Terms of Use
These Terms of Use (“Terms”) were last updated on 15th February 2020.
TGHY mission is to improve lives through learning. We enable anyone, anywhere, to enrol in educational courses that we provide for people. We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the TGHY website and other related services. By accessing this website and purchasing products from TGHY and its related entities, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations relating thereto.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with TGHY through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM AND INFORMED NOT TO USE OR ACCESS THIS SITE NOR TO PURCHASE ANY OF THE PRODUCTS MADE AVAILABLE TO THE PUBLIC BY TGHY AND ITS RELATED ENTITIES.
Table of Contents
1. Accounts
2. Course Enrolment and Lifetime Access
3. Payments, Credits, and Refunds
4. Content and Behaviour Rules
5. TGHY’s Rights to Content You Post
6. Using TGHY at Your Own Risk
7. TGHY’s Rights
8. Miscellaneous Legal Terms
9. Dispute Resolution
10. Updating These Terms
11. How to Contact Us
1. Accounts
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our support team via this email “[email protected]“. You must have reached the age of consent for online services in your country to use TGHY.
You need an account for most activities on our platform, including to purchase and enrol in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and TGHY will not intervene in disputes between students who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our support team via this email: [email protected]. We may request some information from you to confirm that you are indeed the owner of your account.
Students must be at least 18 years of age to create an account on TGHY and use our Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enrol in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.
You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.
2. Course Enrolment and Lifetime Access
When you enrol in a course, you get a license from us to view it via the TGHY Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.
When a course is published on the TGHY website, Permission is granted to temporarily download one copy of any downloadable material on our website for personal, non-commercial private viewing only. This permission is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use or sell the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the TGHY website;
- remove any copyright, trademark or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
As a student, when you enrol in a course, whether it’s a free or paid course, you are getting from TGHY a license to view the course via the TGHY platform and Services, and TGHY is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, TGHY grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through our Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a TGHY authorized representative. This also applies to content you can access via any of our APIs. This license shall automatically terminate if you violate any of these restrictions and the License may be terminated by TGHY at any time. Upon terminating your use 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.
We generally give a lifetime access license to our students when they enrol in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint. The lifetime access is not applicable to add-on features and services associated with a course, for example translation captions of courses may be disabled by instructors at any time, and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, TGHY offers a 14-day refund or credit for most course purchases.
3.1 Pricing
The prices of courses on TGHY are determined based on the terms of the Instructor and our Pricing and Promotions Policy. In some instances, the price of a course offered on the TGHY website may not be exactly the same as the price offered on other platforms due to platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
3.2 Payments
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card for those fees. TGHY works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within fourteen (14) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits/coupons will be automatically applied towards your next course purchase on our website only. Credits/coupons may expire if not used within the specified period and have no cash value.
3.3 Refunds and Credits
If the course you purchased is not what you were expecting, you can request, within 14 days of your purchase of the course, that TGHY credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course. No credit or refund is due to you if you request it after the 14-day guarantee time limit has passed. To request a credit/refund, contact our support team via this email: “[email protected]“. NOTE THAT ONLY PURCHASES DIRECTLY FROM TGHY qualify for this refund policy.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of our Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any credit or refund.
4. Content and Behaviour Rules
You can only use TGHY for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with the law and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, please let us know.
You may not access or use our Services or create an account for unlawful purposes. Your use of our Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, our Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions before you submit any course for publication on TGHY.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. TGHY complies with copyright laws.
TGHY has discretion in enforcing these Terms of Use. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
5. TGHY’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow TGHY to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Agreement.
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize TGHY to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with TGHY for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using TGHY at Your Own Risk
Anyone can use TGHY to enrol on a published course and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use TGHY at your own risk.
TGHY enables anyone, anywhere, to enrol in educational courses that we provide We host more than a lot of courses on our online learning marketplace. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enrol a course, you rely on any information provided by an instructor at your own risk.
By using our Services, you may be exposed to content that you consider offensive, indecent, or objectionable. TGHY has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrolment in a course.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
The materials on the TGHY website are provided ‘as is’ ‘where is’ and without representation or warranty. To be clear, TGHY has no warranties, expressed or implied about its training, products viability or the business opportunity and hereby disclaims and negates all 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, TGHY not warrant or make any representations concerning the accuracy, likely results, income ability or reliability of the use of the materials on its website or otherwise relating to such training, materials or on any sites linked to this site.
TGHY DOES NOT HOLD ITSELF OUT AS A POST SECONDARY SCHOOL AND PROVIDES NO EDUCATIONAL STATE CREDITS NOR ANY STATE AUTHORIZED DEGREES OR CERTIFICATES THAT COULD BE USED FOR POST SECONDARY SCHOOL BENEFITS OR ALTERNATIVES OF ANY KIND. MOREOVER, OUR SERVICES TRAINING AND PRODUCTS ARE NOT GUARANTEED TO MAKE YOU MONEY AND YOU CANNOT RELY TO THE CONTRARY.
THE USE OF THE TERM ‘SCHOOL’ THROUGHOUT THE TRAINING COURSES SHALL MEAN MERELY A TRAINING SCHOOL PROGRAM AND NOT A ‘SECONDARY SCHOOL’.
In no event shall TGHY 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 training and materials on the TGHY website/blogs/videos/conferences or the like including but not limited to the use of its training and products.
7. TGHY’s Rights
We own the TGHY platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the TGHY platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of TGHY and its licensors. Nothing gives you a right to use the TGHY name or any of the TGHY trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TGHY or our Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the TGHY platform and Services:
access, tamper with, or use non-public areas of the platform, TGHY’s computer systems, or the technical delivery systems of TGHY’s service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TGHY platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access our Services.
in any way use our Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TGHY); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on our Services.
8. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with TGHY. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrolment and Lifetime Access), 5 (TGHY’s Rights to Content You Post), 6 (Using TGHY at Your Own Risk), 7 (TGHY’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
8.2 Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, our Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of our Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of our Services. Your use of our Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of our Services at any time and for any reason. Under no circumstances will TGHY or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of our Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent into using our Services, for example, if you enrol in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
8.4 Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless TGHY, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of our Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of our Services.
8.5 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to [email protected]).
8.6 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us. It is understood by you that you are a Customer or Licensee only. TGHY will not provide any fringe benefits, insurance, vacation or otherwise upon your becoming a member. Any and all of your family, staff employees and associates shall be bound to the same terms as you under this agreement.
8.7 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
8.8 Revisions and Errata
The materials appearing on the TGHY website may include technical, typographical, or photographic errors. TGHY does not warrant that any of the materials on its web site are accurate, complete, or current. TGHY may make changes to the materials contained on its web site at any time without notice. TGHY does not, however, make any commitment to update the materials. It is your responsibility to do on-going reviews of the Terms to maintain compliance.
8.9 Links
TGHY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TGHY of the site. Use of any such linked website is at the user’s own risk.
8.10 Non-Compete
You cannot compete with the business model of TGHY to train others for a profit using TGHY materials for a minimum of 2 years after becoming a member. This Term does not prevent you from using the TGHY training system to run your business of but you cannot sell online training materials and training similar to that of TGHY. Violation of this Term allows TGHY to obtain necessary restraining orders from a Court of Competent Jurisdiction to stop such unlawful competing.
8.11 Enforcement
In the event of any breach of the Terms Of Use, TGHY must enforce any breach of these terms and conditions, and will be entitled to recovery of a reasonable attorney’s fees and court costs associated with such recovery.
8.13 Consent
Upon purchasing a course from TGHY, you consent to receive emails about content updates, promotions, and various other newsletters. You also consent to allowing your email address to be used in a “look-a-like” audience for Facebook and Google advertising algorithms to find new prospective customers with similar likes and interests.
9. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TGHY reserves the right in its sole discretion to modify and/or make changes to these Terms at any time.
By using this website, you are agreeing to be bound by the then current version of these Terms of Use and you will be responsible to make ongoing and regular review of these terms. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
10. How to Contact Us
Thank you for helping us build rich & valuable content for everyone!
TGHY Management Team