Terms and Conditions
If you are having difficulties understanding the information provided on this site, Tambook strongly advises you to seek assistance of your language interpreter particularly during your booking process or go to one of authorised agents in your country.
1. Definitions and interpretation
In these Terms and Conditions:
Content includes all material and information displayed on the Site, including information about Language Schools and Language School Terms, real time or other information, notices, data, text, materials, graphics, software, tools, results, names, logos and trade marks on the Site.
Testimonial means any testimonial or other expression of opinion, or recommendation, tip, announcement, report, or discussion, whether made in a Testimonial, or by any other blog or facility on the Site.
Includes or similar terms or phrases imply no limitation.
Loss means any loss or damage, including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including negligence), contract or otherwise in connection with:
(a) the Site or the Content; or
(b) the access or use, inability to access or use, or the results of use of, the Site or the Content, any websites linked to the Site or the material on such websites, including loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use or browsing of, the Site or your downloading of Content from the Site or content from any websites linked to the Site.
Tambook means Tambook Limited and includes any related company providing or hosting this Site.
Language Course means any English or other language course provided by a Language School and includes any other products or services provided to you in conjunction with that course (for example, accommodation).
Language School means any English or other language school whose Language Courses Tambook offers on the Site.
Language School Terms means the terms and conditions of enrolment of any Language School you enrol in through the Site.
Site means the Tambook English language course site, which is accessed from tambook.com.
Terms means these terms and conditions.
Tambook Cancellation fee – is a 10% fee calculated based on the total amount of the tuition and accommodation charges of your booking.
You means you, the person who has accessed the Site, including your representatives and agents, and your has a corresponding meaning.
2. Acceptance of terms
(a) By using the Site, you confirm that you:
(ii) will only access and use the Site in accordance with the Terms; and
(iii) will not use any Testimonial or other area of the Site or the Content in any manner or for any purpose which is illegal or unlawful, or which violates any right of Tambook, any Language School, any other user of the Site, or the owner of any Content.
(b) If you are provided with a login name and password to the Site, you are responsible for maintaining the confidentiality of your password and login name and for any and all activities that occur under your login name. You agree to immediately notify Tambook of any unauthorised use of your login name or password or any other breach of security known to you.
3. Applying for Language Courses
(a) Tambook will from time to time offer Language Courses on the Site, as a reseller for Language Schools. Language Courses may not always be available even if they are advertised on the Site. The availability to you of a Language Course is subject to the relevant Language School accepting you into that course. You acknowledge that Tambook is not responsible for providing you with Language Courses.
(b) When you apply for a Language Course(s) you warrant to Tambook and the relevant Language School that all information provided by you is true and correct.
(c) Tambook will submit an application for a Language Course you make on this Site to the relevant Language School on your behalf. Submission of an application does not guarantee acceptance into any Language Course. You should not make any travel or other plans until you have received written confirmation from Tambook of your acceptance into a Language Course.
(d) You are entirely responsible for ensuring you comply with New Zealand’s immigration requirements before you commence any Language Course. Further information is available here. If you do not obtain, or lose your entitlement to, a New Zealand visa you may be unable to enter New Zealand and/or attend Language Courses. If this happens, you may be entitled to a refund – see clause 5 below.
(e) If you indicate you require accommodation, insurance or any other product or service on your application form, your request will be passed on to the relevant Language School via your application, and the Language School (or its agents) will be responsible for providing those products and services to you (subject to their acceptance of your application).
(f) Any reference on the Site to a “best price” (or similar) guarantee is subject to the following conditions:
(i) Tambook will match any price offered by a competing reseller of a language course that is the same as a Language Course (Competing Course);
(ii) The price for the Competing Course must be current at the relevant time;
(iii) The Competing Course must be available in New Zealand;
(iv) The Competing Course must contain the same elements as a Language Course being offered by Tambook at the relevant time. The “best price guarantee” does not apply to the price of individual elements of a course, but to the price for the course as a whole (i.e. you cannot “cherry-pick” elements of a Competing Course);
(v) You must have notified Tambook in writing of the existence and pricing of a Competing Course prior to you completing an application for a Language Course;
(vi) Any refund may, at Tambook’s discretion, be reduced by the amount of any reduction on Language Course fees given for a “best price” guarantee.
(vii) You are only entitled to claim one “best price” guarantee from Tambook.
(a) You must pay Tambook (as the relevant Language School’s payment agent) for any Language Course you are accepted into before you commence the Language Course.
(b) Where you are provided with an option as to the currency in which your Language Course fees are charged, the Site will show those fees as being payable in the currency you have selected (Selected Currency). You must ensure that payment is made to, and received by, Tambook, in full, in the Selected Currency. You must arrange for your bank to charge any payment fees direct to you, and ensure your bank does not deduct those fees from your payment to Tambook. If Tambook’s bank charges it any fee for receiving any payment from you, Tambook may on-charge that fee to you and that amount will form part of your fees and be payable in full under paragraph (a) above. You, not Kiwi-Link, must bear any exchange rate risk.
(c) Where you use any online payment facility (for example, PayPal) to pay Tambook, Tambook may charge you a fee if Tambook is charged a fee by the payment facility provider.
(d) Tambook does not currently provide a credit card payment facility.
(a) for changes, cancellations or withdrawals from your Language course prior to the arrival date this Tambook Refund Policy will apply.
(b) for changes, cancellations or withdrawals after the arrival date the relevant Language School Terms will apply. The availability (or otherwise) and amount of a refund shall be subject to the refund policy contained in the relevant Language School Terms.
(c) If you wish to request a refund for any reason, you must notify Tambook in writing.
(d) A Tambook Cancellation fee of 10% will apply to all refunds regardless of the way the booking was placed and the date of the cancellation
(e) Before any refunds are paid to the customer Tambook will deduct non-refundable fees if applicable:
- travel insurance,
- accommodation placement fee,
- enrolment fee,
- airport transfer,
- 10% Tambook Cancellation fee,
- any bank transfer fee,
- bank card processing fee.
(f) Tambook is not responsible for any changes to currency values.
(g) All refunds are made in NZ dollars.
(a) All Content is owned by Tambook, the relevant Language School or Tambook’s licensors.
(b) If the owner of any Content is not Tambook, your rights in respect of that Content will be as defined by the copyright owner.
(c) Tambook grants you a non-exclusive licence to view and print Content and make copies of the Content provided that any copies of Content that you make must not be used for any commercial purpose and must retain all applicable copyright and other notices on the Site. Except as provided above, you may not use, copy, change transfer to a third party or do anything else with, any Content. You must not use any form of data gathering or extraction tool on this Site for any purpose.
(d) Tambook uses Content provided to it by Language Schools. Content on this Site and any site operated by a Language School may not be consistent. If you observe any inconsistency between Content on this Site and content on a Language School site, you should advise Tambook by completing and submitting this form.
(e) Where this Site contains any Content in a language other than English, the English version of that Content shall prevail in the case of any inconsistency.
(a) You acknowledge that each Language Course is provided to you by the relevant Language School and Tambook shall not be liable to provide any Language Course to you.
(b) You acknowledge that Content may not be accurate or complete. Tambook will use reasonable endeavours, but shall not be liable, to rectify any material error in any of the Content as soon as reasonably practicable after being notified of that error. You are solely responsible for any actions you take in reliance on the Content. If you want to rely on any Content, you should contact Tambook first.
(c) Tambook gives no warranty as to the truth or accuracy of, and accepts no responsibility or liability for any errors in, any advertisement, discount, terms of trade or other information posted by any Language School or other supplier on, or provided to you from or via, the Site.
(d) Tambook does not endorse or recommend any of the Language Schools or any other suppliers who appears on this Site and you acknowledge that Tambook does not vet, nor is it responsible for vetting any representation made by any person on this Site.
(e) Tambook and its directors, shareholders, officers, agents, employees or contractors, to the maximum extent permitted by law:
(i) exclude all representations, warranties, conditions and other terms (including any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to the Site and the Content (including any Testimonial); and
(ii) do not warrant that any of the functions contained in the Site or your access to the Site will be uninterrupted or error-free, and Tambook will have no liability arising from your access (or lack of access) to, or use of, the Site or the Content, any Language Course or any services provided to you by Tambook.
(f) Tambook may revise these Terms at any time without prior notice to you. It is your responsibility to ensure you review and understand the Terms applicable to the use of the Site every time you access the Site. If you do not wish to accept any new terms and conditions, you should not continue to use the Site.
8. Liability and indemnity
(a) Tambook, its officers, directors, employees, shareholders, contractors and agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Site), exclude all liability and responsibility for any Loss that may result to you or any third party.
(b) Nothing in these Terms shall exclude or limit Tambook’s liability to you for fraud by Tambook or any person for whom Tambook is legally responsible, or any liability which cannot be lawfully excluded or limited.
(c) To the extent Tambook becomes liable to you for any reason (including under the law of contract, tort (including negligence) or otherwise) Tambook’s total liability to you shall not exceed an amount equivalent to any fees paid by you to Tambook, or NZD$100.00, whichever is the lesser.
(d) You agree to fully indemnify Tambook, and to defend and hold Tambook, its officers, directors, employees, shareholders and agents, harmless from and against all claims (including claims made by third parties against Tambook), liability, damages, losses, costs (including legal fees on a solicitor-client basis) arising out of:
(i) any breach of these Terms by you;
(ii) your access to, or use of, the Site or the Content, or the access to, or use of, the Site or the Content by any other person for whom you are legally responsible;
(iii) any Refund paid or payable to you.
(e) You warrant and represent that, if you use the Site for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to your use of the Site, to the provision of any Language Course by a Language School, or to any services provided to you by Tambook.
9. Your obligations
(a) You warrant that:
(i) you have the legal capacity and power to agree to be bound by these Terms and perform your obligations;
(ii) information and other works posted on the Site by you do not breach the intellectual property rights of any third party;
(iii) all data delivered to Tambook will be free of infection or viruses;
(iv) you will not use or make available any Content in any way that is offensive, unlawful, harassing, or threatening, or is otherwise, in Tambook’s sole opinion, objectionable or damaging to Tambook, users of the Site or anyone else.
(b) You must not:
(i) use any feature of the Site to send any unsolicited commercial electronic messages to any person;
(ii) make any public statement about, or release any other form of publicity relating to, Tambook without Tambook's prior written approval.
10. Testimonials and information posted to Site, etc
(a) The Site may provide facilities for you and other students to post Testimonials. Any view expressed in a Testimonial is not necessarily the view of Tambook or any Language School. Without limiting anything in these Terms, nothing contained on this Site or in any Testimonial shall be construed as the provision of advice to you or any other person and information contained in them should not be relied on. If you require advice, you should contact Tambook.
(b) Tambook is not responsible for and does not endorse the content of any message posted in a Testimonial. Tambook reserves the right to delete, move or edit any message posted in a Testimonial at its sole discretion, without giving notice to you or any other person.
(c) If you submit any material, data or information (Material) to the Site or to Tambook (whether through a Testimonial or otherwise) you agree that Tambook may use that Material for any purpose without out any further consent from you. You agree that Tambook may use your name, voice, image, likeness, user information and any representations made by you, in any media (online or otherwise), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about Tambook, its business or the Site.
(d) In using the Site, including posting, commenting on, or contributing to, any Testimonial, you must not:
(i) do anything that infringes or violates any third party rights, including any other person’s intellectual property rights or proprietary information;
(ii) impersonate any person or otherwise misrepresent your affiliation with any person;
(iii) do anything that, in Tambook’s sole discretion:
(A) violates any law or regulation, or any contractual or fiduciary relationship;
(B) is harmful, offensive, objectionable, unlawful, harassing or threatening, or that constitutes “stalking” or “trolling”;
(C) constitutes unsolicited or unauthorised advertising, or promotional material, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(D) interferes with or disrupts the Site or Tambook’s servers or networks;
(iv) disobey or attempt to disobey any requirement, procedure or policy of Tambook;
(v) attempt to gain access to any other Site user's account or password;
(vi) charge any person for use of the Site;
(vii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms that are utilised on it.
(e) By registering on the Site, you consent to Tambook using your personal information to promote advertising to you generally, or for specific products and/or services, when you visit the Site, via email or by other means.
(a) The Site may from time to time contain links to Language School and other third party web sites (Other Websites). Other Websites may not be under the control of Tambook and Tambook takes no responsibility for the content of the Other Websites. The inclusion on the Site of a link to any Other Website does not imply any endorsement by Tambook of that Other Website.
(b) Tambook prohibits caching, unauthorised hypertext links (including deep linking) to the Site and the framing of any content without Tambook’s prior written consent. Tambook reserves the right to disable any unauthorised frames or links to or from the Site.
13. Viruses, etc.
(a) In accessing or using the Site, you warrant to Tambook that your access to, or use of, the Site or Content will not introduce anything infectious, including any virus, trojan horse or computer programming code (Virus), which would have the effect of disrupting, impairing, disabling or otherwise adversely affecting or shutting down the Site, or denying access to any other user of the Site or Content.
(b) Tambook makes no warranty that files available for downloading through the Site or delivered via email through the Site will be free of Viruses that manifest contaminating or destructive properties. You are responsible for implementing sufficient security procedures and checkpoints to prevent damage to your computer system, or damage to or loss of data.
14. Breach of terms
(a) Tambook may, without prior notice to you, block your access to the Site, including if:
(i) you or any person gaining access to the Site through you, or on your behalf, breaches any of these Terms (or Tambook reasonably believes that to be the case); or
(ii) Tambook otherwise determines that you are accessing or using the Site or any Content in an illegal, inappropriate or unacceptable manner.
If we block your access to the Site for any reason, you will not be entitled to a refund of any fees paid to us.
(b) Tambook may pursue all other remedies available at law for breach of the Terms.
(c) If you become aware of any breach of these Terms, or any misuse of the Site or the Content by any person you must contact and notify Tambook immediately in writing.
(a) Tambook may alter the functionality and/or appearance of the Site, including the way advertisements are represented on the Site or mobile communication devices.
(b) You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Tambook's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
(c) All data uploaded to the Site by you (Data) shall remain, as between you and Tambook, your property. You grant Tambook a royalty-free, perpetual, non-exclusive, irrevocable licence to use any Data to:
(i) manage its internal reporting requirements;
(ii) collate statistical information about use of the Site;
(iii) analyse user behaviour on the Site;
(iv) generally improve the Site user experience.
(d) We will use all reasonable endeavours to keep your personal information confidential except to the extent disclosure is required by law or necessary to enable us to enrol you in Language Courses or do anything else contemplated by these Terms. We will comply with our obligations under the Privacy Act 1993.
(e) If you dispute any of these Terms, you must notify Tambook immediately in writing. You agree that you will co-operate in good faith to resolve the dispute with Tambook. If we cannot resolve the dispute between us, either of us may refer the dispute to the International Education Appeal Authority (IEAA) for resolution. You agree that any decision made by the IEAA will be binding on you.
(f) All matters relating to these Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand and be subject to the exclusive jurisdiction of the courts of New Zealand.