These Terms and Conditions of Use (“terms”) bind you student (“you”) to the terms and conditions set forth herein in connection with your use of Tomato Learning (“our”, “we”, “us” or “Tomato Learning”) software, website or connected application, services or other offerings on our website (“Services”). By using any of the Tomato Learning services or clicking on the “Signup” button, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
2. Use License
- All materials are copyright Tomato Learning.
- The courses and materials are exclusively for the use of individual students. If you are a teacher, tutor, organisation or charity you must get in contact with Tomato Learning and make Tomato Learning aware of this when you enrol as there to avoid copyright infringement.
- Permission is granted to temporarily download one copy of the materials for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any content contained on Tomato Learning’ web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tomato Learning at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Login details and accounts may not be shared with other students. The site tracks users IP address and alerts us when unusual sign in activity occurs.
The materials on Tomato Learning’ web site are provided ‘as is’. Tomato Learning’ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tomato Learning does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Tomato Learning or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Tomato Learning’ Internet site, even if Tomato Learning or a Tomato Learning authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Tomato Learning’ web site could include technical, typographical, or photographic errors. Tomato Learning does not warrant that any of the materials on its web site are accurate, complete, or current. Tomato Learning may make changes to the materials contained on its web site at any time without notice. Tomato Learning does not, however, make any commitment to update the materials.
Tomato Learning has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tomato Learning of the site. Use of any such linked web site is at the user’s own risk.
8. Refund Policy
Please be aware that any refunds or exchanges are at the discretion of the management. Moreover, if We believe that You are abusing Our refund policy in Our sole discretion, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You.
1. “Do it yourself” and “Classroom Experience” courses: all language courses sold directly from the Tomato Learning website are digital. As such, as soon as payment has been made, the student can view and download all associated content. For this reason We do not offer refunds on any course. Nevertheless, for every course, there are bonus learning materials and/or lessons viewable for FREE to everybody, so we encourage You to have a look at them first and eventually contact us via email for more information.
2. “Tailor made” courses and programs: our Tailor made services include tutoring learning plans and lessons. Since tutors are automatically paid for their time, it’s not possible for us to refund You if You have used these services. If only a proportion has been used then we would work out a fair proportion to refund. Please be aware that any refunds or exchanges are at the discretion of the management in accordance with the tutor.
3. Double payments: if there has been a technical problem with Your purchase which has meant that You made a double payment for the same product, We will refund one of the payments. Please contact us via email and provide the transaction IDs for both payments. We will check these transaction IDs against our payment records and process as necessary. Please allow seven working days for your refund to be processed.
4. Wrong program purchase: if You wrongly purchase a Do It Yourself course instead of a Classroom Experience course, please contact us via email and we’ll do our best to sort this out. Please note that you must contact us within 24 hours of your original purchase. If You wrongly purchase a Classroom Experience course instead of a Do It Yourself course, you have immediate access to exclusive learning material and teacher feedback, for this reason we do not offer any refunds.
5. Purchases through Third Party Platforms: any Courses purchased through Third Party Platforms will not be eligible for refunds.
6. Coupon codes and discount: from time to time we offer coupon codes and discounts. Whenever a coupon code or discount is active, we clearly state on any promotional information that the coupon code is only valid if it is used at the time of purchase. If you forget to use the coupon code, unfortunately we can’t partly refund your payment. Please note that coupon codes and discounts are advertised in different ways.
9. Courses accessibility / cancellation
Tomato Learning offers courses with different memberships: monthly , annually (CE courses) or unlimited access (DIY courses). Unlimited access means you will be able to access all the course materials, including your progress, comments and conversations during the course, online for as long as the course exists on Tomato Learning website.
Tomato Learning offers courses in partnership with Teachers and Tutors, our partners. We assist them with learning design as well as providing the platform for them. If a Teacher or Tutor no longer wishes to be a partner of Tomato Learning, we will do our best to ensure the continuity of the course with another teacher. This is very rare event and we work hard to ensure it doesn’t happen. However, if a course has to be removed from Tomato Learning, we will inform all learners who have paid to have continued access to that course.
Please be aware that any refunds or exchanges are at the discretion of the management in accordance with the tutor. In particular:
- DIY courses: no reimbursement will be made after one year subscription.
- CE courses: we will ensure you to cover in full your monthly access. A reimbursement for the annual membership will be made in proportion.
10. Inactive accounts
We encourage people to actively log in and use Tomato Learning web site when they register an account. To keep your account active, be sure to log in and access to your course at least every 6 months. Accounts may be permanently removed due to prolonged inactivity.