Our instructors and staff are friendly, flexible, and accommodating. With that said, we do need to ensure policies are in place in order to continue to deliver reliable, high quality services to our clients and to allow clients and instructors to continue to enjoy their learning and teaching.
Please read the following Terms of Service agreement carefully. By accessing or using our website, or purchasing services and products from Street Smart Brazil, which include any classes, coaching, workshops, books or any learning material, you hereby agree to be bound by the terms and all terms incorporated herein by reference.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE OR OUR SERVICES.
This term of service agreement is effective as of November 4, 2011.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Street Smart Brazil, with mailing address at 306 Lee Street, Ste. 203, Oakland, CA 94610, and our subsidiaries and affiliates, in association with the use of the website, which includes http://streetsmartbrazil.com (the “Site”) and its Services and Products.
Any and all visitors to our site, despite whether they are registered or not on the website, shall be deemed as “Users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account or purchasing a service or product, the user shall be considered a “Member”.
Registration and Paid Services
Certain sections of, or offerings from, the Street Smart Brazil Website require you to register or purchase. If you request registration or a purchase, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. You also represent and warrant that if you are purchasing services including classes and becoming a paid customer, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
By purchasing services and/or registering as a paid client, you agree and acknowledge that you are doing so voluntarily.
Payments, Fees, and Refunds
By purchasing any service, you agree and acknowledge that payments are nonrefundable. All sales are final, and Street Smart Brazil does not retroactively process refunds even if you fail to use the Street Smart Brazil service.
Street Smart Brazil is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Street Smart Brazil. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancelation is initiated during the middle of a billing cycle.
We reserve the right to change our fees, but will notify you in advance of increases.
Purchasing a Subscription
By purchasing a subscription, you also agree that you are bound to the following terms:
- You agree and acknowledge that until you cancel your subscription or request cancelation in writing, you will continue to be charged the subscription rate indefinitely to the credit card you provided.
- Your subscription payment will be automatically charged every four weeks on the same amount/number of lessons of your choice. Please notice that this is not the same as monthly payments.
- The first subscription payment is billed in full at the moment you create your subscription and prior to any classes or services are provided. All payments are due before Services.
- You will not receive payment reminders prior to being charged for subscription payments.
- Subscriptions run for a minimum period of two months.
- Subscriptions can be canceled at any time directly by you on the PayPal website or upon receipt of a written cancelation request to firstname.lastname@example.org.
- Subscriptions are for clients who take at least one lesson per week. If you consistently cancel classes (see Lesson Cancelation policy) and cannot make it to your weekly lessons, we will move you to a non-subscription payment option.
Subscription Cancelation and Interruption of Classes
- You may stop your subscription at any time. You can do so yourself by logging into your Paypal account if you have one, or by contacting us in writing at email@example.com to request cancelation of your subscription.
- If you request subscription termination in less than 5 business days before the scheduled billing date there is a chance that we will not be able to stop the charge to your card. If that is the case we will refund your last payment if totally unused minus a $35 processing fee that will be deducted from it.
- Absence from class does not constitute notice of withdrawal/termination.
- Informing your instructor of your intention to stop classes or change your subscription does not constitute notice of withdrawal/termination.
- If you intend to re-start classes after a break in service, these policies still apply.
- There is no guarantee that when you return from a break the same instructors you previously had and/or the same time slot will still be available. Instructors cannot “hold” a slot.
- Should you decide to have a break, your remaining credits will be valid for 45 days after your last class. After 45 days of class suspension your balance will be forfeited if you don’t return to classes.
Lesson Cancelation and No-Shows
- You need to inform us of any cancelations or changes in schedule at least 48 hours before your class. This is because last-minute notices do not allow us to fill the time slot saved for you. Please call or send a text message directly to your instructor if you need to cancel or change a class. More advance notice is appreciated. Our business hours are Monday-Friday 9:00am – 5:00pm Pacific.
- Lessons canceled without a 48-hour advance notice will be charged.
- No-shows will be charged.
- When you cancel a lesson with 48-hour notice you have a nonrefundable credit for a makeup class. Credits are valid for 45 days from the original date of the cancelled lesson. After 45 days credits will be forfeited. This applies both to all payment plans.
- If you are running late for class, please inform your tutor. Without notice, your tutor will wait 20 minutes for you. After a 20-minute delay the class is considered a no-show.
- There are no refunds for missed or unused classes.
Trial Session Cancelation
When you purchase a trial session, you also agree with the following:
- Payment for trial sessions is nonrefundable.
- In the event that you need to cancel/reschedule your trial session appointment, we request that you notify us 48 business hours before your scheduled appointment.
- Trial lessons cancelled without a 48-hour advance notice will require a new payment to be rescheduled.
- Please email, call or send a phone text message directly to your instructor advising of your cancelation/reschedule.
- Our business hours are as follows: Monday-Friday 9:00am – 5:00pm Pacific.
When you register for a Group class, you also agree with the following:
- Because we make a point of having small groups and strive to offer the highest quality in a cost-effective way, we do not have the ability to offer make-up classes or refunds for missed lessons.
- After the first class there is no refund for dropping the program.
- If you enrolled in a group program that has not started yet and you will not be able to take the lessons, we will issue you a refund for the total number of lessons if we learn about your cancelation at least 10 days before the class start date. If you cancel your participation in the group less than then ten days before the first day of class, we will refund you 80% of the program rate.
- In all cases, a $35 processing fee will be deducted from your refund.
- Please visit our Group Class FAQ for additional information.
Organizational Training & Coaching Program Cancelation and Refund Policy
When you purchase organizational training & coaching programs, you also agree with the following:
- There is no refund when participants miss a meeting or drop the program.
- There is no refund if a meeting is cancelled by the client organization. Whenever possible, we will reschedule a cancelled meeting provided we receive 48-hour advance notice.
Purchasing a Gift Card
By purchasing a Gift Card, you also agree that you are bound to the following terms:
- Gift Cards not redeemable for cash
- Gift Cards only redeemable by full amount
- Gift Cards non-refundable
User Submissions and User Content
Street Smart Brazil welcomes user content (“User Content”) on its blog and the Street Smart Brazil Website. Users that provide User Content do so voluntarily and subject to the policies contained herein.
By submitting User Content to the Street Smart Brazil Website, you represent and warrant that you either own or control all of the rights to the content submitted, that you previously obtained authorization from the owner of the material to submit the material in your User Content submission, and that you have all necessary authorizations from any person or company mentioned in your User Content to submit such information to the Street Smart Brazil Site. You are responsible for the content of the Submission and you agree to indemnify, defend and hold Street Smart Brazil and its successors harmless at your sole expense from and against any damages, losses, costs, or expenses, including attorneys’ fees, which Street Smart Brazil or its successors and assigns may incur as a result of your User Content submission.
Street Smart Brazil has no duty to treat any User Content as confidential. Street Smart Brazil retains the right to review, edit, or delete from the Street Smart Brazil Website any User Content that Street Smart Brazil in its sole discretion considers illegal, offensive, or otherwise inappropriate.
Furthermore, the User and/or Member understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such Street Smart Brazil shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
All User and/or Members herein agree to insure and hold Street Smart Brazil, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a User or Member of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violation of the TOS and/or your violation of any such rights of another person.
Links & Sourced Information
Either Street Smart Brazil or any third parties may provide sourced information or links to other websites and/or resources. No warranty whatsoever is made that any of the content is accurate. There is absolutely no assurance that any information from another source is true, correct or precise. The sources and referenced information on this site have not been verified, nor do they constitute any endorsement or guarantee. The information is provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of materials or information obtained from other sites. We do not take any responsibility for inaccurate data or references.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Street Smart Brazil shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
The website, all of its original content, and Street Smart Brazil’s class materials are the sole property of Street Smart Brazil and are, as such, fully protected by the appropriate international copyright and other intellectual property laws.
You do hereby acknowledge and agree that Street Smart Brazil’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and laws.
Modifications and Interruptions to Services
Street Smart Brazil reserves the right to modify or discontinue services with or without notice. Street Smart Brazil shall not be liable to clients or any third party should Street Smart Brazil exercise its right to modify or discontinue its Services.
You acknowledge and accept that Street Smart Brazil does not guarantee continuous, uninterrupted, or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Street Smart Brazil reserves the right to deny or revoke access to the Street Smart Brazil Website, or any part thereof, at any time in its sole discretion, with or without cause. While Street Smart Brazil endeavors to make the Street Smart Brazil Website available 24/7/365, Street Smart Brazil does not make this guarantee, and Street Smart Brazil shall not be liable if, for any reason, the Street Smart Brazil Website is unavailable.
Disclaimer and Limitation of Liability
By using the Street Smart Brazil website or services, you agree that, in any controversy or dispute between Street Smart Brazil and you, the maximum recovery that either party shall recover is limited to the amount you paid to Street Smart Brazil. This limitation of liability does not apply to your indemnity obligations set forth above.
Street Smart Brazil excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party as a result of accessing this Site or arising out of the use, inability to use, or the results of use of this Site, or the materials, content or information contained herein.
Street Smart Brazil shall not be liable in any way or in connection with the use, inability to use, or the results of use of this Site, for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, special, punitive or consequential loss or damages or any loss of income, profits, loss of business, goodwill, data, information, or other loss or damages arising from or connected in any way with business interruption and whether or not any such loss or damages herein is foreseeable, known or foreseen or otherwise and whether in tort (including without limitation negligence), contract or otherwise.
Access to and use of the Street Smart Brazil Website and these Terms of Service are governed by United States federal laws and the laws of the State of California. By using the Street Smart Brazil Website from anywhere in the World, you agree that any legal action arising out of the relationship you have with Street Smart Brazil, your use of the Street Smart Brazil Website, User Content or the Street Smart Brazil Content shall be filed exclusively in the state or federal court located in Oakland, CA, U.S.A., you agree to submit to jurisdiction of such courts, and you agree to the exclusive selection of such courts as the venue for resolving disputes.
General Terms and Conditions
If any part of this Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
Street Smart Brazil can modify or revise these Terms of Service at any time by updating this posting. Your use of the Street Smart Brazil Website on or after the effective date of any such modification or update will constitute your acceptance of these Terms of Service as modified and/or updated.
We reserve the right, at our discretion, to change or modify all or some of these terms and/or rates at any time.
If you have any questions or suggestions concerning this website or these Terms of Service, please, contact us at:
306 Lee Street, Ste 203
Oakland, CA 94610