Terms of services

Introduction

We use a no-nonsense approach to teach the analog clock and we apply this same approach to the way we run the ‘behind the scenes’ part of our business too. We take pride in our clear and transparent business practices. So you know who we are, and if you need to contact us, here are our details:

Company name: TEAN sàrl

(In our terms and conditions, we are also called ’TEAN’, ‘us’, ‘we’ or ‘our’)

Lussy-sur-Morges, Switzerland

Email: info@tean.ch

If you have any questions, feedback, comments or complaints, please use this email address. We try to respond within 2 business days.

Our websites https://www.tean.ch

These websites, other websites or platforms controlled by us, the services offered by them and our social media pages and blog are collectively called our ‘services’.

When we talk about ‘you’, ‘user’ or ‘your’ in our terms and conditions, we mean you, the user of our services or visitor to our website.

What comprises our Terms and Conditions

To make this information easier to read and understand, we have broken our terms and conditions into the following parts:

  • Our Terms of Use
  • TEAN membership Terms
  • Privacy Policy

Together with this introduction, these 3 documents form our ‘terms and conditions’ and are our agreement with you for your use of our services.

We encourage you to carefully read and understand them before using our services as, by continuing to use our services, you agree to be bound by our terms and conditions. If you do not agree with our terms and conditions, you must stop using our services and terminate the registration(s) you have with us.

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated so we encourage you to check them regularly. We will endeavor to provide prior notice of changes to our social media followers and subscribers.

Our Terms of Use

[last updated May 2022]

1. No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.

You expressly agree not to:

  • engage in threatening, harassing or defamatory behavior,
  • engage in any internal or external spamming, or other similar actions,
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions,
  • hack into areas of our online services that are not intentionally made available to you,
  • decompile, reverse engineer, or try to copy or imitate our online services or underlying content.

2. Your TEAN Account

You must be 18 years of age to set up an account. If you are under 18 years of age, you will need a parent or legal guardian to set up an account that you can access with their permission.

You agree to provide true and correct details when setting up your account. You agree not to create more than one account with TEAN.

You agree that you will not share your TEAN username and password with anyone who is not specifically authorized by you to access your account. You acknowledge that you will take all reasonable steps to ensure that no unauthorized person is able to access your account.

You are solely responsible for any costs, expenses, actions and claims made in respect of the use of your account.

You agree that we can contact you as and when needed to provide the services offered by TEAN via the email address that you use to set up your TEAN account. You acknowledge that it is your responsibility to keep your contact details up to date.

3. Links disclaimer

Our online services may contain links to other websites (linked sites). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site.

Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. We may include links to resources that are available to download for free, or available to buy. If you buy a product through a link we have provided, it is likely that we will earn an affiliate commission on that sale. It is up to you whether you buy from that website and you buy at your own risk.

4. Copyright, trademarks and other intellectual property

All names, logos and trademarks are the property of TEAN or the third parties who have contributed to our online services. Nothing on our online services should be construed as granting any license or right to use any name, logo or trademark without the express prior permission of the owner or the relevant contributor.

You agree that all content appearing on our online services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of TEAN, its users or its licensors with all rights reserved. No content on any online service may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TEAN’s prior written approval.

Please contact info@tean.ch if you require permission to reproduce any of the contents of any part of our online services.

Permission: You may access, download, or print material from our online services for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.

5. Infringement of proprietary rights (DMCA process)

If you believe that there is material on our online services that infringes third party intellectual property rights, please send us written notice to info@tean.ch including the following information:

  • reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a list of those works (for example: title, author, any registration or tracking number, URL),
  • reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material),
  • your contact information so that we can contact you (for example, your address, telephone number, email address),
  • a statement that you have a good faith belief that the use of the material you have identified is not authorized by the copyright owner, its agent, or the law,
  • a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed,
  • and your physical or electronic signature.

We will then make a decision about removing it from TEAN online services.

If we do remove material and you think we are wrong, you can send us a ‘counter-notification’ to info@tean.ch including the following information:

  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled,
  • a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question,
  • your name, address and telephone number,
  • a statement that you consent to the jurisdiction of, and will accept service of, a legal claim from the person who submitted a notice that lead to that work being removed from our website,
  • and your physical or electronic signature.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

6. Security

We make every effort to maintain the security of our online services. However, we do not guarantee the security of our systems, our records or your data.

Continuous access to TEAN online services is dependent on third party services and requires network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent audio, video and other functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.

Due to dependence on third party services, TEAN online services may be inaccessible from time to time.

TEAN disclaims all liability for any computer virus or technological problems that were not intentionally caused by it or are beyond TEAN’s control. You are encouraged to install and maintain up-to-date security software on your devices.

7. Limitation of liability

To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of TEAN online services.

Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.

Where TEAN’s liability cannot be lawfully excluded, it is limited at the option of TEAN, to:

  • the resupplying of access to TEAN online services, or
  • the refund of the amounts paid by you for your access TEAN online services for the period the complaint or action relates to.

The maximum aggregate liability of TEAN for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of CHF 100.

8. Indemnity

You agree that your access to and use of TEAN online services will be at your sole risk.

You agree to indemnify and defend TEAN from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees), relating to:

  • any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of TEAN online services,
  • any claim by a third party arising out of your use of TEAN online services,
  • your unauthorized use of TEAN online services, or
  • your breach of TEAN terms and conditions for online services.

Nothing in this agreement authorizes you to defend, compromise or settle any claim or proceeding on behalf of TEAN.

9. Disclaimer

Success in learning the analog clock is dependent upon the amount of time and effort you devote to the process. Some people have stronger natural aptitude to learn new skills than others and will pick them up quickly, others will need to apply more focused attention to their learning, other people struggle. We have structured a program that we believe provides the best opportunity for you to achieve the clock learning milestones we identify as your progress through the different clock faces, but we provide no guarantee you will actually achieve those goals.

You specifically acknowledge and agree that your use of our online services is at your own risk.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy (including accuracy for dialect, translations or pronunciation) of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” and “as available” basis without warranty or condition, whether express or implied, of any kind.

TEAN makes no promises that you will have uninterrupted or error-free access to and use of TEAN online services, or that the online services will meet your requirements.

Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.

No advice or information, whether oral or written, obtained by you from TEAN or through our online services will create any warranty not expressly stated in these terms and conditions.

Any material downloaded or otherwise obtained through the use of our online services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. General

Relationship – No joint venture, partnership, employment, or agency relationship exists between you and TEAN as a result of these terms and conditions or your use of TEAN.

Waiver – Any time or other indulgence granted by TEAN to you will not in any way amount to a waiver of any of TEAN’s rights or remedies.

Assignment – You must not assign, sublicense or otherwise transfer your rights under these terms and conditions.

Notice – You may provide notice to TEAN by submitting a Support Request through the members’ portal, or otherwise by email addressed to info@tean.ch. We may provide notice to you via email or other electronic means.

Governing Law – This agreement is governed by the laws of Switzerland. You agree to be subject to the jurisdiction of the courts of Switzerland if there is a serious dispute between us.

Validity – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect

Authorized use – Use of TEAN is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of TEAN is unauthorized, it is your responsibility to stop using it.

End.

TEAN Membership Terms

[last updated May 2022]

Welcome to TEAN membership through your registration. As a member, you will have access to training materials, modules, video’s, blogs, programs and forums designed to assist you in developing and building your learning the clock skills.

These membership terms, together with the rest of our terms and conditions, form the basis of your membership agreement with TEAN.

We do not require your signature for these terms and conditions to be legally binding. When you purchase or access our program, even as part of a free trial, you agree to be bound by these terms and conditions effective immediately, and you are entering into a legal agreement.

Read the terms and conditions carefully before you check the “I Agree” option to gain access to the registered members only area (‘member portal’).

1. Membership

1.1 You confirm that you are 18 years of age or over and have read and understood and agree to the terms of this document, including the release, disclaimer and indemnity.

1.2 By joining the free TEAN Membership you get access, through the member portal, to training materials, modules, video’s, blogs, programs and/or forums designed to assist you in developing your chosen language skills.

1.3 We reserve the right to change or substitute components available through the member portal at any stage with alternatives that we feel will be of equal or greater value to you.

1.4 Your access to the member portal will come to an end if you cancel your membership.

1.5 Your membership is not transferable. It cannot be sold or given to another person.

1.6 You will be provided with a username and password. This is not to be shared with others.

2. Your commitment

2.1 You agree to keep your member portal username and password secure and not to share access to the member portal or content with anyone who is not a member of TEAN. TEAN is not responsible for the storage of your password, this is your sole responsibility.

2.2 You commit to take ownership of your clock learning and development and agree that your individual success will be determined by your own participation, dedication, effort and motivation. You release TEAN from any liability or accountability in any way, including for any failure of the member portal meeting your expectations.

3. Using the TEAN member portal

3.1 As a condition of you becoming a TEAN member and accessing the member portal, you warrant that you will not use the member portal, our website, or any TEAN materials for any purpose that is unlawful or prohibited by law, or these terms and conditions.

3.2 You may not use our website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of our website. You agree not to hack into areas of the website that are not intentionally made available by us as part of the member portal.

3.3 We expect you to show common courtesy and respect when participating in forums or making business or social connections through the member portal. You must be respectful to all members. If commenting on our social media, the same expectations apply (for more information please see our rules of engagement for social media use).

3.4 As a member, you will have access to participate as part of the TEAN community. You may have access to messages, friends, groups, forums and/or closed or public social media pages (TEAN communities). You agree to use TEAN communities only to post, send and receive messages and material that is proper and related to the services TEAN provides and only in accordance with our rules of engagement for social media use.

4. Intellectual property and Copyright

4.1 ‘Intellectual property’ means patents, registered or unregistered trademarks, trade names, logos, designs, symbols, emblems, slogans, copyrights, know-how, information, computer software and programmes, drawings, plans and other identifying materials, whether in electronic form or otherwise and whether or not registered or capable of registration, and all other proprietary rights owned by or available to us, adopted or designated now or at any time in the future by TEAN for use in connection with the member portal or other TEAN services.

4.2 You acknowledge that a great deal of time and effort has gone into creating TEAN intellectual property. You agree to use our intellectual property for the sole purpose of supporting your learning, and for no other purpose, including for commercial purposes or giving away to others.

4.3 You agree not to infringe TEAN’s intellectual property rights, or the intellectual property rights of any TEAN member or third party.

4.4 Material uploaded to any part of our website may be subject to stated limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations if you download the materials.

5. Your material posted in TEAN Communities

5.1 We do not claim ownership of the materials you (including feedback and suggestions) post on any part of our website, including TEAN member portal. However, by posting any information or material you are granting us, our affiliated companies and necessary sub-licensees permission to use your information or material including, without limitation, the rights to: copy, distribute, transmit, communicate, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name with your information or material. No compensation will be paid to you with respect to that use of your material or information.

5.2 We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all the rights necessary for you to post that material or information.

6. Confidentiality

6.1 Our learning materials and methods and business methods are confidential to our business, and you agree to keep them confidential.

6.2 You agree that any confidential information shared by Members or TEAN is confidential and belongs solely and exclusively to the person or entity that discloses it.

6.3 You agree not to disclose confidential information to any other person or use it in any manner other than in discussion with TEAN or other Program participants in the forum.

6.4 You acknowledge that any confidential information shared by you is done so at your own risk, and you waive any right to seek recourse from TEAN for any loss or damage suffered because of sharing that information. You acknowledge that we have no obligation to enforce the confidentiality of any material provided.

7. Privacy

7.1 We respect your privacy and will not share your personal information without your consent, or otherwise in accordance with the terms of our Privacy Policy. Our Privacy Policy can be found on our website.

7.2 We insist that you respect the privacy of fellow TEAN members and you agree not to violate the privacy of any other TEAN Member.

7.3 We reserve the right always to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

8. Posting Your Personal Information

8.1 Always use caution when giving out any personally identifying information about yourself anywhere on the internet. We do not control or endorse the content, messages or information found in any part of TEAN member portal or our website, where users are able to contribute their own posts and material. We disclaim any liability about those parts of our website and any actions resulting from your participation in using those parts of our website.

9. Monitoring Communication Services

9.1 We are not obliged to monitor the posts and materials published by members or the public in TEAN communities. However, we reserve the right to review materials that are posted and to remove any materials at our sole discretion.

10. Suspension/Termination/Access Restriction (including Login and Passwords)

10.1 If we consider you have breached the terms and conditions, TEAN reserves the right, in our sole discretion, to suspend or terminate your access to TEAN member portal, related services or any portion of it at any time, without notice.

10.2 You may lose or have restricted access to TEAN Member Portal due to login and password loss or malfunction. You understand and agree that two (2) failed login attempts may result in loss of access to TEAN Member Portal. You agree that while TEAN may attempt to assist you in re-setting your login and or your password, TEAN cannot guarantee recovery of lost login or password information, or that access can be regained quickly or at all.

10.3 If your membership is suspended, terminated or your access to the site is restricted, blocked or hindered for any reason at all (including that you have forgotten, lost or incorrectly entered your login or password) the following provisions will apply:

  • As of the date of termination you no longer have access to TEAN member portal.
  • We are under no obligation to provide you with further access to TEAN member portal, services or program materials.
  • We are under no obligation to provide you any further information regarding the TEAN Program.
  • We are under no obligation to reinstate your TEAN account.

11. Release, Disclaimer & Indemnity

11.1 You release TEAN from all and any responsibility or liability for any losses, claims or demands that may directly or indirectly arise because of you using the information obtained through TEAN or TEAN member portal, subject to the requirements of applicable consumer law (if any).

11.2 To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of TEAN online services.

11.3 Nothing in these terms and conditions is intended to exclude, restrict or modify any  consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.

11.4 Where TEAN’s liability cannot be lawfully excluded, it is limited at the option of TEAN, to:

  • the resupplying of access to TEAN online services

11.5 The maximum aggregate liability of TEAN for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of CHF 100.

11.6 This disclaimer and indemnity applies as to the fullest extent permitted by law, and survives any termination or expiration of the terms and conditions or your use of TEAN member portal or the information, education and services found on it or TEAN website.

End.