Additional Terms of Use for Tynker Live Classes

Effective Date: September 1, 2023

Welcome to Tynker Live Classes which is operated and owned by Neuron Fuel, Inc. and its related entities or body corporates (“Tynker”, “us”, “we” and “our”).

Your use of the Tynker Live Class Services is governed by the Terms of Use, the Privacy Policy, and these Additional Terms of Use for Tynker Live Classes (“Additional Terms”) (collectively, “Agreement”). We recommend that you read all three documents before using such Live Class Services as they represent your agreement with Tynker with respect to your child(ren) attending one or more Tynker Live Classes. You agree to abide and be bound by, and become a party to, these Additional Terms.

When you read these Additional Terms, you will come across certain capitalized terms. The capitalized terms which are not defined in these additional terms, will have the same meaning as set out in the Terms of Use or the Privacy Policy. If you have any questions or comments regarding these Additional Term, please contact us at liveclass@tynker.com.

Our Tynker Live Classes are delivered by our Business Affiliate BYJU’S Future School. Here is a link to their Terms and Privacy Policy.

The Tynker Live Classes are taught by independent professionals who have been selected by BYJU’s FutureSchool (“Business Affiliate”) to teach based on their experience and upon completing our selection process (“Instructors”). You understand that when you enroll your child to take our Live Classes, we will share the child’s name with the Instructor for purposes of teaching. By enrolling in or otherwise joining the Live Classes, you grant us permission to share the child’s information with the Instructor. Instructors are required to respect the privacy of all users. Instructors may only use such information to communicate with you or the child for purposes of class-facilitated transactions. Instructors may not use such information for any other purpose, such as sending unsolicited commercial messages or unauthorized transactions.

Tynker Live Classes
1. The classes offered under the Tynker Live Class Services (defined below) are as follows:
  1. Tynker group classes wherein live classes are taken by Instructors for a group of children comprising of various fixed term courses as per the specified schedule (“Group Classes”); and
  2. Tynker private 1:1 classes which maybe in the form of (i) live 1:1 private-classes with a dedicated Instructor; or (ii) an offline interactive class with a designated personal Instructor who will assign lessons offline to the Student, review Student’s work, answer technical coding questions by the student asynchronously on Tynker Platform (not live), and periodically have live catch up sessions with the student (both (i) and (ii) are collectively referred to as “Private Live Classes”).
  The Group Live Classes and the Private Live Classes are collectively referred to as “Classes”.
2. The Tynker Live Classes comprise of the following (collectively “Live Class Services”):
  1. making the online platform (“Platform”) available to users that allows Parents and Instructors to connect in order to avail or provide the Classes to students subscribing for such Classes (“Students”);
  2. carrying out periodic assessments of the Students; and
  3. providing such other support services as may be necessary from time to time.
3. In order to avail the Live Classes, you need to create an account with Tynker for the Student as per the Tynker Terms of Use (which may be free of cost or on paid basis) and enroll for the selected Live Classes. In case you are already a registered user of Tynker and availing Tynker Home Courses, you can use the same account to enroll for the Tynker Live Classes. During enrollment, you (as a Parent) must also provide us a valid email id of either of the Parents or the Student’s appointed guardian for communication purposes so that we can send the confirmation of the enrollment, updates and links to classes and schedules from time to time. In order to provide the Classes, the Instructors also need to register themselves as an Instructor on the Platform. You may use the Live Classes only in accordance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Please note that for the Live Classes, the Students will have access to the courses only during the Live Classes and for any homework assigned by the Instructors. The courses designed for the Tynker Live Classes are unique and are different than the Home Courses available on the Platform to other Tynker users. Subscription to the Tynker Live Classes DOES NOT enable you to access the Home Courses or vice versa. You agree that Tynker and its Business Affiliate exclusively retain all ownership rights in the course content.
4. As a Parent, you should select the classes that best suit the needs of your child(ren) based on your schedule, cost, and any other factors pertinent to you and your child(ren). We encourage you to share your preferences and special needs of the Students, if any, with us at the time of registration or soon thereafter so that we can select the best suited Instructor matching the Student’s needs.
  
  Upon commencement of the Private 1:1 Live Classes, the designated Instructor will assess the Student’s capability for the selected Class based on student’s age, interest and experience levels, and may suggest modification to the level chosen by the Parent, as the Instructor deems fit in the Student’s best interest.
5. The Live Classes may be modified or discontinued in whole or in part of the Classes, the underlying curriculum, or place general limitations and restrictions on the Services related to Classes. Such modification or discontinuation of the Classes or related Services may be temporary, or permanent. Where such changes or limitations to the Classes adversely affect you, Tynker will try to bring these to your prior attention. However, a prior notice may not always be possible or practical, in which case we retain the right to make these changes without notice or liability of any kind.
Recordings
1. Recording of the Classes and ownership rights
  Live Classes may be monitored and recorded, and you explicitly consent and grant permission to us and our Business Affiliate to (a) make videos or audio/sound recordings of, and to take screenshots during, any Live Classes, parent-teacher sessions, lectures, discussions and conversations, presentations, or similar activities, or to the extent required to improve the services, including for training and quality assurance purposes (collectively, “Recordings”); and (b) monitor live and recorded Live Classes in order to assess and audit the Instructor’s performance, for training and quality assurance purposes, and as otherwise required to provide the Services. The Recordings may be used for any lawful purpose. Parents are not permitted to record any Classes. Tynker and its Business Affiliate retains all ownership rights in the Recordings.
Paying for the Classes
1. Paying for the Classes
  You must pay for all Live Classes that you enroll in, or register for, in advance. You authorize Tynker to charge the full amount for these Live Classes to your chosen payment method available at the time of checkout.
2. Billing policies
  Except as otherwise specified in the Agreement, all amounts chargeable for the Live Classes and applicable taxes on such amounts are charged in United States Dollars and are payable in advance.
3. Payment information
  All payment information that you provide to Tynker must be accurate, complete, and current. Tynker reserves the right to suspend the Services until you provide a valid method of payment.
  
  By providing your payment information to Tynker, you authorize Tynker to charge your payment method for the following amounts:
  - Applicable charges for the Classes booked under your account; and
  - All amounts payable by you under the Agreement, like applicable taxes on any charges payable by you.
  You represent that you are an authorized user of the payment provider, and will not dispute any scheduled transactions with your payment provider, if they correspond with the Agreement. If any payment request made by Tynker is rejected owing to insufficient funds or lack of authorization, your services may be suspended and you agree to rectify the situation in order to continue availing the Tynker Tutoring Services.
Cancellations and refunds
1. Modifying Class schedule and cancelling listing of Group Classes
  The schedule of Tynker Group Classes may be modified or canceled if the minimum number of enrolments for such Group Class is not received. Refunds or credits for modified or canceled listings will be notified to you at the relevant time.
2. Cancellation of subscription by Parents; refunds and credits
  If you are dissatisfied with the subscribed Live Classes, we encourage you to contact our customer service desk at liveclass@tynker.com. We will undertake commercial reasonable efforts to rectify the situation and offer any solution that may help you in resolving your grievances.
  
  However, in the unfortunate case that you choose to cancel your subscription, you may apply for a refund as per the provisions below by emailing us at liveclass@tynker.com or through our website:
  1. Cancellation of Live Classes: You can cancel up to twenty-four (24) hours before the start of the 2^nd class is scheduled to begin for a full refund. Refunds for the classes after the above mentioned timeline, if any, will be at Tynker’s sole discretion.
  Please note that all credit card processing charges or transaction charges for failed payment charged by Tynker are non-refundable.
3. Missed or Canceled Classes
  Other than as described above under the ‘Cancellation of Live Classes’ Section, if the Student misses a Class or cancels a scheduled Class, no credit or compensatory Class shall be provided by Tynker for such missed/cancelled Class. However, Tynker may require the Instructor to send an email to the Parent/Student with details of the activities that the Student should do at home to keep up with the missed Class.
  
  If the Instructor misses or cancels a Class, Tynker will facilitate and schedule a compensatory Class for the Student.
Code of Conduct for Parents and Students
1. In order to keep the atmosphere during the Classes courteous, pleasant, and conducive to learning, it is important that Parents and Students act in keeping with the ‘Code of Conduct for Parents and Students’.
  
  Students and Parents may never:
  - Engage in or threaten violence;
  - Intimidate, bully, or harass the Instructor or other fellow students;
  - Make any inappropriate remark or comment about any Instructor or fellow students;
  - Disrupt the class or indulge in any kind of unsavory or offensive behavior;
  - Share any personal information with the Instructor that has not been requested by Tynker; or
  - Substitute one child for another if the registered child is unable to attend her/his scheduled Class.
  Students may also never:
  - View any inappropriate material on the Internet during the Classes;
  - Contact Instructors outside of the Classes; or
  - Leave the Class without checking-out with Instructor.
  Students must:
  - Abide by applicable protocols and safety measures;
  - Be respectful to the Instructor; and
  - Follow directions given to them by the Instructor.
2. If actions of Parents or any Student does not conform to the Code of Conduct for Parents and Students, the Student may be removed from the Class by Tynker or the Instructor and may not be allowed to participate further in any Class as Tynker’s discretion. You agree that no refund will be provided in such case.
3. Tynker will not be liable for any loss that arises from Tynker disallowing any Student from continuing any Class because of the failure of Student or Parents to follow the Code of Conduct for Parents and Students. Further, Tynker will also not be liable to any Instructor due to the failure of the Parents or the Students to follow the prescribed code of conduct.
Additional terms and conditions for Parents
1. Responsibility of Parents to ensure availability of learning aids
  The Parents must ensure that the Student has the ability to access the Class on the prescribed online audio-visual platform, and the Student as well as the device used by the Student meet other requirements as specified by Tynker for the Classes (for example having Minecraft Java edition for the Minecraft class). The requirements necessary for attending the Classes will be specified at the time of enrolment or subsequent communications. THE PARENTS MUST READ THE LIST OF THE PRESCRIBED REQUIREMENTS CAREFULLY AND ENSURE THEIR AVAILABILITY TO THE STUDENTS BEFORE EVERY CLASS. Tynker will not be responsible in any manner for the Student’s inability to access or avail the Classes due to non-compliance with the provisions of this clause.
2. Responsibility of Parents in respect of User Submissions and Feedback
  You agree that any User Submissions and feedback, reviews, comments, or ratings (“Feedback”) that you make available through the Services will comply with the user guidelines stated in the Terms of Use.
  
  If you would like to report any irrelevant or inappropriate User Submissions or Feedback, please notify us at liveclass@tynker.com. You agree that our decision to remove, censor, edit or delete any User Submissions or Feedback will be final. Tynker will not be liable for any loss that arises from its decision to (or not to) remove, censor, edit or delete any User Submissions or Feedback.
3. Unauthorized access or use of Children’s Data
  Tynker is committed to the privacy of our users. We collect, use, disclose, and retain children’s data in accordance with our Terms of Use and Privacy Policy. In the event you become aware of any potential or actual unauthorized access or use of the children’s data, you agree to notify Tynker promptly, to allow Tynker to comply with its obligations under applicable law. In addition, you also agree to reasonably cooperate with the concerned Parents and law enforcement or regulatory officials.
Promotions and Communication
1. Additional terms and conditions may apply to promotions, like discounts etc. that we offer to our users. If you take benefit of any promotion, you are taken to have agreed to the terms and conditions applicable to such promotion.
2. You agree as follows:
  1. we may communicate with you (and you with us) via email and other forms of electronic communication.
  2. to receive, promptly review, and when requested, timely respond to all communications from us. These may include communications regarding Classes and/or other Services, payment transactions, marketing, and/or general administration.
  We may (but are not required to) also establish other communication vehicles (e.g., a help phone line) that you may use.
Notice for California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
User Disputes
1. You acknowledge and agree that Tynker only facilitates the conduct of the Classes and the actual services are being conducted by the Instructors. Although our endeavour is to facilitate and offer duly qualified Instructors’ services for the Classes, we do not control the actual manner in which the services are being delivered. However, in case you are not satisfied with the Instructor performing the subscribed Class, we request you to report us the same at liveclass@tynker.com in a timely manner so that we can investigate the matter and take commercially reasonable efforts to rectify the situation.
2. Any refund claims made by you in relation to unused classes will be done only in accordance with the provisions of Clause 4.
3. If you have a dispute with one or more Users (including Instructors), you hereby release Tynker (and our officers, directors, managers, members, agents, subsidiaries, joint ventures, and employees) from any claims, demands, fees, expenses, or damages of any kind or nature, known or unknown, arising out of or in any way connected with such disputes.
  
  Any dispute with Tynker shall be resolved in accordance with the dispute resolution provisions prescribed under the Terms of Use.
4. Waiver of California Code §1542
  If you are a California resident, you hereby waive California Civil Code §1542, which provides that:
  
  "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Please see our latest privacy updates.

Additional Terms of Use for Tynker Live Classes