Terms of Service

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tarndy.com (“Company,” “we,” “us,” or “our”), concerning your access to and use of the Tarndy.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing and/ registering the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. Scheduling and Cancellation

Scheduling conditions

Students are responsible to check their scheduled classes in the online scheduling system. We are not responsible for incorrectly booked times or dates. Scheduled times in the online scheduling system are shown in your local time zone. A reminder of the lesson appointment will be delivered either by email or SMS approximately beforehand.

Class cancellation

All cancellations need at least 30 minutes notice. You will need to log into the “Customer Panel” to cancel and reschedule your class though the scheduling system. Cancellation requests by email, phone, messaging services or SNS will not be accepted.

Late cancellation penalties for students and teachers

If you cancel with LESS than 30 minutes notice, you will forfeit the lesson fee. If a teacher cancels with less than 30 minutes notice, you will receive a FREE class, in addition to the rescheduled class.

Late arrival

If either you or your teacher do not attend the lesson at the scheduled time OR either you or your teacher is more than 15 minutes late for a scheduled lesson, the lesson will be deemed to have been cancelled and the above-mentioned late cancellation penalties shall apply.

Technical issues

If you or your teacher have hardware, software, internet connection or power supply problems, we will do our best to arrange an alternative method of conducting the scheduled lesson. However, if it is impossible to conduct the lesson due to any of these issues, we will reschedule the lesson without late cancellation penalties applying.

Natural disasters and other calamities

If a typhoon, blizzard, flood, earthquake, or some other natural disaster strikes at the last moment and prevents either party from connecting for the lesson, the lesson can be rescheduled without late cancellation penalties applying to either teacher or student.

Man-made emergencies

If an act of terror, sudden industrial dispute, or some other interruptive man- made public event prevents either party from connecting for the lesson, the lesson can be rescheduled without late cancellation penalties applying.

6. Payment and Refunds

Method of payment

All lessons must be paid in advance through PayPal or Payoneer in the currency displayed on the checkout page. Payment must be made in full at the time of the lesson or course booking or within 5 days of receiving an invoice.

Refund for lesson bookings

There will be no refund for paid lessons.

Single student lesson programs

For multi-week single student courses you must use all the available lessons within 90 days of purchase.

Group lesson programs

Lessons for multi-week group courses are held on a fixed day and time each week. If you miss a week, unfortunately we cannot offer a refund or alternate lesson.

7. Recommended Equipment

Primary computer, internet connection and lesson software

For the best possible online learning environment, it is recommended that you use a desktop or laptop computer with a fixed line internet connection. The primary means for conducting your lessons will be through the Skype platform. You should download the free Skype software to your computer and test the video and audio quality in advance of your first lesson.

Backup device and communication app

It is also recommended that you should download the “WhatsApp” application to your smartphone and share your phone number so that we have a backup method of video communication in the event that your computer, internet or Skype application becomes unexpectedly unusable. It can also be a useful channel for last minute emergency communication with your teacher.

8. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

9. Other

Recording lessons

All lessons are recorded by your instructor through Skype. Please note that if you are joining a group class, you are automatically giving your consent for other members of the group to record the entire lesson. The recording will be available for download for a period of 30 days according to Skype.

Confidentiality

You and your teacher agree to maintain strict confidentiality concerning any matters discussed during lessons which are not related to the goal of English instruction. Agreement to these terms and conditions is binding, in lieu of a signed confidentiality agreement.

Copyright

You agree not to copy, transmit, share, display, post, publish, distribute or attempt to sell to a third party any learning materials supplied to you for the purposes of your lessons. Any action which does so without explicit consent in writing will be regarded as a breach of legal copyright.

Progress reports and lesson feedback

You will not receive any progress reports or other feedback from completed lessons unless specifically agreed in writing.

Course completion certificate

If requested, you may receive a printable certificate for completing a defined lesson program.

Referral incentives

Unless explicitly stated in writing within the terms of a promotion campaign, no discounts rewards or bonuses will automatically be given for referring additional students.

Additional services

Any additional services which are requested from the teacher will be paid for in advance at the agreed rate and by the agreed payment method.

10. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us:

Contact

Last updated: 20 May 2022

Table of Contents:

1. Agreement to Terms