policy, the privacy policy, and any specific service term available in the legal center, are legally binding agreements that govern the relationship between HOFFI LEARNING S.A. DE C.V. and any user (as defined below) or visitor to the HOFFI LEARNING S.A. DE C.V. page as a user or visitor to the HOFFI LEARNING S.A. DE C.V. page. The collection, use, and sharing of your personal data are subject to the privacy policy, as amended from time to time.
2. HOFFI LEARNING S.A. DE C.V. Services
   You can access and use the HOFFI LEARNING S.A. DE C.V. page as: (i) a registered user looking for online language teaching and tutoring services using the HOFFI LEARNING S.A. DE C.V. page or other available tools provided by HOFFI LEARNING S.A. DE C.V. ("Student"); (ii) a registered user providing online language teaching and tutoring services through the HOFFI LEARNING S.A. DE C.V. page, or other available tools provided by HOFFI LEARNING S.A. DE C.V. ("Tutor"); or (iii) a visitor to the website.
   Throughout these terms, "you" or "your" may refer, as appropriate, to the student, the tutor, or a visitor who accesses or uses any of our services (each the "User").
   HOFFI LEARNING S.A. DE C.V. services include access to the HOFFI LEARNING S.A. DE C.V. page for students and tutors, to connect and receive online language teaching and tutoring services, facilitation of payments between students and tutors, and customer support and related services (the "Services"). All teaching and tutoring services available on the HOFFI LEARNING S.A. DE C.V. page are provided in accordance with the specific service terms described in the legal center.
   You are responsible for obtaining and paying for any necessary equipment and internet service to access the services. We may alter, suspend, or discontinue the HOFFI LEARNING S.A. DE C.V. page or the Services in whole or in part, at any time and for any reason, without notice. The HOFFI LEARNING S.A. DE C.V. page may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. We may provide access to third-party services and products from time to time or to our own products or services. You acknowledge that the HOFFI LEARNING S.A. DE C.V. page is evolving and that the form and nature of the services may change from time to time without notice to you.
3. Modifications to these Terms
   We reserve the right to modify the terms at any time by posting a revised version on the website notifying you through this or via the email address associated with you in case of significant changes.The latest version is posted on this page.
   We recommend that you regularly review this page. If you do not agree to the modifications to these terms, you have the right to terminate these terms by discontinuing your use of the Services and providing a termination notice to HOFFI LEARNING S.A. DE C.V. or by deleting your account. By continuing to use the services after amending these terms, you consent to be bound by the amended terms.

2. OBLIGATIONS

1. Eligibility for Services
   The Services are available only to individuals over 18 years of age who can enter into legally binding contracts under applicable law. Individuals under 18 years of age, but not under 13 years of age, may use our services only with the consent and under the supervision of a parent or legal guardian. The parent or legal guardian shall be responsible at all times for all activities related to the use of the services by the mentioned persons.
   You agree and confirm that you will not allow any person under 13 years of age to use the services.
2. Verification
   HOFFI LEARNING S.A. DE C.V. may request that a tutor provide a government-issued identification document (passport, driver's license, etc.) and documents confirming claimed educational credentials (educational background documents, such as diplomas, certificates, etc.). The tutor will be asked to upload a copy of their government-issued identification document and their educational document(s). As a tutor goes through the verification process, a special badge is added to the tutor's profile, and copies of the uploaded documents are deleted from our servers.
   HOFFI LEARNING S.A. DE C.V. does not endorse or make any representation or warranty about the accuracy, completeness, and reliability of any information provided by the tutor within the verification process.
   HOFFI LEARNING S.A. DE C.V. cannot confirm that each user is who they claim to be. You agree and understand that you assume all risks when using the services, including, but not limited to, all risks associated with any online or offline interaction with other users.
   When interacting with other users, you must exercise caution and common sense to protect your personal safety and property, as you would when interacting with other people you do not know. Neither HOFFI LEARNING S.A. DE C.V. nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the services. HOFFI LEARNING S.A. DE C.V., its affiliates, and licensors shall not be liable for any claim, injury, or damage arising out of or in connection with your use of the services.
3. Consumer Reports
   HOFFI LEARNING S.A. DE C.V. may or may not use third-party consumer reporting agencies that conduct, among other things, criminal background checks, checks on sexual offender registries, checks on motor vehicle records, credit checks, and identity checks ("Consumer Reports"). HOFFI LEARNING S.A. DE C.V. does not endorse or make any representation or warranty about the reliability of such consumer reports or the accuracy, timeliness, or completeness of any information in consumer reports. HOFFI LEARNING S.A. DE C.V. does not independently verify the information in consumer reports.
   By this, you consent to HOFFI LEARNING S.A. DE C.V. collecting, using, and disclosing information in consumer reports. You understand and agree that HOFFI LEARNING S.A. DE C.V. may, at its sole discretion, review and rely on the information in consumer reports to decide whether to suspend or terminate a User account or to investigate a complaint about a user, but that HOFFI LEARNING S.A. DE C.V. shall not be liable or obligated in any way in the event that any information in consumer reports about any person, including, without limitation, any user, is inaccurate, timely, or complete. Users who are the subject of consumer reports may contact the third-party consumer reporting agency to dispute the accuracy, timeliness, or completeness of such information. HOFFI LEARNING S.A. DE C.V. reserves the right to suspend and/or terminate a user account based on the information in consumer reports or for any other reason in the sole discretion of HOFFI LEARNING S.A. DE C.V.
4. Privacy
   You may use the HOFFI LEARNING S.A. DE C.V. website without providing personally identifiable information. When you use the services, you may be asked to provide your personal data. For more information about our privacy practices, please consult the privacy policy of HOFFI LEARNING S.A. DE C.V.
   For the avoidance of doubt, the payment made by the student to HOFFI LEARNING S.A. DE C.V. shall satisfy the student's obligation regarding payment to the tutor for tutoring services provided through the HOFFI LEARNING S.A. DE C.V. website.
   Please refer to the additional payment terms specified in the return policy.
5. Refund
   HOFFI LEARNING S.A. DE C.V. strives to ensure a clear understanding of the financial relationships between students and tutors regarding the services we provide. Please consult our return policy for more information on how we handle refunds. To the fullest extent permitted by law, any refund at any time is subject solely to our exclusive discretion.

3. RIGHTS AND LIMITS

1. Your Right to Use the HOFFI LEARNING S.A. DE C.V. Website
   If you are a student, HOFFI LEARNING S.A. DE C.V. grants you, through the terms set forth herein, a limited, non-transferable, non-exclusive right, limited to accessing and using the HOFFI LEARNING S.A. DE C.V. website solely for your personal non-commercial use.
   If you are a tutor, HOFFI LEARNING S.A. DE C.V. grants you, through the terms set forth herein, a limited, non-transferable, non-exclusive right, limited to accessing and using the HOFFI LEARNING S.A. DE C.V. website for the provision of tutoring services to Students.
   You agree not to view, copy, or obtain content or information from the HOFFI LEARNING S.A. DE C.V. website through automated means (such as scripts, bots, spiders, crawlers, or scrapers), nor to use other data mining technologies or processes to frame, obscure, extract data, or other materials from the HOFFI LEARNING S.A. DE C.V. website (except where the result of the standard use of a search engine or internet browser) unless you are formally authorized by HOFFI LEARNING S.A. DE C.V. under a separate written agreement.
   You agree not to solicit the engagement of tutors to complete assignments, write papers, take exams, or do any work on your behalf. Additionally, you agree not to use the services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution, or workplace.
   No material from HOFFI LEARNING S.A. DE C.V. available to you as part of the services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any way or by any means without the prior written permission of HOFFI LEARNING S.A. DE C.V. or as expressly indicated in these terms.
   You may not share or transfer your account credentials with any third party.
   HOFFI LEARNING S.A. DE C.V. may impose reasonable limits on the scope of your access to the HOFFI LEARNING S.A. DE C.V. website, including limits on the time or volume of information accessed or devices used to access the HOFFI LEARNING S.A. DE C.V. website, to prevent unauthorized use of the services by third parties.
   All rights not expressly granted herein are reserved.
2. Your Account
   Some of our services are exclusively reserved for registered users. To become a registered user, you must create a student or tutor account to access the HOFFI LEARNING S.A. DE C.V. website. You agree that you are responsible for protecting your account credentials against unauthorized use, and you are responsible for all activity that occurs under those account credentials. You agree to notify us immediately if you believe any of your account credentials have been or may be used without your permission so that appropriate action can be taken.
   You may use the website and its features without being a registered user. This does not exempt the application of these terms and other rules and policies of HOFFI LEARNING S.A. DE C.V. applicable to your use of the website, including, but not limited to, when you interact with the website.
   You may not (i) create more than two accounts (one as a tutor and one as a student) to access the HOFFI LEARNING S.A. DE C.V. website, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. HOFFI LEARNING S.A. DE C.V. is not responsible for any loss or damage caused or expenses incurred by you as a result of your failure to protect your account credentials. You agree not to rent, resell, or commercially exploit access to the HOFFI LEARNING S.A. DE C.V. website, nor provide access to the services to any third party.
   When you create an account at HOFFI LEARNING S.A. DE C.V., we may collect certain personal data directly from you, or if you create your account using a third-party service, we may collect personal data about you from that third-party service (your username or user ID associated with that third-party service). By choosing to create an account using a third-party service, you authorize us to collect the personal data necessary to authenticate your account with the third-party service.
   You can select a profile picture or connect your Google or Facebook account to be displayed within your student account. Please note that providing your picture is not mandatory to use our services. You can edit your account at your sole discretion. The security of any personal data you choose to share within your account is subject to our privacy policy.
   When you create a tutor account, it is mandatory to provide your profile picture and video introduction.
   You can edit your account at your sole discretion. Adding more details to your tutor account may help you get the most out of your use of the services, for example, finding more students. Therefore, it is your choice whether to include additional information within your account or not, such as country, language skills, education, and work experience. The security of any personal data you choose to share within your account is subject to our privacy policy.

4. DIRECT INTERACTIONS
HOFFI LEARNING S.A. DE C.V. does not engage in direct interactions between students and tutors except when we deem it appropriate:

• To ensure compliance with these terms;
• To improve our services; or
• As indicated in our return policy.

HOFFI LEARNING S.A. DE C.V. has no control over the services provided by tutors, the reviews or ratings provided by Students, nor the acts and omissions of users.

5. REPRESENTATIONS AND WARRANTIES

1. Specific Representations of the Tutor
   If you use the services as a tutor:
   • You will provide tutoring services in accordance with these terms and other policies established by HOFFI LEARNING S.A. DE C.V. and made available to you by email or by publication on the website;
   • You will provide tutoring services in accordance with the applicable laws and regulations in the state or country where you are providing tutoring services;
   • You are solely responsible and fully liable for any violation of local laws and regulations that apply to your provision of tutoring services;
   • You will provide tutoring services with reasonable care and skill and in accordance with generally recognized practices;
   • You have obtained all records, certifications, licenses, and other documentation required in the applicable jurisdiction to provide tutoring services. It is your obligation to maintain the validity of all the aforementioned documentation;
   • You will not provide tutoring services to students outside of the HOFFI LEARNING S.A. DE C.V. website, receive payments from students directly, nor encourage or solicit direct payment from the student or through any channel other than provided by HOFFI LEARNING S.A. DE C.V.;
   • You acknowledge and agree that HOFFI LEARNING S.A. DE C.V. may advertise the tutoring services you provide through the HOFFI LEARNING S.A. DE C.V. website without any additional payment or obligation on your part;
   • You acknowledge and agree that HOFFI LEARNING S.A. DE C.V. may enhance the video you provided for your account. Enhancements may include editing the video, adding the HOFFI LEARNING S.A. DE C.V. logo to the video, improving the sound quality in the video, and posting the video on HOFFI LEARNING S.A. DE C.V.'s social media accounts with the addition of the description and link to the tutor's profile.
2. Specific Representations of the Student
   If you use the services as a student:
   • You agree to fulfill the commitments you make to the tutor through the HOFFI LEARNING S.A. DE C.V. website;
   • You agree not to circumvent or manipulate the fee structure, billing process, or fees owed to HOFFI LEARNING S.A. DE C.V. or the tutor; and
   • You commit to making good faith efforts to interact with tutors.
3. Tutor Introduction and Profile Picture
   Tutors grant HOFFI LEARNING S.A. DE C.V. the rights to use the tutor's introduction video, name, and profile picture for marketing, advertising, or promotional purposes, including, but not limited to, posting on social media channels, video hosting, and streaming services, such as YouTube, Vimeo, Facebook, or others, to ensure accessibility and visibility to students.
   You can always request the removal of any introduction video published on social media channels, video hosting, and streaming services by writing to atencion@hoffilearning.com
4. Tutor Rankings
   HOFFI LEARNING S.A. DE C.V. uses multiple pieces of information to show students tutors that best fit the student’s preferences. The order in which tutors are displayed depends on various factors, including, but not limited to, the following:
   • The subject the student is seeking;
   • The country of the student;
   • The student's preferred language on the HOFFI LEARNING S.A. DE C.V. website;
   • The student's time zone;
   • Overlap in standard working hours between the tutor's time zone and the student's;
   • The overall availability of time slots in a tutor's calendar;
   • The tutor's past performance in helping their students achieve their learning goals;
   • Information from the tutor's profile, including its completeness and the quality of the profile picture and introduction video;
   • How responsive the tutor is to student messages;
   • Student reviews and ratings;
   • Student learning history on the HOFFI LEARNING S.A. DE C.V. website.
5. User Complaints
   If a user has a complaint about the services, they must contact HOFFI LEARNING S.A. DE C.V. at atencion@hoffilearning.com with the subject "Formal Complaint" (the "Complaint"), providing as many details as possible about the complaint. HOFFI LEARNING S.A. DE C.V. will respond to the user confirming receipt and will proceed to investigate the matter. Upon receipt of the Complaint, HOFFI LEARNING S.A. DE C.V. customer support will investigate the Complaint internally, considering the importance and complexity of the issue(s) raised.
   If the Complaint relates to a specific employee of HOFFI LEARNING S.A. DE C.V., another representative of HOFFI LEARNING S.A. DE C.V. will assist with the investigation in their place.
   HOFFI LEARNING S.A. DE C.V. will respond to the user with its findings in response to the Complaint and, where applicable, with a suggested solution.
6. Lesson Recordings
   You acknowledge and agree that, from time to time, HOFFI LEARNING S.A. DE C.V. may record videos of your lessons. This recording is solely intended to ensure the quality of the services. Recordings will not be shared externally, used for a specific purpose, or used for sales, marketing, or other promotional purposes.
   By using the Services, you agree and consent to such recordings free of charge, unsolicited, and without restrictions. You agree that HOFFI LEARNING S.A. DE C.V. may use these recordings without fiduciary duty or other obligation and without additional compensation.
   You can choose not to allow recordings of your lessons or request the removal of existing recordings by writing to atencion@hoffilearning.com
7. Limits
   By using the Services, you agree to comply with the user code of conduct.

6. HOFFI LEARNING S.A. DE C.V. CONTENT
Users have a personal, non-transferable, non-exclusive right to use HOFFI LEARNING S.A. DE C.V. content from the HOFFI LEARNING S.A. DE C.V. website, subject to these terms. "HOFFI LEARNING S.A. DE C.V. Content" means all information, text, images, data, links, or other material accessible through the HOFFI LEARNING S.A. DE C.V. website, whether created by us or provided by a third party on or through the HOFFI LEARNING S.A. DE C.V. website. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to the HOFFI LEARNING S.A. DE C.V. content without the obligation to issue any notice of such changes. You may view, copy, download, and print the HOFFI LEARNING S.A. DE C.V. content that is available on or through the HOFFI LEARNING S.A. DE C.V. website, subject to the following conditions:

• HOFFI LEARNING S.A. DE C.V. content is available for your personal use only. No part of the HOFFI LEARNING S.A. DE C.V. website or HOFFI LEARNING S.A. DE C.V. content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose;
• HOFFI LEARNING S.A. DE C.V. content may not be modified;
• Copyright notices, trademarks, and other proprietary notices may not be removed.

Nothing contained on the HOFFI LEARNING S.A. DE C.V. website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the HOFFI LEARNING S.A. DE C.V. website or any HOFFI LEARNING S.A. DE C.V. content except: (a) as expressly permitted by these terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the HOFFI LEARNING S.A. DE C.V. content.

7. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without the written consent of HOFFI LEARNING S.A. DE C.V. These terms will be binding upon and inure to the benefit of the parties to these terms and their respective successors, permitted assigns, and transferees.

8. NOTIFICATIONS
Unless you indicate otherwise in writing, HOFFI LEARNING S.A. DE C.V. will communicate with you by email, regular mail, or by posting on the HOFFI LEARNING S.A. DE C.V. website. You consent to receive electronic communications from us and agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be deemed to have received a communication when we send it to the email address you provided to HOFFI LEARNING S.A. DE C.V. within your account or when we post such communication on the HOFFI LEARNING S.A. DE C.V. website. You must keep your email address updated in your account and regularly review this website for postings. If you do not respond to an email message from HOFFI LEARNING S.A. DE C.V. regarding violation, dispute, or complaint within 2 (two) business days, we shall have the right to terminate or suspend your account. All notices to HOFFI LEARNING S.A. DE C.V. that have a legal effect with respect to these terms must be in writing and delivered personally or by a means evidencing delivery to the address specified on our website.
To stop receiving specific communications from HOFFI LEARNING S.A. DE C.V., send us a notification by email to atencion@hoffilearning.com to change the types and frequency of such communications; you can also change notification preferences in your account.

9. TERMINATION
Except for tutors, we may terminate any user's access to the HOFFI LEARNING S.A. DE C.V. website at our sole discretion, for any reason and at any time, with or without prior notice. It is our right to terminate users who violate these terms, as we deem appropriate in our sole discretion.
We may terminate the use of a tutor's services (i) immediately for failure to comply with the Terms, including the user conduct code, which is considered a material breach of the agreement; (ii) for another cause, including but not limited to, sexual harassment or other unwanted harassment, threats or intimidation, fraud, forgery of documents or qualifications; or (iii) with 30 days' notice for any reason.
We may also delete or restrict access or use of all related information and files. HOFFI LEARNING S.A. DE C.V. will not be liable to users or any third party for any modification, suspension, or termination of the service, or loss of related information.
In the event that HOFFI LEARNING S.A. DE C.V. suspends or terminates your account due to a breach of these terms or any HOFFI LEARNING S.A. DE C.V. policy, you understand and agree that you will not receive a refund or compensation for unused funds or scheduled lessons/classes, or the loss of any content or information associated with your account. In addition to the above, HOFFI LEARNING S.A. DE C.V. has the right to retain any remaining funds in your account as liquidated damages.
If you have not logged into your HOFFI LEARNING S.A. DE C.V. account for more than 180 days, your account will be suspended, and your remaining balance will expire.
Even after your right to use the services has been suspended or terminated, these terms will remain enforceable against you.

10. CONFIDENTIALITY
Through the services, you may have direct access to certain confidential information of HOFFI LEARNING S.A. DE C.V., its affiliates, or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be considered confidential ("Confidential Information"). You agree to maintain the Confidential Information in strict confidence and not to use it except for the purposes set forth in these terms, and not to disclose such Confidential Information to third parties. All rights, titles, and interests in the Confidential Information remain with HOFFI LEARNING S.A. DE C.V., its affiliates, and its users. You are under no obligation regarding the confidential information that you can demonstrate by legally sufficient evidence:

(a) that you possessed before receiving it from HOFFI LEARNING S.A. DE C.V., without any obligation to maintain its confidentiality; (b) that is or becomes generally known to the public without any act or omission on your part, or otherwise without violation of the terms; (c) that you obtained from a third party who had the right to disclose it, without any obligation to maintain such confidential information; (d) that you developed independently without using confidential information and without the participation of persons who had access to it, or (e) that is disclosed in response to a valid order of a court or other governmental body, or as required by law, or as necessary to establish the rights of any party under these terms and as disclosed after giving proper notice to HOFFI LEARNING S.A. DE C.V.

11. LIMITATION OF LIABILITY
(a) Disclaimer. In no event shall HOFFI LEARNING S.A. DE C.V. be liable to any user of the HOFFI LEARNING S.A. DE C.V. website or any other person or entity for direct, indirect, special, incidental, consequential, or exemplary damages (including, among other things, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access or misuse of the HOFFI LEARNING S.A. DE C.V. website or any information contained therein, whether based on warranty, contract, tort (including negligence), or other, even if advised of the possibility of such damages or losses.

(b) Limitation. You agree that the total cumulative liability of HOFFI LEARNING S.A. DE C.V. in connection with these terms the HOFFI LEARNING S.A. DE C.V. website, the services, the HOFFI LEARNING S.A. DE C.V. content, or any listing or services, whether in contract, tort, or otherwise, shall not exceed the amounts, if any, that you paid to HOFFI LEARNING S.A. DE C.V., for the services in the three preceding months.

(c) Waiver of Class Action. Any claim brought by you or HOFFI LEARNING S.A. DE C.V., must be brought in the individual capacity of that party, and not as a plaintiff or class member in any collective or representative proceeding.

12. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

13. CONTACT
For additional information and if you have questions about these terms, please contact atencion@hoffilearning.com.