IMPORTANT: PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ENROLLING. YOUR ENROLLMENT IN THE COURSE/CLASS/TUTORIAL SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY ENROLLING, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEING TO ABIDE BY THE AGREEMENT. IF YOU DO NOT ACCEPT TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ENROLL.
This Agreement (referred to as the "Agreement" herein) is between you and LearnPlus Ltd ("LP"), a limited company registered in England and Wales whose registered office is located at Abbey House, 342 Regents Park Road, London N3 2LJ, United Kingdom.
1. License Grant
LP grants you a non-exclusive, non-transferable, limited license for your personal, non-commercial use. You have the right to access, use and display the online courses, classes and services you enroll in (the "LP Content") made available on the LP web site (the "LP Site"), provided that you comply fully with this Agreement. Your enrollment begins when LP issues your User-ID.
LP Content is available through payment of the enrollment fee. You agree to pay, using a valid credit card or other payment method which LP accepts, the enrollment fee set forth on the LP Site, applicable taxes, and other charges incurred on your account in order to access LP Content.
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the LP Site, including without limitation telephone access, telephone and computer equipment and any service fees necessary to access the LP Content.
Once your payment has been processed, you will receive e-mail confirmation of your enrollment and the User-ID which is necessary to access the LP Content. The information is sent to the e-mail address which you provide during the enrollment process. Payments are non-refundable and non-transferable including if you provide an incorrect e-mail address or in the event of unforeseen circumstances including your computer's system failure, Internet provider's failure, inability or difficulty accessing the LP Content for technical reasons. The fee for a cancelled live lesson with the tutor can only be carried forward if LP has received written notice at least 24 hours prior to the start of the lesson.
For purposes of identification and billing, you agree to provide LP with accurate, complete and current information, including your full name, address, e-mail address and applicable payment data (e.g. credit card number and expiration date). Failure to comply with this provision may, at LP's option, result in immediate suspension or termination of your right to use the LP Content.
As part of the enrollment process, you will be assigned a password. You are solely responsible for maintaining the confidentiality of any password you use to access the LP Content, and agree that LP will have no obligations with regard thereto.
You agree to be financially responsible for all usage or activity on your LP Content account. You agree to promptly notify LP, in the event of any known or suspected unauthorized use of your LP Content account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your LP Content account until you notify LP. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your enrollment is subject to use without your authorization, notify us promptly.
2. License Restrictions
You agree to use the LP Site and LP Content only in a non-commercial manner. You may not in any way exploit the LP Site or any portion thereof for any public or commercial use without the express written permission of LP.
You may not rent, lease, sublicense, decompile, reverse engineer, disassemble, modify, electronically or otherwise transfer, make or distribute copies of the LP Content, or create derivative works based upon the LP Content.
3. Copyright
All title and copyrights in and to the LP Content (including but not limited to any images, animations, video, audio, music, text, and "applets" incorporated into the LP Content), accompanying printed materials if any, and any copies of the LP Content are owned by LP or its suppliers.
LP Content is protected by copyright laws and international treaty provisions. Therefore, you must treat the LP Content like any other copyrighted material. You agree not to use any trademarks, service marks, names, logos, or other identifiers of LP or its employees, providers and affiliates without the prior written permission of LP or of their respective owners. In addition, you may not use our trademarks:
in, as, or as part of, your own trademarks or those of any third parties;
to identify products or services that are not those of LP;
in a manner likely to cause confusion;
or in a manner that implies inaccurately that LP sponsors or endorses or is otherwise connected with, your activities, products and services or those of third parties.
4. Privacy Policy
LP's policy is to keep any information collected directly on the Site strictly private and not to provide any personally identifying information directly collected to any third party for any purpose. However, LP reserves the rights to disclose any personal information or other information in its possession regarding users of the LP Content in cooperation with any law, regulation, or governmental or agency request.
5. Children's Guidelines
LP requires that children consult with their parents when furnishing any personally identifiable information about themselves. No information should be submitted to LP by children underage without their parent's or guardian's consent.
6. Indemnification
You hereby agree to indemnify, defend and hold harmless LP and its Affiliates from and against any and all liability and costs incurred by LP or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. LP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LP.
7. Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LP MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY LP. LP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE LP CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR LP CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL LP, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR LP, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE LP CONTENT, EVEN IF LP, OR THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF LP HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE LP CONTENT. YOU HEREBY RELEASE LP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. You may have other rights, which vary from state to state.
9. Termination
In addition to any other rights of the parties set forth herein, either you or LP may cancel or terminate this Agreement at any time. There will be no refunds for unused time under the term of your enrollment. LP also reserves the right to restrict, suspend or terminate your access to the LP Content in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If LP terminates this Agreement based on a breach of any portion of this Agreement, LP reserves the right to refuse to provide a enrollment or any LP Content to you in the future.
10. Modifications to the Agreement
LP has the right to modify this Agreement and any policies affecting the LP Content. Any modification is effective immediately upon posting to the LP Site or distribution via electronic mail or conventional mail. Your continued use of the LP Content following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LP in providing the LP Content, including without limitation any change in the LP Content, or any change in the amount, type, or number of fees associated with the LP Content, is to cancel your enrollment.
11. Modifications to the LP Site
LP has the right to modify, suspend or discontinue the LP Site or any portion thereof at any time, including the availability of any area of the LP Site, including without limitation the LP Content. LP may also impose limits on certain features and services or restrict your access to parts or all of the LP Site without notice or liability.
12. General
This Agreement constitutes the entire agreement between you and LP with respect to the LP Site and, if applicable, the LP Content and supersedes all prior agreements between you and LP. Failure by LP to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
Interpretation and enforcement of this agreement shall be governed by the laws of the United Kingdom. You consent irrevocably to personal jurisdiction in the courts of the United Kingdom for any action arising out of or relating to your use of the LP Site or LP Content. The courts of the United Kingdom shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
LearnPlus is a trademark/registered trademark of LearnPlus Ltd in the United States, the European Union and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
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LearnPlus Ltd Abbey House 342 Regents Park Road London N3 2LJ United Kingdom |