Terms of Service
TERMS AND CONDITIONS OF LEARNLIFE PROGRAMMES
The purpose of Learnlife is to offer different kinds of learning programmes to drive Learners´ talents and passions and to develop a changemaker vision and purpose of life through a collaborative learning community and a new learning paradigm. For clarification purposes, Learnlife applies a new learning paradigm not yet considered as part of the existing education system.
The programmes offered by Learnlife Barcelona are described on our website at https://www.learnlife.com/, and include among others our primary programmes, secondary programmes, community programmes and summer programmes (individually a “Programme” or collectively the “Programmes”). Each of the Programmes is covered by specific conditions for the type of Programme, its content, intake form, and other necessary and appropriate information on the characteristics of the Programme.
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Participation in any of these Programmes and related activities of Learnlife is governed by these Terms and Conditions (hereinafter "T&Cs"), any applicable specific conditions indicated by Learnlife (including the Addendum Applicable to Remote Learning at Learnlife) and the documents listed in Clause 17 (hereinafter the “Enrolment Documents”) .
These T&Cs established by LEARN SPACE, S.L.U. (hereinafter “Learnlife”) are applicable to any participant (hereinafter a “Learner”) that enrols or is enrolled in any Programme offered by Learnlife, and the person(s) or entity indicated in the Enrolment Form responsible for contracting the Learnlife services (hereinafter the “Client(s)”, which for an underage Learner will generally be his/her Legal Representative(s), as defined below, and for an over-age Learner may be the Learner him/herself). These T&Cs bind the Learner and the Client(s), jointly and severally, upon acceptance into the Programme. The addenda applicable to remote learning at Learnlife shall form part of these T&Cs in relation to programmes which are delivered as part of a blended in-person and remote programme, or as a fully remote programme.
The applicable T&Cs are those that are in force from time to time. If the T&Cs are modified, or different from the T&Cs that were in force and attached to the Programmes’ Enrolment Form when signed, the changes will be communicated in writing to the Learner, the Client(s) and, where applicable, the Legal Representative(s).
LEARNLIFE is a commercial name of LEARN SPACE, S.L.U., with registered office at Calle Enrique Granados, nº 7, 08007 Barcelona, registered in the Commercial Register of Barcelona at Volume 46290, sheet 136, page 515438, 1st Inscription and with NIF B67163352.
For an underage Learner (under 18 years of age) to enrol in any of the Programmes, the consent and acceptance of the legal representative(s) of the underage Learner is required. For this purpose, a Learner’s legal representative (hereinafter “Legal Representative”) is a person who has parental custody of the underage Learner or is recognised as a legal tutor or guardian in accordance with the laws applicable at the time. If this legal representation lies with more than one person, the consent and acceptance of all of them is required, unless otherwise stated. By completing and accepting the Enrolment Documents, the Legal Representative(s) agree to be bound by the terms of these T&Cs (even if they are not, for any reason, the Client(s)).
Each Learnlife programme has an enrolment process which is specified in this clause and in the corresponding Enrolment Documents.
The Client(s), the Learner and, where applicable, his/her Legal Representative(s) must complete and sign the Enrolment Documents, and each person represents and warrants to Learnlife that all information provided by them for the enrolment is complete, accurate and up-to-date. Each Learner, Client and, where applicable, Legal Representative, undertakes to keep this information up-to-date and inform Learnlife of any changes, in particular with respect to health information and legal representation.
On being satisfied that a Learner is admissible for a Programme, Learnlife will communicate to the Client(s) and, where applicable, the Legal Representative(s) the Learner’s conditional acceptance into the Programme ( “Conditional Acceptance”) together with information about payment of the enrolment fee (if applicable) and/or other applicable pre-payments, together with a SEPA (direct debit) form (if applicable) to be signed. Definitive acceptance is conditional on the receipt of the applicable pre-payments and signed SEPA (direct debit) form. Once the conditions have been satisfied, Learnlife will notify the Client(s) and, where applicable, the Legal Representative(s), of the Learner’s definitive enrolment in the Programme.
Learnlife reserves the right to admit a Learner to, and to retain a Learner in, a Programme. If an application is declined by Learnlife, reasons will be provided, but there will not be a remedy right against Learnlife’s decision.
Price. The price of each Programme, as well as the Programme-specific content, dates and other charges, is detailed in the corresponding Programme documentation. This price may consist of (i) an application fee (“Application Fee”), (ii) an enrolment payment (“Enrolment Fee”) and (iii) the price of the Programme itself (“Programme Fee”).
The final price will appear in the Enrolment Documents.
- The Application Fee, when applicable, must be paid when applying to join the Programme.
- The Enrolment Fee, when applicable, must be paid upon receipt of the Conditional Acceptance and is non-refundable.
- The Programme Fee must be paid in one upfront disbursement prior to the Learner’s participation in the Programme or, when available, in monthly instalments for the duration of each Programme, payable within 10 days of the date of the invoice.
The Enrolment and Programme Fees, unless specifically set forth in the Enrolment Documents, do not include:
- Fees for food or catering service.
- The cost of potential additional academic and teaching materials not already included in the programme. (e.g: personal projects of the Learner)
- The fees for high-cost additional or optional activities and excursions not specifically included in advance in the Enrolment Documents.
- Any other fees for additional concepts not contemplated in the Enrolment Documents.
These extra charges will be notified to the Client(s) in writing prior to them being incurred. They are due before the day of the activity/material purchase.
Invoices. The amount of the fees corresponding to a Programme, and any other amounts not included therein but also contracted by the Client(s), will be specified in the invoice(s), which must be paid, unless otherwise indicated, within 10 days of receipt.
Payment. Any payment corresponding to the Programme and additional contracted services must be made in accordance with the provision of these T&Cs. All payments must be made in Euros. Learnlife will be entitled to claim for any bank charges incurred in relation to receipt of the payment e.g. credit/debit card fees, international transfer fees, exchange commissions.
The Client undertakes to pay the Programme fees in a timely manner and is responsible for payment notwithstanding that the payment may be made by a third party (if so indicated in the appropriate Enrolment Form). In case of non-payment or lack of sufficient funds at the time of the bank account debit of the direct debit, Learnlife will be entitled to claim the unpaid amount(s), as well as charge (i) a 2% monthly administrative surcharge for late collection procedures, (ii) the expenses and/or commissions applied by the bank and (iii) any late payment interest at the statutory rate.
Learnlife undertakes to provide the Learner with all the services included in the contracted Programme with all reasonable skill, care and attention and in accordance with applicable law, each Programme’s conditions and characteristics, and these T&Cs.
In addition to the Programmes, Learnlife may offer special tutoring and learning support and other activities, which may be established either as specific conditions for intake or as supplementary services for the benefit of the Learner. These additional services are governed in general by these T&Cs, and by any special conditions applicable to those services.
Please address any complaints about the Programmes to firstname.lastname@example.org/+34 684 027 761. Learnlife endeavours to solve these complaints as soon as reasonably possible.
Learnlife has Claim Forms, as indicated by the Decree of the Generalitat of Catalonia 121/2013 (Decreto de la Generalidad de Cataluña 121/2013) which regulates the official forms for complaints and claims in consumer relations, which are available to Client(s) at the address of LEARN SPACE, SLU indicated in these T&Cs; and also available on request by email to email@example.com
Each Learner undertakes to adhere to the community membership commitments applicable from time to time (which form part of the Enrolment Documents) and to follow the direction and guidance of the Programme’s learning team in relation to the safety, security and well-being of the people, material, and physical spaces with which the Learner has contact as a result of his/her participation in the Programme. In the event that a Learner is underage, his/her Legal Representative(s) shall be responsible for compliance by the Learner and shall indemnify Learnlife, to the extent admitted by law, for any damage suffered by Learnlife and other Programme participants as a result of any non-compliance by the Learner.
9.1 BY LEARNLIFE
The following will be considered causes of non-compliance, and, consequently, a breach of these T&Cs and the contractual relationship with Learnlife:
- Failure to comply with the terms of Clause 8;
- Repeated lack of Programme attendance by the Learner;
- Failure to pay the Enrolment Fee or Programme Fee or any other additional fee that is due and payable at any time;
- (a) Failure to communicate or disclose information about the Learner’s learning, medical, psychological or behavioural conditions or, (b) should Learnlife so request it, failure to contract learning support services or undertake diagnostic tests for learning, medical, psychological or behavioural conditions, that should be taken into account for the continuing supervision of the learning process or for the adoption of special measures by Learnlife for the benefit of the Learner, or that could constitute a risk for the health and safety of Programme participants and/or the Learnlife team and/or the Learner, or that otherwise may detrimentally affect the correct performance and success of the Programme.
- Breach of any other obligation contemplated herein, or any other legal document subscribed by the Learner or his/her Legal Representative(s) or the Client(s), or in case of not specified therein, breach of obligations stated by law by the Learner or his/her Legal Representative(s) or the Client(s).
In the event of non-compliance, Learnlife reserves the right to terminate this contractual relationship and end the Learner’s participation in any Programme, regardless of the Programme’s stage or the time of termination. As a penalty for such early termination due to non-compliance, the Client(s) shall pay an amount equal to the part of the Programme Fee corresponding to the entire monthly instalment for the month in which termination occurs. Additionally, they shall pay any outstanding invoices for fees and other charges that are due and payable to Learnlife at the time of the breach as well as any sum, damages or loss that Learnlife may eventually be subject to pay or suffer due to such non-compliance.
9.2 BY THE LEARNER OR THE CLIENT
The Client(s) and/or, where applicable, the Legal Representative(s), may terminate this agreement and withdraw from a Programme at any time providing at least 15 days’ prior written notice. Any fee paid in advance shall not be refundable, except for up-front annual payments in which case fees for unused complete months will be refunded when termination is caused by extraordinary or unforeseeable circumstances as determined by Learnlife (e.g. prolonged learner illness, force majeure).
9.3 CONSEQUENCES OF TERMINATION
In the event that Learnlife is obliged to cancel a Programme prior to its start, for causes not attributable to the Learner, such as, for example, that the minimum number of Learners has not been reached or for reasons of force majeure, Learnlife will offer the Learner an alternative Programme or will reimburse the amounts that had been paid in advance and had not been used for the Programme. There will be no obligation on the part of Learnlife to indemnify the Learner, the Client(s), nor, where applicable, the Legal Representative(s), for cancellation of a Programme.
Learning experiences and/or activities that do not take place due to bank holidays in the city where they take place, illness or indisposition of the Learner, or for any other similar cause, as well as for reasons of force majeure, will not be recoverable and the Learner, the Client(s) and, where applicable, the Legal Representative(s), will not be entitled to any compensation or indemnity.
Learnlife offers Learners a rich series of learning activities and experiences, both inside and outside the premises, using physical and digital resources and materials (collectively, “Activities”), that entail a certain level of risk that is managed by Learnlife, but also require responsibility and consent on the part of the Learner and the Legal Representative(s). In respect of these Activities, specific warnings, authorisations and exemptions are to be signed separately by Learners and the Legal Representative(s) as a condition of participating in the Programme and their terms are incorporated herein by reference. Consent to these Activities may be withdrawn at any time but will likely prevent the Learner from participating in many of Learnlife’s Programme activities or ultimately require cancellation of the Learner’s participation in the Programme. These include, among others, the documents set out in Clause 17.
During the course of the Programmes, the Learner will be involved in certain activities that may result in the creation of works protected by intellectual property rights, such as copyrights (images, films, texts, photographs, designs, etc.). The Learner, the Client(s), and, where applicable, his/her Legal Representative(s), hereby grant Learnlife a non-exclusive and royalty-free right to reproduce, transform, distribute and/or communicate these works to the public, worldwide and for the whole duration of the rights, for the purpose of performing the Programme activities and extracts for the promotion and marketing of Learnlife’s Programmes and activities, and when such publication is part of the Programme activities. If Learners wish to exclude any work from this license, they must expressly notify it to Learnlife in writing.
These T&Cs have been written in accordance with:
(I) Spanish Royal Legislative Decree 1/2007, of November 16, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (El Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias).
(II) Spanish Law 7/1998, of April 13, on the General Conditions of the Contract (La Ley 7/1998, de 13 de abril, sobre las Condiciones Generales de la Contratación).
(III) The Spanish Civil Code (El Código Civil).
(IV) General Data Protection Regulation (“GDPR”), European Union Regulation nº 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
(V) Organic Law 1/1996, on the Protection of Minors.
(VI) Other applicable law according to common practice in Spain.
These T&Cs will be incorporated into the Learnlife Programme contract and bind the parties, together with the specific conditions for each Programme.
Prior to the resolution of disputes by judicial means, the parties undertake and are obliged to endeavour to internally resolve any differences and claims that may arise regarding the Programme. In the unlikely event that Learnlife and the Learner, the Client(s) or, where applicable, his/her Legal Representative(s), are not able to resolve the dispute informally, all disputes regarding the Programme will be resolved exclusively (to the extent permitted by applicable law) by the Courts of Barcelona in accordance with Spanish law.
The following sections of the Enrolment Form (or, in some cases, separate documents) are the Enrolment Documents and are included by reference into these T&Cs and must be accepted by the Client(s), the Learner, and, where applicable, his/her Legal Representative(s):
- Enrolment Form: general information about the Learner, Client(s) and Legal Representative(s).
- Health Declaration: declaration of any health issues.
- Allergies Protocol: declaration of allergies.
- General Disclaimer: waiver of Learnlife’s liability in relation to certain risks and an indemnity for damages.
- Legal Representative’s Confirmation (if applicable): confirms the legal representative(s) of the Learner.
- Client Confirmation (if applicable): in the case of a Client not being the Learner or the Legal Representative(s).
- Internet Usage Authorisation (if applicable): consent of the Legal Representative(s) of a Learner under 14 years of age to the use of the internet and online platforms within the Programme.
- Leave Unaccompanied Authorisation (optional): authorisation for under-age Learners to leave Learnlife unaccompanied.
- Offsite Activity Authorisation (optional): authorisation to allow under-age Learners to go on outings.
- Image Rights Authorisation (optional, and can be cancelled): authorises Learnlife to record and use the Learner’s image for sharing some of the Learner’s activities and for the purposes related to Learnlife.
- Addendum Applicable to Remote Learning at Learnlife: terms and conditions which apply to all Learnlife Programmes which are conducted via remote learning, whether partially or fully.
Additional Programme Specific Forms
- Community Membership Commitments (at Learnlife’s discretion based on the programme): Learnlife’s community commitments.
- Learner questionnaire (at Learnlife’s discretion based on the programme and Learner’s age): information requested from the Learner by the learning team.
- Legal Representative questionnaire (at Learnlife’s discretion based on the programme): information requested from a Learner’s Legal Representative(s) by the learning team.
- Informed Consent (full time Programmes only) (required): Legal Representative(s)’ consent for under-16s to attend Learnlife during school hours.
- SEPA form (if applicable): direct debit form for periodic payments
- Subsidy Agreement (if applicable): if a subsidy is offered by Learnlife for the Programme.
- Support Contract (if applicable): if extra support is required by the Learner for participation in the Programme.
ADDENDUM APPLICABLE TO REMOTE LEARNING AT LEARNLIFE
This addendum (the “Addendum”) applies to all Learnlife Programmes which are conducted via remote learning, whether partially or fully, whereby the Learner participates in learning experiences and activities from outside the Learnlife premises (hereinafter, a “Remote Programme”) and shall be binding upon the Client(s), Legal Representative(s) and Learners enrolled in any Learnlife Programme while in this mode. When a Learner is physically present in a Learnlife space, hub, studio or facility, the standard terms and conditions of the Learnlife Programmes (“Learnlife T&Cs”) and other legal documents will continue to apply. For Remote Programme activities, this Addendum shall apply in addition to the Learnlife T&Cs and shall prevail over the Learnlife T&Cs if they conflict. Terms which are not defined in this Addendum shall have the same meaning given to them in the Learnlife T&Cs.
Remote Programmes may be delivered as part of a blended in-person and remote programme, or as a fully remote programme.
Remote Programmes will build the Learner’s ability to take responsibility for his/her own learning experiences. Within Remote Programmes, Learners will develop independent and interdependent learning skills and apply creative and critical thinking skills to find creative responses and solutions to challenges and experiences.
The Learner will participate in synchronous, asynchronous and flexible learning experiences. Notwithstanding the foregoing, the nature of a Remote Programme means that it is likely to be weighted towards asynchronous learning more than synchronous learning. The schedule will provide a structure to help building routines, to determine and support learning goals, and to assist the Learner’s adherence to asynchronous and synchronous activities appropriate for the Learner. There will be regular check-ins with the Learnlife team, of which the Learner will be informed in advance by Learnlife.
Remote Programmes may form part of a Programme or may be required in the event that in-person learning is not possible due to circumstances outside the control of Learnlife, for example, a government restriction on physical gatherings due to the Covid-19 pandemic. In either event, Learnlife will contact the Learner and, where applicable, his/her Legal Representative(s), to notify them the steps to be taken to participate in a Remote Programme, such as, the electronic devices needed and any other material or support that may be required.
In order for the Learner to participate in a Remote Programme, the Client(s), the Learner, and where applicable, his/her Legal Representative(s), agree to:
- Ensure that the Learner has a safe and quiet space in which to connect to the Remote Programme;
- Ensure that the Learner has the appropriate digital devices and internet connectivity for his/her maximum participation in the Remote Programme (e.g. laptop or tablet, high speed internet connection);
- In the case of an underage Learner (under 18 years of age), discreetly monitor the engagement of the Learner in the Remote Programme, including sufficient oversight of the Learner’s internet usage;
- In the case of an underage Learner, at the discretion of the Legal Representative(s), supervise the Learner and oversee the performance of asynchronous activities undertaken by the Learner, especially where the Learner may be required to undertake activities outside his/her home;
- Follow Learnlife’s recommendations if extra support requirements are identified by Learnlife;
- Be available for regular check-ins and feedback meetings with Learnlife’s team, as required;
Learnlife has the following duties and responsibilities regarding Remote Programmes:
- To provide learning experiences as part of a Remote Programme for each Learner in accordance with the Programme in which the Learner is enrolled;
- To provide sufficient prior notice of the Remote Programme’s individual and/or group sessions in which the Learner must connect and participate;
- To communicate in a timely manner the devices, support and other materials needed by the Learner to participate in a Remote Programme or Remote Programme learning experience;
- To identify and inform the Learner and, where applicable, his/her Legal Representatives, about activities which entail a specific risk or danger, in order for the Learner and, where applicable, his/her Legal Representatives, to take adequate protection measures in line with Learnlife’s guidance and risk assessment;
- To assess the risk in any asynchronous activity undertaken by the Learner remotely.
The Client(s), Learner and, where applicable, his/her Legal Representative(s), will keep all materials provided digitally for the Remote Programme confidential and will not share them with or disclose them publicly to third parties. Learnlife will keep confidential its communications and interactions with the Client(s), Learner and, where applicable, his/her Legal Representative(s)in accordance with the Learnlife T&Cs.
Some remote learning sessions may be recorded, subject to prior notice to the participants, for the purpose of review, follow-up of activities and learner progression and feedback, and/or improvement of the Remote Programme and learning experiences. The Learner and, where applicable, his/her Legal Representative(s), agree to this recording, and Learnlife will only use the resulting recordings for the indicated purposes. Learnlife will delete these recordings when they are no longer needed or at the request of the participant/s.
In Learnlife, Remote Programmes are provided via innovative teaching methodologies and as such may or may not be recognised by educational authorities in local jurisdictions. Learnlife does not take any responsibility for deciding whether a particular programme meets local or state requirements for home-schooling, online education, remote learning or similar alternatives, or whether a programme satisfies any local requirement to be considered as part of the compulsory basic education or continuing education. The decision to voluntarily participate in the programmes offered by Learnlife is a decision and the sole responsibility of the Legal Representative(s) of the Learner, or the Learner themselves, and they are exclusively responsible for any measures that, in any event, may be taken by the public, administrative or judicial authorities because the learner is not schooled in accordance with the applicable local legislation.
The Client(s), the Learner and, where applicable, his/her Legal Representative(s), are aware and acknowledge that under the Remote Programmes, specific learning experiences not supervised directly by Learnlife may entail risks associated with their performance. These will be identified by Learnlife prior to any experience being proposed by Learnlife. The Learner, to the extent he/she is legally capable, and his/her Legal Representative(s), fully accept the risks associated with participation in any such activities and will comply with all instructions and warnings provided by Learnlife.
During the performance of the Remote Programme learning experiences, Learnlife’s staff will provide the Learner, to the extent possible, with the necessary guide and instructions, but will not be able to locally supervise, monitor and/or assist the Learner in his/her presence to ensure that he/she can safely and successfully perform the activities. Therefore, the Learner and, where applicable, the Legal Representative(s) of the Learner, shall take adequate measures and full responsibility to prevent and avoid any potential risk or danger associated with the learning experiences.
The Learner and, where applicable, his/her Legal Representative(s), hereby irrevocably and unconditionally exempt Learnlife, its directors, staff and volunteers, from any liability, damages, losses, claims, lawsuits, actions or prosecution of any kind and nature, foreseeable or unforeseeable, which arise directly or indirectly out of the lack of supervision or failure to follow any instructions provided by Learnlife or to carry out other commitments made hereunder in the relation to activities carried out by the Learner in an Remote Programme.
- TERM AND VALIDITY
The Addendum herein will be in force from the day of its signature. If the conditions of a Remote Programme are modified, entailing a required change to this Addendum, the changes will be communicated in writing to the Client(s), Learner and, where applicable, to his/her Legal Representative(s). For all matters not expressly provided for in this Addendum, the provisions of the Learnlife T&Cs in force from time to time shall apply.