Terms Of Service
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH TRAINNOW ARE RESOLVED. BY ACCEPTING THESE 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. IN PARTICULAR, TEACHERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, TEACHERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A COURSE OR ACCEPTING LEARNERS. TEACHERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A COURSE ON TRAINNOW.
Last Updated: 5.01.18
Terms of Service
Bookings and Financial Terms
TrainNow provides an online platform that connects Teachers who have classes to list and book with Learners seeking to book such classes (collectively, the “Services“), which Services are accessible at www.TrainNow.co and any other websites through which TrainNow makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and TrainNow, Inc.
“TrainNow Content” means all Content that TrainNow makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” means a limited license granted by the Teacher to the Learner to enter and participate in the Listing for the limited duration of the confirmed booking, during which time the Teacher (only where and to the extent permitted by applicable law) retains the right to re-enter the Service, in accordance with the Learner’s agreement with the Teacher. Please note, as used on the Site, Applications, and Services have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Service for the duration of the confirmed booking as defined above.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Learner (as determined by TrainNow in its sole discretion), within which a Teacher may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and TrainNow Content.
“Communication” means an email, message via the Application, text message or message to a WeChat account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Learner” means a Member who requests from a Teacher a Booking of a Listing via the Site, Application or Services, or a Member who books a course and is not the Teacher for the associated Listing.
“Teacher” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Service that is listed by a Teacher as available for Booking via the Site, Application, and Services.
“Member” means a person who completes TrainNow’s account registration process, including but not limited to Teachers and Learners, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or TrainNow promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient Taxes, tourist or other visitor taxes, Service or lodging taxes, fees (such as convention center fees) that Service providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms Of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TEACHERS MAY CREATE LISTINGS FOR CLASSES AND LEARNERS MAY LEARN ABOUT AND BOOK CLASSES DIRECTLY WITH THE TEACHERS. YOU UNDERSTAND AND AGREE THAT TRAINNOW IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TEACHERS AND LEARNERS, NOR IS TRAINNOW A REAL ESTATE BROKER, AGENT OR INSURER. TRAINNOW HAS NO CONTROL OVER THE CONDUCT OF TEACHERS, LEARNERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY CLASSES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON TRAINNOW, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH TRAINNOW IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF TRAINNOW FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TRAINNOW. TRAINNOW DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF TRAINNOW, INCLUDING BY INAPPROPRIATELY USING ANY TRAINNOW INTELLECTUAL Property.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these 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 Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
TrainNow reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these 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 Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified 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 Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your TrainNow Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, TrainNow will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from TrainNow’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of Classes. Such Classes are included in Listings on the Site, Application and Services by Teachers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Service or create a Listing, you must first register to create a TrainNow Account (defined below).
As stated above, TrainNow makes available an online platform or marketplace with related technology for Learners and Teachers to meet online and arrange for Bookings of Classes directly with each other. TrainNow is not an owner or operator of classes, unless explicitly specified otherwise in the TrainNow platform, TrainNow’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TEACHERS AND LEARNERS CONNECTING AND BOOKING CLASSES DIRECTLY WITH EACH OTHER. TRAINNOW CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CLASSES. TRAINNOW IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CLASSES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Service or create a Listing, you must register to create an account (“TrainNow Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your TrainNow Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to TrainNow through the Site, Services or Application; or (ii) allowing TrainNow to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to TrainNow and/or grant TrainNow access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TrainNow to pay any fees or making TrainNow subject to any usage limitations imposed by such third-party service providers. By granting TrainNow access to any Third-Party Accounts, you understand that TrainNow will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your TrainNow Account and TrainNow Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your TrainNow Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or TrainNow’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your TrainNow Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. TrainNow makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and TrainNow is not responsible for any SNS Content.
Your TrainNow Account and your TrainNow Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active TrainNow Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TrainNow reserves the right to suspend or terminate your TrainNow Account and your access to the Site, Application and Services if you create more than one (1) TrainNow Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on TrainNow, you are not permitted to share your TrainNow Account with anyone or allow others to access or use your TrainNow Account. TrainNow may enable features, in our discretion, that allow other Learners to take certain actions associated with your TrainNow Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Teacher. You agree that you will take sole responsibility for any activities or actions under your TrainNow Account, whether or not you have authorized such activities or actions. You will immediately notify TrainNow of any unauthorized use of your TrainNow Account.
- Service Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Service and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Classes must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Learner and Teacher preferences, ratings and/or ease of Booking.
Other Learners will be able to book your Service via the Site, Application and Services based upon the information provided in your Listing, your Learner requirements, and Learners’ search parameters and preferences. You understand and agree that once a Learner requests a Booking of your Service, you may not request the Learner to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Learner’s booking at, an Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Service included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that TrainNow assumes no responsibility for a Teacher’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. TrainNow reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TrainNow, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Teacher, you understand and agree that TrainNow does not act as an insurer or as your contracting agent. If a Learner requests a Booking of your Service and stays at your Service, any agreement you enter into with such Learner is between you and the Learner and TrainNow is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Learners who are eligible to request a Booking of your Service, such as requiring Learners to have a profile picture or verified phone number, in order to book your Service. Any Member wishing to book Classes included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Teaching” section of the Site, Application and Services.
If you are a Teacher, TrainNow makes certain tools available to you to help you to make informed decisions about which Learners you choose to confirm or preapprove for Booking for your Service. You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Service at your request or invitation, excluding the Learner (and the individuals the Learner invites to the Service, if applicable.)
TrainNow recommends that Teachers obtain appropriate insurance for their Classes. Please review any insurance policy that you may have for your Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Learners (and the individuals the Learner invites to the Service, if applicable) while at your Service. Please also review such policy for any interaction with the TrainNow Teacher Protection Insurance Program, to the extent provided in your jurisdiction.
TrainNow may offer Teachers the option of having photographers take photographs of their Classes. If you as a Teacher choose to have photographer do this, TrainNow shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “TrainNow.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Teacher for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute TrainNow Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from TrainNow. If your TrainNow Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that TrainNow retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
- No Endorsement
TrainNow does not endorse any Member, Listing or Service. You understand that Verified Images are intended only to indicate a photographic representation of the Service at the time the photograph was taken. Verified Images are therefore not an endorsement by TrainNow of any Member, Listing or Service.
Learners are required by these Terms to provide accurate information. Although TrainNow may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Learners and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a TrainNow Account, you agree that TrainNow may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TrainNow about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Teacher or to accept or preapprove a Booking request from a Learner, or to have any other interaction with any other Member. Except as provided in the TrainNow Teacher Guarantee Terms and Conditions (“TrainNow Teacher Guarantee“), which is an agreement between TrainNow and Teachers, we are not responsible for any damage or harm resulting from your interactions with other Learners.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Learners or other third parties will be limited to a claim against the particular Learners or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from TrainNow with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Learners on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Teacher against TrainNow regarding the remittance of payments received from a Learner by TrainNow on behalf of a Teacher, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings And Financial Terms
- Key definitions
“Service Fees” means the amounts that are due and payable by a Learner in exchange for that Learner’s participation in a class. The Teacher alone, and not TrainNow, is responsible for the Service Fees for his or her Listing. The Teacher may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the TrainNow platform, or (ii) Taxes that the Teacher determines that he or she has to collect.
“Learner Fees” means the fee that TrainNow charges a Learner for the use of the Services, which is calculated as a percentage of the applicable Service Fees. The Learner Fees will be displayed to the Learner when the Learner is asked whether to send a Booking request to a Teacher.
“Teacher Fees” means the fee that TrainNow charges a Teacher for the use of the Services, which is calculated as a percentage of the applicable Service Fees.
“Payment Method” means a payment method that you have added to your TrainNow Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the Learner Fees and the Teacher Fees.
“Total Fees” means collectively the Service Fees and the Learner Fees plus any Taxes.
- Bookings and Financial Terms for Teachers
If you are a Teacher and a Booking is requested for your Service via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Learner who has requested the Booking, (ii) a link to the Learner’s TrainNow Account profile page, (iii) if the Learner and Teacher have both connected their TrainNow accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Learner has provided other information to TrainNow, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by TrainNow for the requested Booking will be refunded to the applicable Learner. When you confirm a Booking requested by a Learner, TrainNow will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
TrainNow will collect the Total Fees from Learners at the time of the Booking request or upon the Teacher’s confirmation and will initiate payment of the Service Fees (less applicable fees and taxes) to the Teacher at the time and as further described in the Payments Terms.
Each Teacher agrees that TrainNow may, in accordance with the cancellation policy selected by the Teacher and reflected in the relevant Listing, (i) permit the Learner to cancel the Booking and (ii) refund to the Learner that portion of the Service Fees specified in the applicable cancellation policy.
- Bookings and Financial Terms for Learners
The Teachers, not TrainNow, are solely responsible for honoring any confirmed Bookings and making available any Classes reserved through the Site, Application and Services. If you, as a Learner, choose to enter into a transaction with a Teacher for the Booking of a Service, you agree and understand that you will be required to enter into an agreement with the Teacher and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Teacher.
You acknowledge and agree that you, and not TrainNow, will be responsible for performing the obligations of any such agreements, that TrainNow is not a party to such agreements, and that, with the exception of TrainNow’ obligations pursuant to the Payments Terms, TrainNow (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Learner before the Learner sends a Booking request to a Teacher. As noted above, the Teacher is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled.
You as a Learner agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your TrainNow Account. TrainNow will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
- Service Fees and Other Fees
In consideration for the use of TrainNow’s online marketplace and platform, TrainNow charges Service Fees. TrainNow collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Teacher Fees and Learner Fees. TrainNow deducts the Teacher’s Fees from the course price before remitting the balance to the Teacher as described in the Payments Terms. Learner Fees are, as noted above, included in the Total Fees.
Applicable Learner Fees, as well as Taxes collected by TrainNow, will be shown to Learners via the Site and Application at checkout, prior to their submission of a Booking request. And, TrainNow will disclose applicable Teacher Fees to Teachers via the Site and Application. More information on Services Fees can be found at the TrainNow Help Center.
- General Booking and Financial Terms
Cancellations and Refunds
If, as a Learner, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Service, the cancellation policy of the Teacher contained in the applicable Listing will apply to such cancellation. Our ability to refund the Service Fees, Learner Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Learner Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Teacher. TrainNow will initiate any refunds due pursuant to the Payments Terms.
If a Teacher cancels a confirmed Booking made via the Site, Services, and Application, (i) TrainNow will refund the Total Fees for such Booking to the applicable Learner pursuant to the Payments Terms and (ii) the Learner will receive a Communication from TrainNow containing alternative Listings and other related information. If the Learner requests a Booking from one of the alternative Listings and the Teacher associated with such alternative Listing confirms the Learner’s requested Booking, then the Learner agrees to pay TrainNow the Total Fees relating to the confirmed Booking for the Service in the alternative Listing, in accordance with these Terms. If a Teacher cancelled a confirmed Booking and you, as a Learner, have not received a Communication from TrainNow, please contact TrainNow.
If, as a Teacher, you cancel a confirmed Booking, you agree that TrainNow may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, TrainNow may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in TrainNow’s Extenuating Circumstances Policy or for any other reason. TrainNow may also determine, in its sole discretion, to refund to the Learner part or all of the amounts charged to the Learner in accordance with the Learner Refund Policy or in connection with a cancellation under TrainNow’s Extenuating Circumstances Policy. You agree that TrainNow and the relevant Learner or Teacher will not have any liability for such cancellations or refunds.
Some Teachers may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Teacher does in fact make the donation he or she pledged to make. In such cases, the Teacher in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Learner or Teacher are responsible for any modifications to a Booking that you direct TrainNow Customer Service to make (“Booking Modifications“), and you agree to pay any Service Fees, Learner Fees, Teachers Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Tax regulations may require us to collect appropriate tax information from our Teachers, or to withhold taxes from payouts to Teachers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Teachers, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US Teachers with at least one Listing in the US. You as a Teacher are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Teacher fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Teacher and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Teacher understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. TrainNow cannot and does not offer Tax-related advice to any Learners.
Where applicable, or based upon request from a Teacher, TrainNow may issue a valid VAT invoice to such Teacher.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Service is located may require Taxes to be collected from Learners or Teachers on the amount paid for the right to use and/or delivery of classes, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Service Fees set by Teachers, a set amount per day, or other variations, and are sometimes called “sales and use taxes” or “value added taxes” (hereafter, “Taxes“).
- Delivery Tax Collection and Remittance
In certain jurisdictions, TrainNow may decide in its sole discretion to facilitate collection and remittance of Taxes from or on behalf of Learners or Teachers, in accordance with your directions in these Terms (“Collection and Remittance”) if such tax jurisdiction asserts TrainNow or Teachers have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Learner or Teacher, in lieu of the Teacher collecting Taxes from Learners and remitting to the Tax Authority, you hereby instruct and authorize TrainNow (via TrainNow) 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. When TrainNow facilitates Collection and Remittance of Taxes in a jurisdiction for the first time, TrainNow will provide notice to existing Teachers with Listings for Classes in such jurisdictions. When a new Listing is created in a jurisdiction where TrainNow facilitates Collection and Remittance of Taxes, the Teacher will be notified in the Listing creation flow.
The amount of Taxes, if any, collected and remitted by TrainNow will be visible to and separately stated to both Learners and Teachers on their respective transaction documents. Where TrainNow is directly facilitating Collection and Remittance, Learners and Teachers agree that Teachers are not permitted to attempt collection, or collect any Taxes being collected by TrainNow relating to their Classes on TrainNow in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold TrainNow 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. For any jurisdiction in which we facilitate Collection and Remittance, Teachers and Learners expressly grant us 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.
- Opt-in to Teacher Remittance of Taxes
In other jurisdictions, TrainNow may decide in its sole discretion to facilitate Tax collection on behalf of Teachers and Learners in accordance with a Teacher’s direction to opt in to a specific Delivery Tax line item in the Booking process, in which the Teacher directs that Taxes from Learners be sent directly to the Teacher so that the Teacher will remit such taxes directly to Tax Authority (“Opt-in for Teacher Remittance“). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Teacher Remittance, whether you are a Learner or Teacher, you hereby instruct and authorize TrainNow (via TrainNow) 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. If TrainNow offers and a Teacher selects Opt-in for Teacher Remittance in any jurisdiction, Teachers and Learners remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Classes; you agree and understand that TrainNow is not responsible for, and will not send any such Taxes to the Tax Authority under Opt-in to Teacher Remittance of Taxes. You hereby agree that through third party payment processors, TrainNow 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 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. For any jurisdiction in which we facilitate Opt-in for Teacher Remittance, Teachers and Learners expressly grant us 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.
- Miscellaneous Delivery Tax Provisions
Whether you are a Learner or Teacher, you agree that any claim or cause of action relating to TrainNow’s facilitation of Opt-in for Teacher Remittance or Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by TrainNow 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 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 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 Terms of Service is a representation or guarantee that TrainNow will facilitate collection and/or remittance of Delivery Tax anywhere at all, including in any specific jurisdiction, or that TrainNow will continue to facilitate any collection or remittance of Delivery Tax in any specific jurisdiction in which it may have been offered. TrainNow 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 determines to cease any such facilitation.
- Currency Conversion
TrainNow’s online platform facilitates Bookings between Learners and Teachers who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the TrainNow platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
- Damage to Classes and Security Deposits
As a Learner, you are responsible for leaving the Service (including any personal or other Course located at an Service) in the condition it was in when you arrived. You acknowledge and agree that, as a Learner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Service. In the event that a Teacher claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Both Learners and Teachers agree to cooperate with and assist TrainNow in good faith, and to provide TrainNow with such information and take such actions as may be reasonably requested by TrainNow, in connection with any Damage Claims or other complaints or claims made by Learners relating to Classes or any personal or other Course located at an Service (including, without limitation, payment requests made under the TrainNow Teacher Guarantee) or with respect to any investigation undertaken by TrainNow or a representative of TrainNow regarding use or abuse of the Site, Application or the Services. If you are a Learner, upon TrainNow’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Teacher, at no cost to you, which process will be conducted by TrainNow or a third party selected by TrainNow or its insurer, with respect to losses for which the Teacher is requesting payment from TrainNow under the TrainNow Teacher Guarantee.
- Learner 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 Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies TrainNow endorsement, partnership or otherwise misleads others as to your affiliation with TrainNow;
- dilute, tarnish or otherwise harm the TrainNow brand in any way,
including through unauthorized use of Collective Content,
registering and/or using TrainNow or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TrainNow domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of TrainNow or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or 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;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to learning at a training institution;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an TrainNow Learner or Teacher;
- offer, as a Teacher, any Service that you do not yourself own or have permission to Book as a Course (without limiting the foregoing, you will not list Classes as a Teacher if you are serving in the capacity of an agent for a third party);
- offer, as a Teacher, any Service that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
- register for more than one TrainNow Account or register for an TrainNow Account on behalf of an individual other than yourself;
- unless TrainNow explicitly permits otherwise, request or book a stay at any Service if you will not actually be learning at the Service yourself;
- contact another Member for any purpose other than asking a question related to a Booking, Service, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Teacher or other Member to join third-party services or websites that are competitive to TrainNow, without TrainNow’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Teacher or Learner and then complete a Booking of an Service independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to TrainNow’s provision of the Services or for any other reasons;
- as a Teacher, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- violate these Terms or TrainNow’s then-current Policies and Community Guidelines or Standards;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- 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;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, TrainNow’s name, any TrainNow trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without TrainNow’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, TrainNow’s computer systems, or the technical delivery systems of TrainNow’s providers;
- attempt to probe, scan, or test the vulnerability of any TrainNow system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TrainNow or any of TrainNow’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- 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 Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Service Fees outside TrainNow. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold TrainNow harmless from any liability for such payment.
TrainNow 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 Terms, TrainNow may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or TrainNow Account, for a violation of this Section or these Terms.
TrainNow may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TrainNow or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the TrainNow Teacher Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, Course or safety of TrainNow, its users, or Learners of the public. You acknowledge that TrainNow has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. TrainNow reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TrainNow, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you learn with a Teacher or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TrainNow by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Intellectual Course Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual Course rights, are the exclusive Course of TrainNow 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 Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of TrainNow used on or in connection with the Site, Application, Services, and TrainNow Content are trademarks or registered trademarks of TrainNow in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and TrainNow Content 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 Site, Application, Services and Collective Content, including TrainNow’s Trademark & Branding Guidelines (as may be updated from time to time).
- Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to TrainNow (“Referral Program“). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
- Application License
Subject to your compliance with these Terms, TrainNow grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. TrainNow reserves all rights in the Application not expressly granted to you by these Terms.
- TrainNow Content and Member Content License
Subject to your compliance with these Terms and TrainNow’s Trademark & Branding Guidelines, TrainNow grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TrainNow Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual Course rights owned or controlled by TrainNow or its licensors, except for the licenses and rights expressly granted in these Terms.
- Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through TrainNow promotional campaigns, you hereby grant to TrainNow a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. TrainNow does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through TrainNow promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through TrainNow promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to TrainNow the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TrainNow’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or TrainNow promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual Course rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TrainNow is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TrainNow of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive Course of TrainNow and you hereby irrevocably assign to TrainNow and agree to irrevocably assign to TrainNow 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’s request and expense, you will execute documents and take such further acts as TrainNow may reasonably request to assist TrainNow to acquire, perfect, and maintain its intellectual Course rights and other legal protections for the Feedback.
- Copyright Policy
TrainNow respects copyright law and expects its users to do the same. It is TrainNow’s policy to terminate in appropriate circumstances the TrainNow Accounts of Learners or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TrainNow’s Copyright Policy for further information.
- Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or TrainNow terminate these Terms as described below.
- Termination for convenience
You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your TrainNow Account as a Teacher, any confirmed Bookings will be automatically cancelled and your Learners will receive a full refund. If you cancel your TrainNow Account as a Learner, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, TrainNow may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
- Termination for breach, suspension and other measures
TrainNow may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the TrainNow Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) TrainNow believes in good faith that such action is reasonably necessary to protect the safety or Course of other Learners, TrainNow or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition TrainNow may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your TrainNow Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your TrainNow Account, or temporarily or permanently suspend your TrainNow Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Teachers or Learners, or (ii) TrainNow believes in good faith that such action is reasonably necessary to protect the safety or Course of Learners, TrainNow or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section 24.C, we may (i) communicate to your Learners or Teachers that a pending or confirmed Booking has been cancelled, (ii) refund your Learners in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Learners, on an exceptional basis, in finding potential alternative Classes, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by TrainNow and an opportunity to resolve the issue to TrainNow’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your TrainNow Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your TrainNow Account has been suspended or this Agreement has been terminated by us, you may not register a new TrainNow Account or attempt to access and use the Site, Application and Services through other TrainNow Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAINNOW DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, LEARNERS AND TEACHERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAINNOW EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAINNOW MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY CLASSES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAINNOW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CLASSES, TEACHERS, LEARNERS, YOUR ACCRUAL OF TRAINNOW TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAINNOW OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TEACHERS OR LEARNERS. YOU UNDERSTAND THAT TRAINNOW DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CLASSES. TRAINNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LEARNERS AND TEACHERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRAINNOW. TRAINNOW EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LEARNER OR OTHER THIRD PARTY.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY CLASSES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRAINNOW WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRAINNOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAINNOW 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 TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TRAINNOW TEACHER GUARANTEE, IN NO EVENT WILL TRAINNOW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER LEARNERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES 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 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 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.
You agree to release, defend, indemnify, and hold TrainNow 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Service, or (iii) creation of a Listing; (d) the use, condition or Booking of an Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Service; and (e) your participation in the Referral Program or your accrual of any TrainNow Travel Credits.
- Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) 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 Site, Application and 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. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. TrainNow does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
- Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
- You acknowledge and agree that (i) these Terms are concluded between you and TrainNow only, and not Apple, and (ii) TrainNow, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TrainNow and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TrainNow.
- You and TrainNow acknowledge that, as between TrainNow and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and TrainNow acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual Course rights, as between TrainNow and Apple, TrainNow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual Course infringement claim to the extent required by these Terms.
- You and TrainNow acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional TrainNow policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between TrainNow and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Classes made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between TrainNow and you regarding Bookings or listings of Classes, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without TrainNow’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TrainNow may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TrainNow (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
- Controlling Law and Jurisdiction
These Terms and your use of the 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 Delaware, 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 the Dispute Resolution provision below.
- Dispute Resolution
If you reside in the United States, you and TrainNow agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (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 property rights. You acknowledge and agree that you and TrainNow 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 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 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/arb_medor 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 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 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 the “Limitation of Liability” section 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 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 $10,000, TrainNow 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 the “Modification” section above, if TrainNow changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these 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’s 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 in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of TrainNow to enforce any right or provision of these 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. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- Contacting TrainNow
If you have any questions about these Terms or any App Store Sourced Application, please contact TrainNow.
Our Commitment to Inclusion and Respect
The TrainNow.co community is committed to building a place where people from every background feel welcome and respected, no matter how far they have traveled to learn. This commitment rests on two foundational principles that apply both to TrainNow.co ’s Teachers and Learners: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the TrainNow.co platform no matter who they are, where they come from, how they worship, or whom they love. TrainNow.co recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require Teachers to violate local laws or take actions that may subject them to legal liability. TrainNow.co will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.
While we do not believe that one company can mandate harmony among all people, we do believe that the TrainNow.co community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the TrainNow.co community—Teachers, Learners and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, TrainNow.co employees, Teachers and Learners alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.
- Inclusion – We welcome Learners of all backgrounds with authentic hospitality and open minds. Joining TrainNow.co , as a Teacher or Learner, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While Teachers are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
- Respect – We are respectful of each other in our interactions and encounters. TrainNow.co appreciates that local laws and cultural norms vary around the world and expects Teachers and Learners to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. TrainNow.co ’s Learners bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, TrainNow.co fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
Specific Guidance for Teachers in the United States and European Union
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public Service. Teachers should contact TrainNow.co customer service if they have any questions about their obligations to comply with this TrainNow.co Nondiscrimination Policy. TrainNow.co will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU Teacher community will follow these rules when considering potential Learners and Teachering Learners:
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
- TrainNow Trainers may not
- Decline a Learner based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Post any listing or make any statement that discourages or indicates a preference for or against any Learner on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- TrainNow Trainers may not
- Decline to teach a Learner based on gender
- Impose any different terms or conditions based on gender unless the Teacher shares living Courses with the Learner.
- Post any listing or make any statement that discourages or indicates a preference for or against any Learner on account of gender, unless the Teacher shares living Courses with the Learner.
- TrainNow Trainers may
- Make a unit available to Learners of the Teacher’s gender and not the other, where the Teacher shares living Courses with the Learner.
- TrainNow Trainers may not:
- Decline a Learner based on any actual or perceived disability.
- Impose any different terms or conditions based on the fact that the Learner has a disability.
- Substitute their own judgment about whether a unit meets the needs of a Learner with a disability for that of the prospective Learner.
- Inquire about the existence or severity of a Learner’s disability, or the means used to accommodate any disability. If, however, a potential Learner raises his or her disability, a Teacher may, and should, discuss with the potential Learner whether the listing meets the potential Learner’s needs.
- Prohibit or limit the use of mobility devices.
- Charge more in fees for Learners with disabilities.
- Post any listing or make any statement that discourages or indicates a preference for or against any Learner on account of the fact that the Learner has a disability.
- Refuse to communicate with Learners through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
- Refuse to provide reasonable classes, including flexibility when Learners with disabilities request modest changes in your rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking Course near the unit. When a Learner requests such a Service, the Teacher and the Learner should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the Learner’s needs.
- TrainNow Trainers may:
- Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for Learners with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
- TrainNow Trainers may
- Except as noted above, TrainNow Trainers may decline to teach based on factors that are not prohibited by law. For example, except where prohibited by law, TrainNow Trainers may decline to teach Learners with pets, or to Learners who smoke.
- Require Learners to respect restrictions on foods consumed in the listing (e.g., a Teacher who maintains a Kosher or vegetarian kitchen may require Learners to respect those restrictions).
- Nothing in this policy prevents a Teacher from turning down a Learner on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an TrainNow.co Teacher may turn down a Learner who wants to smoke indoors or place limits on the number of Learners in a classroom.
When Learners are turned down. Teachers should keep in mind that no one likes to be turned down. While a Teacher may have, and articulate, lawful and legitimate reasons for turning down a potential Learner, it may cause that member of our community to feel unwelcome or excluded. Teachers should make every effort to be welcoming to Learners of all backgrounds. Teachers who demonstrate a pattern of rejecting Learners from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Learners feel unwelcome, and TrainNow.co may suspend Teachers who have demonstrated such a pattern from the TrainNow.co platform.
Specific Guidance for Teachers Outside the United States and European Union
Outside of the United States and the European Union, some countries or communities may allow or even require people to make Service distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require Teachers to violate local laws, nor to accept Learners that could expose the Teachers to a real and demonstrable risk of arrest, or physical harm to their persons or Course. Teachers who live in such areas should set out any such restriction on their ability to Teacher particular Learners in their listing, so that prospective Learners are aware of the issue and TrainNow.co can confirm the necessity for such an action. In communicating any such restrictions, we expect Teachers to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.
What happens when a Teacher does not comply with our policies in this area?
If a particular listing contains language contrary to this nondiscrimination policy, the Teacher will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. TrainNow.co may also, in its discretion, take steps up to and including suspending the Teacher from the TrainNow.co platform.
If the Teacher improperly rejects Learners on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, TrainNow.co will take steps to enforce this policy, up to and including suspending the Teacher from the platform.
As the TrainNow.co community grows, we will continue to ensure that TrainNow.co ’s policies and practices align with our most important goal: To ensure that Learners and Teachers feel welcome and respected in all of their interactions using the TrainNow.co platform. The public, our community, and we ourselves, expect no less than this.