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Payments Terms of Service

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IF YOU ARE SUBJECT TO UNITED STATES LAW, PLEASE NOTE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH TRAINNOW.CO PAYMENTS ARE RESOLVED. BY ACCEPTING THESE PAYMENTS TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

  1. Terms of Service

These terms and conditions (“Payments Terms”) govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the TrainNow.co Site, Application or Services (“Payment Services”) that  we provide to you in connection with your use of the TrainNow.co Site, Application and/or Services, and constitute a binding legal agreement between you and TrainNow.co Payments.

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Please also read carefully TrainNow.co ’s Privacy Policy.

 

  1. Modification

TrainNow.co reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Learners (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your TrainNow.co Account you will be deemed to have accepted the changes.

  1. Eligibility

The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.

 

  1. Account Registration

In order to use the Payment Services, you must first register to create an TrainNow.co Account and become a Member in accordance with the “Account Registration” section of the TrainNow.co Terms. You acknowledge and agree that anyone you authorize to use your TrainNow.co Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

 

  1. Identity Verification

You authorize TrainNow.co Payments, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize TrainNow.co Payments (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.), Data Protection Act (UK) and the Consumer Rights Act (UK). TrainNow.co Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

 

  1. Financial Terms for Bookings

 

    1. Key Definitions

Payment Method” means a payment method that you have added to your TrainNow.co Account, such as a credit card, debit card or PayPal.

Payout Method” means a payout method that you have added to your TrainNow.co Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).

 

    1. Financial Terms for Teachers regarding Bookings

If, as a Teacher, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by TrainNow.co Payments for the requested Booking will be refunded to the applicable Learner’s Payment Method and any pre-authorization of such Payment Method will be released.

TrainNow.co Payments will collect the Total Fees from each Learner either at the time of the Booking request or upon the Teacher’s confirmation of the Booking (depending upon the Learner’s Payment Method). TrainNow.co Payments will initiate payment of the Service Fees (less TrainNow.co ’s Teacher Fees and any Taxes in respect of the Teacher Fees, such as VAT in Europe) to the Teacher in most cases within 24 hours of the scheduled start time for the Learner at the applicable Service (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified), unless the Teacher and TrainNow.co Payments agree to a different time or trigger for payment. The time it takes for the Teacher to receive payouts once released by TrainNow.co Payments may depend upon the Payout Method chosen by the Teacher. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Teacher, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via TrainNow.co Payments to TrainNow.co (whether as a result of your Bookings or actions as a Learner or otherwise), then TrainNow.co Payments may (but is not obliged to) withhold the amount owing to TrainNow.co from any payout amounts due to you as a Teacher, and use the withheld amount to set off the amount owed by you to TrainNow.co . If TrainNow.co Payments does so, then your obligation to pay TrainNow.co will be extinguished to the extent of the amount withheld by TrainNow.co Payments, and TrainNow.co will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to TrainNow.co and/or TrainNow.co Payments by you. Such communication may be made by TrainNow.co , TrainNow.co Payments or by anyone on their behalf, including but not limited to a third party collection agent.

 

    1. Appointment of TrainNow.co Payments as Limited Payment Collection Agent for Teacher

Each Teacher hereby appoints TrainNow.co Payments as the Teacher’s limited payment collection agent solely for the purpose of accepting the Service Fees from Learners.

Each Teacher agrees that payment made by a Learner through TrainNow.co Payments, shall be considered the same as a payment made directly to the Teacher, and the Teacher will make the Service available to the Learner in the agreed-upon manner as if the Teacher has received the Service Fees. Each Teacher agrees that TrainNow.co Payments may, in accordance with the cancellation policy selected by the Teacher and reflected in the relevant Listing, refund to the Learner that portion of the Service Fees specified in the applicable cancellation policy. Each Teacher understands that TrainNow.co Payments accepts payments from Learners as the Teacher’s limited payment collection agent and that TrainNow.co Payments’ obligation to pay the Teacher is subject to and conditional upon successful receipt of the associated payments from Learners. TrainNow.co Payments does not guarantee payments to Teachers for amounts that have not been successfully received by TrainNow.co Payments from Learners. In accepting appointment as the limited collection agent of the Teacher, TrainNow.co Payments assumes no liability for any acts or omissions of the Teacher.

 

    1. Financial Terms for Learners regarding Bookings

You acknowledge and agree that, notwithstanding the fact that TrainNow.co Payments is not a party to the agreement between you and the Teacher, TrainNow.co Payments acts as the Teacher’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Teacher. Upon your payment of the Total Fees to TrainNow.co Payments, your payment obligation to the Teacher for the Service Fees is extinguished, and TrainNow.co Payments is responsible for remitting the Service Fees (less the Teacher Fees and any Taxes in respect of the Teacher Fees, such as VAT in Europe), in the manner described in these Payments Terms. In the event that TrainNow.co Payments does not remit any such amounts as described in these Payments Terms, such Teacher will have recourse only against such TrainNow.co Payments entity.

You as a Learner agree that TrainNow.co Payments may charge your Payment Method the Total Fees for any Booking requested in connection with your TrainNow.co Account. In order to establish a Booking pending the applicable Teacher’s confirmation of your requested Booking, you understand and agree that TrainNow.co Payments, on behalf of the Teacher, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your Payment Method. As a general rule, TrainNow.co Payments will collect the Total Fees due once TrainNow.co receives confirmation of your Booking from the applicable Teacher. However, if you pay with a push Payment Method (such as Alipay or Sofort), TrainNow.co Payments will collect Total Fees at the time of your Booking request. In instances in which TrainNow.co Payments is unable to collect Total Fees in the ordinary course, TrainNow.co Payments may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.

If a requested Booking is cancelled (i.e. not confirmed by the applicable Teacher), any amounts collected by TrainNow.co Payments will be refunded to such Learner, depending on the selections the Learner makes via the Site and Application, and any pre-authorization of such Learner’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to TrainNow.co Payments or its third-party payment processor(s). You agree to pay TrainNow.co Payments for any confirmed Bookings made in connection with your TrainNow.co Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by TrainNow.co Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize TrainNow.co Payments to charge any Payment Method on file in your TrainNow.co Account in the event of damage caused at an Service as contemplated under Section 8, “Damage to Classes and Security Deposits”, below.

If TrainNow.co Payments is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, TrainNow.co Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to TrainNow.co and/or TrainNow.co Payments by you. Such communication may be made by TrainNow.co , TrainNow.co Payments or by anyone on their behalf, including but not limited to a third party collection agent.

Please note that TrainNow.co Payments cannot control any fees that may be charged to a Learner by his or her third-party payment service provider related to TrainNow.co Payments’ collection of the Total Fees, and TrainNow.co Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.

 

    1. Service Fees and Other Fees

TrainNow.co Payments collects the Service Fees charged by TrainNow.co pursuant to the TrainNow.co Terms. Where applicable, TrainNow.co may also charge Taxes (such as VAT in Europe) in respect of the Teacher Fees and Learner Fees. TrainNow.co Payments deducts the Teacher Fees from the Service Fees before remitting the balance to the Teacher as described in these Payments Terms. Learner Fees are, as noted above, included in the Total Fees.

Balances will be remitted by TrainNow.co Payments to Teachers via the Payout Method selected by the Teacher in the Teacher’s currency of choice, depending upon the selections the Teacher makes via the Site, Application and Services.

Please note that TrainNow.co Payments may impose or deduct currency conversion costs on or from any payments or payouts by TrainNow.co in currencies other than U.S. dollars. More information on any such costs or deductions is available via the Site and Application, and in Section 10, “Currency Conversion”, below. Except as otherwise provided herein, Service Fees are non-refundable.

 

Cancellations and Refunds

If, as a Learner, you cancel your requested Booking within 48 hours of booking a course, TrainNow.co will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested Booking within a commercially reasonable time. If, as a Learner, you wish to cancel a confirmed Booking made via the Site, Application and Services, after the 48 hour period from initial booking, all refund requests after this period are to be requested from the trainer. If approved by the trainer, remittance of refunds will be handled by the trainer outside of our site. 

If a Teacher cancels a confirmed Booking made via the Site, Application or Services, TrainNow.co Payments will refund the Total Fees for such Booking to the applicable Learner within a commercially reasonable time of the cancellation. If the Learner requests to book an alternative Listing and the Teacher associated with such alternative Listing confirms the Learner’s requested Booking, then TrainNow.co Payments will collect the Total Fees relating to the confirmed Booking for the Service in the alternative Listing, in accordance with these Payments Terms.

If, as a Teacher, you cancel a confirmed Booking, you agree that TrainNow.co Payments may collect any cancellation fees imposed pursuant to the TrainNow.co Terms. TrainNow.co will treat your cancellation as a payment authorization, and TrainNow.co Payments may withhold any cancellation and processing fees from your future payouts or charged to any Payment Method on file in your TrainNow.co Account.

If TrainNow.co decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the TrainNow.co Terms, Learner Refund Policy or Extenuating Circumstances Policy, you agree that TrainNow.co Payments and the relevant Learner or Teacher will not have any liability for such cancellations or refunds.

If, as a Teacher, your Learner cancels a confirmed Booking or TrainNow.co decides that it is necessary to cancel a confirmed Booking, and TrainNow.co issues a refund to the Learner in accordance with the Learner Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policies, you agree that in the event you have already been paid, TrainNow.co Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Service Fees due to you.

Resolution Center

Each Member agrees that TrainNow.co Payments may collect from you any amount paid through the Resolution Center in connection with your TrainNow.co Account by charging the Payment Method associated with the relevant Booking or any other Payment Method on file in your TrainNow.co Account, or by withholding the amount from your future payouts. TrainNow.co Payments will process such payments otherwise in accordance with these Payments Terms.

Each Member collecting payment for services or amenities via the Resolution Center hereby appoints TrainNow.co Payments as that Member’s limited payment collection agent solely for the purpose of accepting funds from another Member for the purchase of services or amenities via the Resolution Center. Each Member agrees that payment made by a purchasing Member via the Resolution Center through TrainNow.co Payments, shall be considered the same as a payment made directly to the Member, and the Member will make the service(s) or amenity(ies) available to the purchasing Member in the agreed-upon manner as if the Member has received the payment. Each Member understands that TrainNow.co Payments accepts payments from purchasing Learners as the Member’s limited payment collection agent and that TrainNow.co Payments’ obligation to pay the Member is subject to and conditional upon successful receipt of the associated payments from purchasing Learners. TrainNow.co Payments does not guarantee payments to Learners for amounts that have not been successfully received by TrainNow.co Payments from purchasing Learners. In accepting appointment as the limited payment collection agent of the Member, TrainNow.co Payments assumes no liability for any acts or omissions of the Member.

If you are paying for services or amenities via the Resolution Center, you acknowledge and agree that, notwithstanding the fact that TrainNow.co Payments is not a party to the agreement between you and the Member providing the service(s) or amenity(ies), TrainNow.co Payments acts as the other Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Member. Upon your payment of the funds to TrainNow.co Payments, your payment obligation to the Member providing the service(s) or amenity(ies) for the agreed upon amount is extinguished, and TrainNow.co Payments is responsible for remitting the funds, in the manner described in these Payments Terms. In the event that TrainNow.co Payments does not remit any such amounts as described in these Payments Terms, such Member will have recourse only against such TrainNow.co Payments entity.

Rounding Off

TrainNow.co Payments may, in its sole discretion, round up or round down amounts that are payable from or to Learners or Teachers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, TrainNow.co Payments will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, TrainNow.co Payments may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for TrainNow.co Payments to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

 

 

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Booking Modifications

If, as a Learner, you owe additional amounts to TrainNow.co due to a Booking Modification, you agree that TrainNow.co Payments may collect such amounts by charging the Payment Method used to make your Booking. If, as a Teacher, you owe TrainNow.co any amounts due to a Booking Modification, you agree that TrainNow.co Payments may collect those amounts pursuant to the “Financial Terms for Teachers regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms.

 

  1. Taxes

In any jurisdiction in which TrainNow.co facilitates direct Collection and Remittance pursuant to the TrainNow.co Terms, you hereby instruct and authorize TrainNow.co Payments to collect Taxes from Learners on the Teacher’s behalf at the time Service Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by TrainNow.co Payments will be visible to and separately stated to both Learners and Teachers on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold TrainNow.co Payments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or Classes. Teachers and Learners further expressly grant TrainNow.co Payments permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Classes and Taxes, including, but not limited to, personally identifiable information such as Teacher or Learner’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Learners or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

    1. Opt-in to Teacher Remittance of Taxes

In any jurisdiction in which TrainNow.co facilitates Collection by Opt-in for Teacher Remittance pursuant to the TrainNow.co Terms, you hereby instruct and authorize TrainNow.co Payments to send Taxes received from Learners at the time Service Fees are collected to the Teacher who is obligated to send such taxes to the Tax Authority directly. You hereby agree that through third party payment processors, TrainNow.co Payments is merely processing your election and direction to have Taxes from Learners sent directly to the Teacher for remittance by the Teacher to the Tax Authority, and that You will remit all amounts collected from Learners as Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold TrainNow.co Payments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation of, collection of Taxes in any amount or at all as to your transactions or Classes. Teachers and Learners further expressly grant TrainNow.co Payments permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Classes and Taxes, including, but not limited to, personally identifiable information such as Teacher or Learner’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Teachers from Learners, or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

    1. Miscellaneous Delivery Tax Provisions

Whether you are a Learner or Teacher, you agree that any claim or cause of action relating to TrainNow.co Payments’ facilitation of Opt-in for Teacher Remittance or Collection and Remittance shall not extend to any supplier or vendor that may be used by TrainNow.co in connection with facilitation of Opt-in Remittance or Collection and Remittance of Taxes, if any. Learners and Teachers agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by TrainNow.co from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating), the collection or remittance of Taxes by Collection and Remittance, Opt-in for Teacher Remittance or any other means or method, in your jurisdiction, Teachers and Learners remain solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Classes.

Teachers and Learners acknowledge and agree that in some jurisdictions, TrainNow.co Payments may decide not to facilitate collection or remittance of Taxes or may not be able to facilitate the collection and/or remittance of Taxes, and nothing contained in these Payments Terms is a representation or guarantee that TrainNow.co Payments will facilitate collection and/or remittance of Delivery Tax anywhere at all, including in any specific jurisdiction, or that TrainNow.co Payments will continue to facilitate any collection or remittance of Delivery Tax in any specific jurisdiction in which it may have been offered. TrainNow.co Payments reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Delivery Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Teachers reasonable notice in any jurisdiction in which TrainNow.co Payments determines to cease any such facilitation.

 

  1. Currency Conversion

Key Definitions

Booking Currency” means the currency in which a Learner has to pay for his or her Booking. At the time the Learner submits a Booking request, the TrainNow.co platform will select the Booking Currency, based on the Learner’s country of origin as determined by (i) TrainNow.co ’s platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. TrainNow.co supports only a certain number of currencies as Booking Currencies. The Booking Currency for a Booking may be different from the relevant Listing Currency.

Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for a home located in New York would be U.S. dollars, and the Listing Currency for a home located in Japan would be Japanese Yen.

Base Exchange Rate” means a system-wide rate used by TrainNow.co for currency conversion that is in effect at the time the currency conversion is processed, and does not include any fee or mark-up by TrainNow.co . TrainNow.co establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).

Adjusted Exchange Rate” means a rate for currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by TrainNow.co for its holding costs and foreign currency risks.

Each currency conversion is processed at a currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.

TrainNow.co Payments will process a currency conversion in the following situations:

 

    1. Where the Booking Currency is different from the Listing Currency when a Learner submits a booking request for a Listing, TrainNow.co will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Listing Currency. The Learner Fee, which is a percentage of the applicable Service Fees, will be calculated based on the Service Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Listing Currency.

 

    1. When a confirmed Booking is modified or cancelled, and there had been a currency conversion when the Booking was submitted, the currency conversion for any additional payments required of the Learner or any refund to the Learner will be processed at the same rate as applied to the earlier payment by the Learner.

 

When you as a Learner submit a Booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Booking.

 

  1. Payment Method Information

You authorize TrainNow.co Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your TrainNow.co Account.

 

  1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:

 

    1. violate any local, state, provincial, national, or other law or regulation, or any order of a court;

 

    1. use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;

 

    1. use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

 

    1. register any Payment Method with your TrainNow.co account that is not yours or you do not have authorization to use;

 

    1. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual Course rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

    1. attempt to probe, scan, or test the vulnerability of any TrainNow.co system or network or breach any security or authentication measures;

 

    1. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TrainNow.co Payments or any of TrainNow.co Payments’ providers or any other third party (including another user) to protect the Payment Services;

 

    1. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;

 

    1. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or

 

    1. advocate, encourage, or assist any third party in doing any of the foregoing.

 

TrainNow.co Payments has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, TrainNow.co Payments may take a range of actions against you, including but not limited to limiting access to your TrainNow.co Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms.

 

  1. Privacy

You agree that TrainNow.co ’s Privacy Policy (as may be updated from time to time) governs TrainNow.co Payments’ collection, processing and use of your personal information.

 

  1. Intellectual Property Ownership and Rights Notice

The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of TrainNow.co , TrainNow.co Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of TrainNow.co or TrainNow.co Payments used on or in connection with the Payment Services are trademarks or registered trademarks of TrainNow.co or TrainNow.co Payments in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the Course of their respective owners. As a Teacher, Learner or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including TrainNow.co ’s Trademark & Branding Guidelines (as may be updated from time to time).

 

  1. Additional Products and Terms

Certain Payment Services or new or different products and services offered by TrainNow.co Payments from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, TrainNow.co Payments will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.

 

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the TrainNow.co Site and Application, or pursuant to Section 34, “Contact TrainNow.co Payments”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive Course of TrainNow.co and/or TrainNow.co Payments and you hereby irrevocably assign to TrainNow.co and TrainNow.co Payments and agree to irrevocably assign to TrainNow.co and TrainNow.co Payments all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual Course rights therein, and waive any moral rights you may have in such Feedback. At TrainNow.co or TrainNow.co Payments’ request and expense, you will execute documents and take such further acts as TrainNow.co or TrainNow.co Payments may reasonably request to assist TrainNow.co or TrainNow.co Payments to acquire, perfect, and maintain its intellectual Course rights and other legal protections for the Feedback.

  1. Account Limitation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your TrainNow.co Account and any associated Payment Services.

 

  1. Disclaimers

IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAINNOW.CO PAYMENTS PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, TRAINNOW.CO PAYMENTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAINNOW.CO PAYMENTS MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAINNOW.CO PAYMENTS MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAINNOW.CO PAYMENTS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTWITHSTANDING TRAINNOW.CO PAYMENTS’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TEACHERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM LEARNERS ON BEHALF OF THE TEACHERS, TRAINNOW.CO PAYMENTS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LEARNER OR OTHER THIRD PARTY. TRAINNOW.CO PAYMENTS DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH TEACHER EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.

 

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR TRAINNOW.CO ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER TRAINNOW.CO PAYMENTS NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAINNOW.CO PAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TEACHERS PURSUANT TO THESE PAYMENTS TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TRAINNOW.CO TEACHER GUARANTEE, IN NO EVENT WILL TRAINNOW.CO ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE TRAINNOW.CO PLATFORM AS A LEARNER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TEACHER, THE AMOUNTS PAID BY TRAINNOW.CO PAYMENTS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAINNOW.CO PAYMENTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

 

  1. Indemnification

You agree to release, defend, indemnify, and hold TrainNow.co Payments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Payment Services, or your violation of these Payments Terms; or (ii) your accrual or use of any TrainNow.co Travel Credits.

 

  1. Export Control and Restricted Countries

You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that: (i) neither you nor your listed Service is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

 

  1. Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional TrainNow.co policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between TrainNow.co Payments and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between TrainNow.co Payments and you regarding the Payment Services.

 

  1. Termination

 

  1. Termination for Convenience

You may terminate these Payments Terms at any time by following the termination procedures specified in the TrainNow.co Terms. Terminating these Payments Terms will also serve as notice to cancel your TrainNow.co Account pursuant to the TrainNow.co Terms. If you cancel your TrainNow.co Account as a Teacher, TrainNow.co Payments will provide your Learners a full refund. If you cancel your TrainNow.co Account as a Learner, TrainNow.co Payments will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, TrainNow.co Payments may terminate these Payments Terms for convenience at any time by giving you 30 days' notice via email to your registered email address.

 

  1. Termination for Breach, Suspension and Other Measures

TrainNow.co Payments may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your TrainNow.co Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) TrainNow.co Payments believes in good faith that such action is reasonably necessary to protect other Learners, TrainNow.co , TrainNow.co Payments or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.

In case of non-material breaches and where appropriate, you will be given notice of any measure by TrainNow.co Payments and an opportunity to resolve the issue to TrainNow.co Payments' reasonable satisfaction.

If you are a Teacher and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your TrainNow.co Account, (i) we will refund your Learners in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.

 

  1. Consequences

If your access to or use of the Payment Services has been limited or your TrainNow.co Account has been suspended or these Payments Terms has been terminated by us, you may not register a new TrainNow.co Account or attempt to access and use the Payment Services through other TrainNow.co Accounts.

 

  1. Survival

If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

 

  1. Assignment

You may not assign or transfer these Payments Terms, by operation of law or otherwise, without TrainNow.co Payments’ prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. TrainNow.co Payments may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

  1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by TrainNow.co Payments (i) via email (in each case to the address that you provide) or (ii) by posting to the TrainNow.co Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  1. Controlling Law and Jurisdiction

These Payments Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New Orleans, LA, Delaware or a United States District Court.  Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual Course rights, as set forth in, “Dispute Resolution”, below.

 

  1. Dispute Resolution

You and TrainNow.co Payments agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual Course rights. You acknowledge and agree that you and TrainNow.co Payments are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.Further, unless both you and TrainNow.co Payments otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Payments Terms.

Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at +1 800 778 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and TrainNow.co Payments otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TrainNow.co Payments submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 19, “Limitation of Liability”, above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. TrainNow.co will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, TrainNow.co Payments will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of Section 2, “Modification”, above, if TrainNow.co Payments changes this “Dispute Resolution” section after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of TrainNow.co Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TrainNow.co Payments in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

 

  1. General

The failure of TrainNow.co Payments to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TrainNow.co Payments. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.

 

  1. Third Party Beneficiary

These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms.

 

Communication

TrainNow.co Payments will provide the Teacher notice via email when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. TrainNow.co Payments will use the email address related to your TrainNow.co Account. It is your responsibility as a Teacher to ensure that you provide us with a current, accurate and valid email address.

Resolution Procedures for Diverted Payouts

If yous a Teacher believe that a payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your TrainNow.co Account (“Credentials”) are lost or stolen, you should notify TrainNow.co Payments UK pursuant to Section 34 immediately. As a Teacher you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Site, Application, Services and/or Payment Services in accordance with the TrainNow.co Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

If you as Teacher claim not to have received a payout properly due to you via your chosen Payout Method, TrainNow.co will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

Financial Terms for Learners regarding Bookings”, shall be amended by adding the following: “You acknowledge that if your TrainNow.co Account is located in Brazil and you are paying by credit card, you may pay for your Booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your Booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your Booking using credit card installments.