Terms of service
Welcome to the Learn.ink Service which is operated by Farm.ink Ltd (in this Agreement "Farm.ink", "we", "us" or "our").
We run a digital course building service ("Service") called Learn.ink and would love for you (“you”, “your”, “Customer”) to use it. We provide each registered organisation with a Learn.ink Dashboard ("Dashboard") and customisable web app ("Web App"). Our Service is designed to give you as much control and ownership over what goes on your Web App as possible and we encourage you to express yourself freely. However, we also encourage you to be responsible in what you publish on your Web App. In particular, make sure that no prohibited items such as spam, viruses, hate content, pirated material, copyrighted material etc. appear on or get linked to from your Web App.
If you find a Learn.ink Web App that you believe violates our terms of service, please report it to firstname.lastname@example.org
The following terms and conditions govern all use of the Learn.ink Service and all content and products available at or through Learn.ink unless you have a written agreement in place with us covering such use in which event the written agreement shall take priority. The Service is owned and operated by Farm.ink Ltd. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this web site by Farm.ink Ltd (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Service.
Your Learn.ink Account. If you create a Learn.ink account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. We may change or remove any account, content or Web Apps that we consider inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify Farm.ink by email (email@example.com) of any unauthorized uses of your Learn.ink Dashboard, Web App, account or any other breaches of security. Farm.ink will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a Web App, account, upload information to the Learn.ink Dashboard, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file or a piece of software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- To the extent that any Content contains personal data, you have obtained all necessary consents or are otherwise lawfully entitled to use such personal data in the Content;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your Web App is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
- Your Web App is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Web App URL or name is not the name of a person other than yourself or company other than your own;
- Farm.ink acknowledges that the Content you share in your account is entirely within your control as a Customer. We do not claim any intellectual property rights whatsoever to your Content. Without limiting any of your representations or warranties, Farm.ink has the right (though not the obligation) to, in Farm.ink's sole discretion (i) refuse or remove any Content that, in Farm.ink's reasonable opinion, violates any Farm.ink policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Farm.ink's sole discretion. Farm.ink will have no obligation to provide a refund of any amounts previously paid.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including images and text, made available through the websites and webpages to which Learn.ink links, and that link to Learn.ink. Farm.ink Ltd does not have any control over those non-Farm.ink websites and webpages, and is not responsible for their contents or their use. By linking to a non-Farm.ink website or webpage, Farm.ink Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Farm.ink Ltd disclaims any responsibility for any harm resulting from your use of non-Farm.ink websites and webpages.
Copyright Infringement. As Farm.ink Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Learn.ink violates your copyright, you are encouraged to notify Farm.ink Ltd. Farm.ink Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Farm.ink Ltd will terminate a visitor's access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Farm.ink Ltd or others. In the case of such termination, Farm.ink Ltd will have no obligation to provide a refund of any amounts previously paid to Farm.ink Ltd.
Intellectual Property. Other than your Content, the intellectual property contained on Learn.ink website, including designs and copyrightable material such as software, text, pictures, photographs and illustrations, are the property of Farm.ink Ltd and its licensors. The trademarks on the Learn.ink website belong to Farm.ink Ltd, its licensors or third parties. It is not allowed to place one or more of these marks and logos on your own site or to use it in any other way without the prior written consent of Farm.ink Ltd, the licensor or third party in question.
Customer Terms. As long as you pay the fees stated in the applicable subscription plan (Subscription Fees), or if you are part of a free trial, you may use our Service through the Learn.ink website on a non-exclusive and non-transferable basis, subject to the limitations set out in these terms and in accordance with the restrictions in your applicable subscription plan (Subscription).
Advertisements. Farm.ink Ltd reserves the right to display advertisements on the Learn.ink Dashboard or website. We will not display any advertisements on Learn.ink Web Apps.
Attribution. Farm.ink Ltd reserves the right to display attribution on Web Apps such as ‘Powered by Learn.ink'.
Changes. Farm.ink Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Even if you do not explicitly indicate your agreement to these amended terms, your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Farm.ink Ltd may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services will be subject to the terms and conditions of this Agreement.
Termination. Farm.ink Ltd may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Where we terminate your paid subscription without cause, you will be eligible for a refund of your Subscription Fee with respect to the remaining days left in the month. If you wish to terminate this Agreement or your Learn.ink account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, limitations of liability, and governing law.
Disclaimer of Warranties. The Service is provided "as is". Farm.ink Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Farm.ink Ltd nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability. In no event will Farm.ink Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Farm.ink Ltd under this agreement during the twelve (12) month period prior to the cause of action. Farm.ink Ltd will have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing will not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Farm.ink Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Subscription Terms. You can find specific details regarding your Learn.ink subscription by visiting our website. You are free to cancel your Learn.ink subscription at any time. To cancel please email us at firstname.lastname@example.org. We may change our subscription plans and the price of our subscriptions from time to time; however, any price changes or changes to our plans will apply to you no earlier than 30 days following notice to you. Any changes to your plan will be communicated to you 30 days in advance.
Payment Terms. Your Learn.ink subscription will continue month-to-month or year-to-year (depending on your subscription period) until terminated. Unless you cancel your subscription before your monthly/yearly billing date, you authorise us to charge your next month/year's subscription fee to your card. Payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. If a payment error occurs on your Learn.ink account we will always aim to rectify this. We do not advise you file a dispute or chargeback with your card provider as as a result we will be forced to block access to your account and remove all your data for however long it takes for the bank to close your dispute.
If any of these terms are held by a court to be illegal, invalid or unenforceable, the rest of these Terms will remain in full force.
These terms are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.