TymchEnglish

TERMS AND CONDITIONS

Last Updated: November 2025

1. AGREEMENT TO TERMS

Welcome to TymchEnglish (“Company,” “we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website tymchenglish.com and the purchase of digital educational products (“Products” or “Services”).

By accessing our website, creating an account, or purchasing any Products, you agree to be bound by these Terms.

2. DEFINITIONS

TermDefinition
ProductsDigital educational materials including printables, workbooks, and online courses created by TymchEnglish
CustomerAny individual or entity purchasing or accessing our Products
LicenseLimited, non-exclusive, non-transferable permission to use Products under the terms herein
ContentAll materials including documents, videos, images, and text within Products
Learning MaterialsPrintables, workbooks, lesson plans, task sheets created for teaching purposes
Supplementary ContentYouTube links, Telegram group access, and learning-along videos provided with Products

3. PRODUCT DESCRIPTION

3.1 What We Offer

We provide digital educational materials designed to support English language teaching for:

  • Target Audience: Parents and teachers of young learners (typically ages 3-12)
  • Delivery Format: Immediate digital download upon purchase
  • Supplementary Content: Links to YouTube learning-along videos and Telegram group for community support

3.2 Product Categories

  • Printables: Ready-to-print worksheets, activity sheets, flashcards
  • Workbooks: Comprehensive workbooks organized by theme or language level
  • Courses: Structured online courses with lesson plans and teaching guidance

3.3 Product Variations

  • Products are provided in digital format (PDF, Word documents, or similar)
  • Products are for immediate download
  • Supplementary video content is hosted on YouTube and/or other platforms (you will receive links)

3.4 No Physical Goods

  • Our Products are entirely digital
  • No physical copies are provided unless explicitly stated
  • All delivery is electronic

4. LICENSE GRANT AND INTELLECTUAL PROPERTY RIGHTS

4.1 Limited License

Upon purchase and payment, you receive a non-exclusive, non-transferable, limited license to:

✓ USE Products for personal use or classroom instruction
✓ PRINT materials for your own students or children
✓ DISPLAY materials in your classroom or home (physical and virtual)
✓ ACCESS supplementary video content
✓ MODIFY materials minimally for your specific classroom needs (e.g., adding student names, adjusting fonts for accessibility)

4.2 Restrictions – What You CANNOT Do

You agree NOT to:

✗ RESELL, REDISTRIBUTE, or SHARE the Products with others
✗ UPLOAD Products to file-sharing platforms (Google Drive, Dropbox, OneDrive shared with others)
✗ SELL or LICENSE Products to third parties or competing educational businesses
✗ POST Products on websites, blogs, or social media (even if credited)
✗ CLAIM AUTHORSHIP or present Products as your own creation
✗ REVERSE ENGINEER or extract content for commercial use
✗ USE FOR PROFIT beyond your own classroom/home (e.g., running paid tutoring classes with our materials as primary content without separate licensing)
✗ SHARE ACCESS LINKS with people who did not purchase
✗ DISTRIBUTE to other teachers, tutors, or parents who should have purchased their own copy

4.3 Copyright and Intellectual Property

  • All Products are original works created by TymchEnglish
  • All content is protected under international copyright law (Canadian Copyright Act, EU Copyright Directive)
  • We retain all copyright, trademark, and intellectual property rights
  • No ownership transfer occurs with your purchase – you receive a license to use only

4.4 Consequences of Violation

Unauthorized resale, distribution, or commercial use is copyright infringement.

  • We reserve the right to pursue legal action
  • Penalties may include cease-and-desist letters, removal from platforms, or legal damages
  • Your license may be immediately terminated without refund

5. REFUND AND RETURN POLICY

5.1 Refund Policy for Canadian Customers

Our Policy: Due to the nature of digital products, all sales are final once access is granted.

5.1.1 When Refunds Are NOT Provided

  • After downloading or accessing the file
  • After a satisfaction guarantee period (if applicable – see below)
  • If you change your mind about the purchase
  • If you no longer need the materials

5.1.2 7-Day Satisfaction Guarantee

Limited Satisfaction Period:

You may request a refund within 24 hours of purchase if:

  • You have NOT yet downloaded or accessed the files, AND
  • You are not satisfied with the product preview/description

To request a refund:

  1. Email tymch.english.for.kids@gmail.com with “Refund Request – [Order Number]” in the subject line
  2. Include your order number
  3. Explain why you’re unsatisfied
  4. Refunds will be processed within 14 days to your original payment method

5.2 Refund Policy for EU Customers (GDPR/Consumer Rights Directive)

5.2.1 EU 14-Day Withdrawal Right

Under EU Consumer Rights Directive, customers have 14 days from purchase to withdraw from the contract. However, immediate digital delivery creates an exception:

By completing your purchase, you explicitly confirm that you wish to receive immediate access to the digital product and thereby waive your 14-day withdrawal right as permitted under EU Consumer Rights Directive Article 16(m).

This waiver is required at checkout (checkbox must be ticked).

5.2.2 When Refunds CAN Be Obtained (EU Only)

You may request a refund if:

  • The Product has a technical defect that makes it inaccessible
  • The Product does not match the description provided on our website
  • We failed to deliver the access link within the promised timeframe

To Request a Refund:

  1. Email tymch.english.for.kids@gmail.com with “Refund Request – [Order Number]” and order number
  2. Describe the issue (technical defect, description mismatch, etc.)
  3. Provide screenshots of the problem if possible
  4. We will investigate and respond within 14 days
  5. If approved, refund processed within 14 days to original payment method

5.2.3 Defective Product Replacement (EU)

If your product has a technical issue:

  • We will first attempt to provide a corrected version
  • Only if a corrected version cannot be provided will a refund be issued

5.2.4 Two-Year Guarantee (EU)

Under EU Consumer Rights Directive, digital products must be free from defects for 2 years from purchase. If you discover a defect within 2 years:

  • We will provide a replacement or corrected version
  • If no remedy is possible, you may request a refund

5.3 Non-Refundable Items

The following are never refundable:

  • Courses accessed or partially viewed
  • Downloaded and accessed printables or workbooks
  • Products purchased more than 24 hours after purchase
  • Bundles or multi-product purchases if any component was accessed
  • Digital bonuses or free supplementary materials

5.4 Refund Process

  • Contact: tymch.english.for.kids@gmail.com
  • Subject line: “Refund Request – [Order Number]”
  • Processing time: 14 business days
  • Refunds issued to original payment method

6. PURCHASE AND DELIVERY

6.1 Product Delivery

  • Immediate: Upon successful payment, you receive download access
  • Email Confirmation: Access link(s) sent to your registered email address within [1-2 hours]
  • Timeframe: If you don’t receive access link within 12 hours, contact us

6.2 Account Requirements

  • Valid email address required
  • You are responsible for keeping your email address current
  • We are not responsible for lost emails due to incorrect email addresses
  • Check spam folder if access link isn’t received

6.3 Download Timeframe

  • Download links are active for 180 days from purchase
  • You should download files within this period
  • After this period, you may request a re-link
  • Re-links are provided at no charge

6.4 Technical Issues

If you cannot access or download your Product:

  1. Check your email (including spam folder)
  2. Try a different browser or device
  3. Email tymch.english.for.kids@gmail.com with:
    • Your order number
    • The error message you received
    • Device and browser you’re using
  4. We will respond within 24 business hours

6.5 Payment and Billing

  • We use Stripe/WooCommerce for secure payment processing
  • Payments are non-refundable except under the conditions listed in Section 5
  • No automatic recurring charges unless specified at checkout
  • You are responsible for all payment method charges, taxes, or fees

7. ACCOUNT CREATION AND SECURITY

7.1 Account Responsibility

If you create an account on our website:

  • You are responsible for maintaining the confidentiality of your password
  • You are responsible for all activities under your account
  • You agree to provide accurate and current information
  • You will notify us immediately of unauthorized access

7.2 Account Termination

We reserve the right to:

  • Suspend or terminate your account if you violate these Terms
  • Remove Products from your access if copyright violations are discovered
  • Pursue legal action for unauthorized resale or distribution

7.3 Access to Products

  • Access links are personal to you
  • You may NOT share access links with others
  • Sharing links may result in account suspension and loss of all access without refund

8. ACCEPTABLE USE POLICY

8.1 Prohibited Activities

You agree NOT to:

  • Resell or redistribute Products for profit
  • Share access with people who should have purchased
  • Post Products on public or private file-sharing platforms
  • Claim authorship of our Products
  • Use Products for competing educational businesses without licensing
  • Reverse engineer or attempt to extract source code
  • Modify Products for resale or commercial distribution
  • Use Products in bulk commercial operations without a commercial license (inquire: [your-email])
  • Share publicly on social media or websites
  • Use Products for purposes beyond the educational scope described

8.2 Commercial Use

If you wish to use our Products for:

  • Paid tutoring services
  • Coaching business
  • Educational company
  • Resale or wholesale distribution
  • Large-scale institutional use

Contact us for a Commercial License: tymch.english.for.kids@gmail.com

9. LIMITED WARRANTY AND DISCLAIMERS

9.1 “As Is” Delivery

Products are provided “AS IS” without warranties of any kind.

9.2 No Guarantee of Results

  • Products are educational resources and teaching aids
  • We do not guarantee specific learning outcomes
  • Results depend on implementation by teachers/parents and individual student factors
  • We are not responsible for student performance, grades, or learning progress

9.3 Educational Disclaimer

These Products are:

  • NOT a substitute for professional educational assessment or intervention
  • NOT a replacement for qualified teachers or educational professionals
  • Intended as supplements to classroom instruction or home learning
  • Subject to teacher discretion regarding appropriateness for student age/level

9.4 Accuracy of Content

While we strive for accuracy:

  • We do not warrant that all content is error-free
  • English language teaching may vary by region or educational approach
  • Teachers should use professional judgment in adapting materials
  • Contact us at tymch.english.for.kids@gmail.com to report errors or request clarification

9.5 Limitation of Liability

Our liability is limited to the price you paid for the Product.

We are NOT LIABLE for:

  • Indirect, incidental, or consequential damages
  • Loss of profits or business interruption
  • Data loss or system failures
  • Damages from unauthorized use or resale
  • Any damages related to learning outcomes or educational results

9.6 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We disclaim all warranties, express or implied
  • We make no warranty of merchantability or fitness for a particular purpose
  • We make no warranty regarding uninterrupted service or error-free access
  • All warranties are disclaimed

10. THIRD-PARTY CONTENT AND LINKS

10.1 YouTube Content

  • Many of our Products include links to YouTube learning-along videos
  • YouTube videos are hosted by Google, not by us
  • We are not responsible for YouTube’s content, availability, or policy changes
  • Access depends on YouTube’s terms and may require YouTube account
  • YouTube has its own privacy policy: https://www.youtube.com/howyoutubeworks/privacy/

10.2 Telegram Resources

  • Products may include links to Telegram learning groups or channels
  • Telegram is a third-party platform not controlled by us
  • We are not responsible for Telegram’s security, privacy, or content moderation
  • Telegram has its own privacy policy: https://telegram.org/privacy?setln=en
  • Joining Telegram groups is optional

10.3 Third-Party Links Disclaimer

  • We provide links for convenience only
  • We are not responsible for third-party content, availability, or services
  • Third-party sites have their own terms and privacy policies
  • Use at your own risk

11. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP

11.1 Our Intellectual Property

  • All original content in Products is created and owned by TymchEnglish
  • This includes text, images, design, layout, and unique teaching methodologies
  • Content may be protected under copyright law in Canada, US, EU, and internationally

11.2 Your Content Ownership

  • If you create content within our platform (e.g., in courses), you retain ownership
  • By submitting content, you grant us a limited license to display it for educational purposes

11.3 Permitted Attribution

  • Teachers may display our printables in their classrooms
  • You may inform parents/students that materials are from TymchEnglish
  • You may NOT remove copyright notices or attribution
  • You may NOT claim authorship

11.4 Copyright Infringement

If you believe our Products infringe on your copyright:

  • Contact us at tymch.english.for.kids@gmail.com with details
  • We will investigate and respond within 14 days

12. GOVERNING LAW AND JURISDICTION

12.1 Governing Law

For All Customers:

  • These Terms are governed by the laws of Ontario, Canada
  • Applicable federal laws of Canada apply
  • Non-exclusive jurisdiction in Ontario courts

12.2 For EU Customers (Consumer Protection)

Important Notice: These Terms do not remove or limit any statutory rights you have as a consumer under EU law, including:

  • Consumer Rights Directive (2011/83/EU)
  • GDPR (for data protection)
  • National consumer protection laws

12.3 Dispute Resolution

Negotiation and Mediation: In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of sixty (60) days, then, upon notice by either party to the other, disputes shall be resolved by mediation administered by the Canadian Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

13. LIMITATION ON AVAILABILITY AND CHANGES

13.1 Website Availability

  • We make no guarantee that the website will be available 24/7
  • We may experience technical issues, maintenance, or updates
  • We are not liable for downtime or temporary unavailability
  • Notice of planned maintenance will be provided when possible

13.2 Changes to Products

  • We may update or modify Products at any time
  • Changes may include bug fixes, content updates, or improvements
  • Previous versions may be made unavailable
  • We will attempt to notify customers of significant changes

13.3 Discontinued Products

  • We may discontinue Products at any time
  • Past purchases remain accessible
  • New customers will not have access to discontinued Products
  • No refunds for discontinued Products

14. CHANGES TO TERMS AND CONDITIONS

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting.

14.2 Notification

  • Updated Terms will be posted on this page
  • “Last Updated” date will be revised
  • We will notify existing customers of material changes via email

14.3 Acceptance

  • Continued use of our website or Products after changes constitutes acceptance
  • Please review these Terms regularly

15. SEVERABLE PROVISIONS

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

  • That provision will be modified to the minimum extent necessary to make it valid
  • Or that provision will be severed
  • Remaining provisions remain in full effect

16. ENTIRE AGREEMENT

These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and TymchEnglish regarding your use of our website and purchase of Products. Any prior agreements or understandings are superseded.

17. CONTACT INFORMATION

For questions, disputes, or concerns regarding these Terms:

Email: tymch.english.for.kids@gmail.com
Response Time: Within 5 business days

18. ACKNOWLEDGMENT

By creating an account, browsing our website, or purchasing any Products, you acknowledge that:

  • You have read these Terms and Conditions
  • You understand and agree to be bound by them
  • You are of legal age to enter into contracts in your jurisdiction
  • You have the authority to enter into this agreement

End of Terms and Conditions