Effective Date: February 22, 2020
Welcome to Tynker Tutoring which is operated and owned by Neuron Fuel, Inc. and its related entities or body corporates (“Tynker”, “us”, “we” and “our”).
Tynker Tutoring classes
The classes offered under the Tynker Tutoring Services (defined below) are as follows:
- Tynker group classes wherein live classes are taken by our Instructors for a group of children comprising of various fixed term courses as per the specified schedule (“Group Classes”); and
- Tynker private coaching classes which maybe in the form of (i) live 1:1 private coaching class with a dedicated Instructor; or (ii) an offline interactive class with a designated personal Instructor who will assign lessons offline to the Student, review Student’s work, answer technical coding questions by the student asynchronously on Tynker Platform (not live), and periodically have live catch up sessions with the student (both (i) and (ii) are collectively referred to as “Private Coaching Classes”).
The Group Classes and the Private Coaching Classes are collectively referred to as “Classes”.
- The Tynker tutoring services comprise of the following (collectively “Tutoring Services”):
- making the Tynker online platform (“Platform”) available to its users that allows Parents and Instructors to connect in order to avail or provide the Classes to students subscribing for such Classes (“Students”);
- designing the unique courses made available on the Platform for the Classes;
- carrying out periodic assessments of the Students; and
- providing such other support services as may be necessary from time to time.
As a Parent, you should select the Classes that best suit the needs of your child(ren) based on your schedule, cost, and any other factors pertinent to you and your child(ren). In case of Private Coaching Classes, we encourage you to share your preferences and special needs of the Students, if any, with us at the time of registration or soon thereafter so that we can select the best suited Instructor matching the Student’s needs. In case we feel that our Instructors may not be able to match your special needs, we may request you to cancel the registration for such Classes and claim the refund as per Clause 4 below.
Upon commencement of the Private Coaching Classes, the designated Instructor will assess the Student’s capability for the selected Class based on student’s age, interest and experience levels, and may suggest modification to the level chosen by the Parent, as the Instructor deems fit in the Student’s best interest.
- We may modify or discontinue whole or any part of the Classes, the underlying curriculum, or place general limitations and restrictions on the Services related to Classes. Such modification or discontinuation of the Classes or related Services may be temporary, or permanent. Where such changes or limitations to the Classes adversely affect you, Tynker will try to bring these to your prior attention. However, a prior notice may not always be possible or practical, in which case we retain the right to make these changes without notice or liability of any kind. We may also change the designated Instructor for any Group Class or a Private Coaching Class at our sole discretion without notice or liability.
- The classes offered under the Tynker Tutoring Services (defined below) are as follows:
Recording of the Classes and ownership rights
Consent to record Classes
- Recording of the Classes and ownership rights
Paying for the Classes
Paying for the Classes
You must pay for all Classes that you enroll in, or register for, on the Platform in advance. You authorize Tynker to charge the full amount for these Classes to your chosen payment method available at the time of checkout on the Tynker platform.
Except as otherwise specified in the Agreement, all amounts chargeable for the Classes and applicable taxes on such amounts are charged in United States Dollars and are payable in advance.
All payment information that you provide to Tynker must be accurate, complete, and current. Tynker reserves the right to suspend the Services until you provide a valid method of payment.
By providing your payment information to Tynker, you authorize Tynker to charge your payment method for the following amounts:
- Applicable charges for the Classes booked under your account; and
- All amounts payable by you under the Agreement, like applicable taxes on any charges payable by you.
You represent that you are an authorized user of the payment provider, and will not dispute any scheduled transactions with your payment provider, if they correspond with the Agreement. If any payment request made by Tynker is rejected owing to insufficient funds or lack of authorization, your services may be suspended and you agree to rectify the situation in order to continue availing the Tynker Tutoring Services.
- Paying for the Classes
Cancellations and refunds
Modifying Class schedule and cancelling listing of Group Classes
We can modify the timings or schedule of the Group Classes at any time, or cancel listings in our sole discretion. We can also cancel with prior notice any proposed Group Class if the minimum number of enrolments for such Group Class is not received by Tynker. Refunds or credits for modified or canceled listings will be notified to you at the relevant time.
Cancellation of subscription by Parents; refunds and credits
If you are dissatisfied with the subscribed Class, we encourage you to contact our customer service desk at email@example.com. We will undertake commercial reasonable efforts to rectify the situation and offer any solution that may help you in resolving your grievances.
However, in the unfortunate case that you choose to cancel your subscription, you may apply for a refund as per the provisions below by emailing us at firstname.lastname@example.org or through our website:
- Cancellation of Group Classes: You can cancel up to 24 hours before the 2nd class of the subscribed Group Class for a full refund. Refunds for the Group Classes after the abovementioned timeline, if any, will be at Tynker’s sole discretion.
- Cancellation of Private Coaching: You can cancel on or before completion of 2 weeks from the date of commencement of the subscribed Private Coaching Class for a full refund. Refunds for the Private Coaching Classes after the abovementioned timeline may be done at Tynker’s discretion on a pro-rata basis for the time period remaining unused by the Student. However, in case Tynker opts to give a pro-rata refund, the period for which classes were availed will be billed at the highest applicable rate then applicable to the Private Coaching Class.
Please note that all credit card processing charges or transaction charges for failed payment charged by Tynker are non-refundable.
Cancellation of Classes
If the Student misses a Class or cancels a scheduled Class, no credit or compensatory Class shall be provided by Tynker for such missed/cancelled Class. However, Tynker may require the Instructor to send an email to the Parent/Student with details of the activities that the Student should do at home to keep up with the missed Class.
If the Instructor misses or cancels a Class, Tynker will facilitate and schedule a compensatory Class for the Student.
- Modifying Class schedule and cancelling listing of Group Classes
Code of Conduct for Parents and Students
In order to keep the atmosphere during the Classes courteous, pleasant, and conducive to learning, it is important that Parents and Students act in keeping with the ‘Code of Conduct for Parents and Students’.
Students and Parents may never:
- Engage in or threaten violence;
- Intimidate, bully, or harass the Instructor or other fellow students;
- Make any inappropriate remark or comment about any Instructor or fellow students;
- Disrupt the class or indulge in any kind of unsavory or offensive behavior;
- Share any personal information with the Instructor that has not been requested by Tynker; or
- Substitute one child for another if the registered child is unable to attend her/his scheduled Class.
Students may also never:
- View any inappropriate material on the Internet during the Classes;
- Contact Instructors outside of the Classes; or
- Leave the Class without checking-out with Instructor.
- Abide by applicable protocols and safety measures;
- Be respectful to the Instructor; and
- Follow directions given to them by the Instructor.
- If actions of Parents or any Student does not conform to the Code of Conduct for Parents and Students, the Student may be removed from the Class by Tynker or the Instructor and may not be allowed to participate further in any Class as Tynker’s discretion. You agree that no refund will be provided in such case.
- Tynker will not be liable for any loss that arises from Tynker disallowing any Student from continuing any Class because of the failure of Student or Parents to follow the Code of Conduct for Parents and Students. Further, Tynker will also not be liable to any Instructor due to the failure of the Parents or the Students to follow the prescribed code of conduct.
Additional terms and conditions for Parents
Responsibility of Parents to ensure availability of learning aids
The Parents must ensure that the Student has the ability to access the Class on the prescribed online audio-visual platform, and the Student as well as the device used by the Student meet other requirements as specified by Tynker for the Classes (for example having Minecraft Java edition for the Minecraft class). The requirements necessary for attending the Classes will be specified at the time of enrolment or subsequent communications. THE PARENTS MUST READ THE LIST OF THE PRESCRIBED REQUIREMENTS CAREFULLY AND ENSURE THEIR AVAILABILITY TO THE STUDENTS BEFORE EVERY CLASS. Tynker will not be responsible in any manner for the Student’s inability to access or avail the Classes due to non-compliance with the provisions of this clause.
Responsibility of Parents in respect of User Submissions and Feedback
If you would like to report any irrelevant or inappropriate User Submissions or Feedback, please notify us at email@example.com. You agree that our decision to remove, censor, edit or delete any User Submissions or Feedback will be final. Tynker will not be liable for any loss that arises from its decision to (or not to) remove, censor, edit or delete any User Submissions or Feedback.
Unauthorized access or use of Children’s Data
- Responsibility of Parents to ensure availability of learning aids
Code of Conduct for Instructors
This code mentions the core values and professional standards that Instructors must always observe. In order to ensure the quality of the Classes and to keep the atmosphere during the Classes courteous, pleasant, and conducive to learning, it is important that Instructors act in keeping with the ‘Code of Conduct for Instructors’.
- Represent themselves, their experience, professional status, and qualifications honestly;
- Not mislead or defraud Tynker or Tynker’s customers (i.e., Parents and Students);
- Respect the privacy of Students and the confidentiality of information gained in connection with the Classes;
- Not share his or her own personal information in the Class or reveal any other user’s (Student or Instructor) personal information;
- Not get angry or impatient with any Student, even if the Student is unresponsive or disinterested;
- Be committed to equality and inclusion and to respecting and accommodating diversity among Students arising from gender, family status, religion, race, disability, ethnicity, and socio-economic status;
- Acknowledge and respect the uniqueness and specific needs of Students;
- Seek to develop positive relationships with Parents and Students and represent Tynker as if you were its brand ambassador, being respectful, courteous, and professional in all dealings with Parents and Students;
- Follow the appropriate Tynker branding guidelines while taking the classes (such as virtual backgrounds with Tynker branding and logo);
- Not disparage or make any inappropriate remarks about Tynker or its management in any manner impacting its goodwill or the Tynker brand;
- Apply their knowledge and experience in instructing Students and operate the Classes efficiently, professionally, and in such a manner so as to foster the Student’s educational growth in a fun and healthy learning environment;
- Fulfill and maintain basic expectations from a quality Instructor;
- Communicate effectively with Parents and Students and in a manner that is responsive, professional, collaborative, and supportive;
- Keep Tynker informed in a timely manner in case of any misconduct by any Student, unresponsiveness or disinterest of any Student, or continued absence of a Student from the Class;
- Not engage in any activities during or outside the scope of your Classes that might reflect negatively on Tynker, the Services, or the TYNKER brand. This includes but is not limited to criminal conduct of any sort and dangerous or suspicious activities;
- Not promote any products or services unrelated to the Class; and
- Follow any other guidelines prescribed by Tynker from time to time.
- Any Instructor whose actions do not conform to the ‘Code of Conduct for Instructors’ may not be allowed to conduct any further Classes.
- Tynker will not be liable for any loss that arises to the Instructors from Tynker disallowing any Instructor from conducting the Classes, because of the failure of Instructor to follow the Code of Conduct for Instructors.
Additional terms and conditions for Instructors
Instructor’s responsibility to ensure availability of teaching aids
The Instructors must ensure that they have the prescribed teaching aids such as a computer with webcam and very good internet access for seamless video (5 MBPS and above is preferred) and access to the prescribed online audio-visual platform.
Instructor’s responsibility to use only Tynker approved curriculum
In order to provide the Classes, the Instructors must use only the Tynker approved curriculum and are not permitted to use or refer to the Students or Parents (in writing or orally) any third party material or content of any form whatsoever, whether related or unrelated to the Classes.
Non-solicitation of customers
You agree that, during your engagement with Tynker and for a period of two (2) years thereafter, you shall not, directly or indirectly, whether during or after the Classes, solicit the Students or Parents and/or offer them, whether yourself or through any third party, any form services similar to the Classes.
Instructor’s responsibility for User Content
You agree that our decision to remove, censor, edit or delete any User Submissions and Feedback will be final. Tynker will not be liable for any loss that arises from its decision to (or not to) remove, censor, edit or delete any User Submissions and Feedback.
Restrictions regarding use and sharing of Children’s Data
You acknowledge that Parents may use the Services to authorize you to access children’s data. You agree that Tynker will not send you children’s data unless Parents explicitly authorize the transfer of children’s data to you.
In addition, you acknowledge that children may disclose children’s data to you and other Students that participate in the Class. You represent and warrant that you will access and use all children’s data that you receive in accordance with:
- The Agreement; and
- All applicable laws, rules, and regulations including applicable provisions of COPPA.
You agree not to use children’s data for any other purpose, or to disclose such data to any third person or entity.
Unauthorized access or use of Children’s Data
In the event you become aware of any potential or actual unauthorized access or use of the Children’s Data, you agree to notify Tynker promptly, to allow Tynker to comply with its obligations under applicable law. In addition, you also agree to reasonably cooperate with the other party and any law enforcement or regulatory officials.
Representation and Warranties
You represent and warrant to Tynker that:
- You have the right and authority to enter into the Agreement and to perform all your obligations under the Agreement;
- You are not a party to any agreement, or understanding which would prohibit, limit, restrict, or impair in any manner your performance related to the Agreement;
- You have the necessary qualifications, experience, licenses, permissions, work visa (if you are a non-US national) and consents to conduct Classes under the Agreement;
- Your performance related to the Agreement will not violate any applicable laws, rules, and regulations including applicable provisions of COPPA;
- Your performance related to Agreement will not defame, slander, libel, disparage, or invade the privacy rights of any person or entity, or contain false or misleading information; and
- The information or description that you provide about the Classes or about your experience or qualifications are not false or misleading.
You undertake that you will exercise your reasonable care and discretion in conducting the Classes for the benefit of the Students.
You acknowledge that your punctuality in attending the Classes will have a great impact on the Tynker brand and, therefore, you should not be late for the Classes or cancel the Classes arbitrarily (before or after commencement of the Classes) without any justifiable reason, which needs to be notified to us in a timely manner as early as practicable. Also, you need to communicate to us your vacation schedule before we set your class schedules and ensure that there are no cancellations to the set schedule, other than due to any reason beyond your reasonable control.
- Instructor’s responsibility to ensure availability of teaching aids
Promotions and Communication
- Additional terms and conditions may apply to promotions, like discounts etc. that we offer to our users. If you take benefit of any promotion, you are taken to have agreed to the terms and conditions applicable to such promotion.
You agree as follows:
- we may communicate with you (and you with us) via email and other forms of electronic communication.
- to receive, promptly review, and when requested, timely respond to all communications from us. These may include communications regarding Classes and/or other Services, payment transactions, marketing, and/or general administration.
We may (but are not required to) also establish other communication vehicles (e.g., a help phone line) that you may use.
Notice for California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- You acknowledge and agree that Tynker only facilitates the conduct of the Classes and the actual services are being conducted by the Instructors. Although our endeavour is to facilitate and offer duly qualified Instructors’ services for the Classes, we do not control the actual manner in which the services are being delivered. However, in case you are not satisfied with the Instructor performing the subscribed Class, we request you to report us the same at firstname.lastname@example.org in a timely manner so that we can investigate the matter and take commercially reasonable efforts to rectify the situation.
- Any refund claims made by you in relation to unused classes will be done only in accordance with the provisions of Clause 4.
If you have a dispute with one or more Users (including Instructors), you hereby release Tynker (and our officers, directors, managers, members, agents, subsidiaries, joint ventures, and employees) from any claims, demands, fees, expenses, or damages of any kind or nature, known or unknown, arising out of or in any way connected with such disputes.
Waiver of California Code §1542
If you are a California resident, you hereby waive California Civil Code §1542, which provides that:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”