USER Terms of service

As long as your organisation remains registered with us, you will be provided with access to the Service, provided that you are in compliance with the terms of this Agreement.

As part of your registration for the Service, you must provide us with your name, phone number, gender, age bracket, country and region.  We may also collect other personal information from you as part of your use of the Service.  Our use of your personal information is governed by our Privacy Policy, which is also considered part of this Agreement.

You agree to use the Service according to the terms of our Acceptable Use Policy, which is also considered part of this Agreement.  Any use of our Service other than according to the terms of the Acceptable Use Policy is strictly prohibited and will result in our terminating your use of the Service.

You shall not provide passwords or other log-in information for the Service to any third party, access the SaaS in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics, or to copy any ideas, features, functions or graphics of the Service; or engage in web scraping or data scraping on or related to the Service, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.

You shall take reasonable steps to prevent unauthorized access to the SaaS, including without limitation, by protecting your login information. You shall notify us immediately of any known or suspected unauthorized use of the Service or breach of its security and shall use best efforts to stop said breach.

In your use of the Service, you shall comply with all applicable laws.

We retain all right, title, and interest in (including all intellectual property rights in) and to the Service, including any training materials which we have stored on the Service, including without limitation all software used to provide the Service and all graphics, user interfaces, logos, and trademarks reproduced through the Service.  The above also applies with respect to any modifications, enhancements or improvements made to any of the above by us at any time and in any event.  This Agreement does not grant you any intellectual property license or rights in or to the Service or any of its components, or any of the training materials which Provider has stored on the Service. You recognize that the Service and its components, and the training materials which we have stored on the Service, are protected by copyright and other laws.

We have not agreed to and do not agree to treat as confidential any Feedback (as defined below) that you give us, and nothing in this Agreement or in the parties dealings arising out of or related to this Agreement will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. Feedback will not be considered your trade secret. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of our products or services.)

The Service is provided “as is”.  We aren’t making any promises of any kind to you, including about the Service’s accuracy, adequacy, usefulness, reliability or otherwise.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY OTHER USER, ON THE SERVICE.

We do not guarantee that the Service will be uninterrupted or error free, that any defects will be corrected or that the Service is free of viruses or anything else harmful.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service, any content we have posted, and any user posted content and any products or services you may obtain or access through the Service, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You are solely responsible for any damage to any device you use to access the Service, or any other device that you may use in association with the Service, to the extent that applicable law does not provide otherwise.

You represent and warrant that: (i) you have the full right and authority to enter into, execute, and perform your obligations under this Agreement and that no pending or threatened claim or litigation known to you would have a material adverse impact on your ability to perform as required by this Agreement; (ii) you have accurately identified yourself and you have not provided any inaccurate information about yourself to or through the Service; and you are 18 years or older.

OUR CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOUR AFFILIATED ORGANISATION TO US FOR YOUR USE OF THE SERVICE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

THE LIABILITIES LIMITED HERE APPLY TO THE BENEFIT OF PROVIDER’S OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IFSUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. You acknowledge and agree that we have based our pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages stated herein and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of these provisions, our liability will be limited to the maximum extent permissible. For the avoidance of doubt, our liability limits and other rights set forth herein apply likewise to our affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.

We may send notices pursuant to this Agreement to the contact point provided by you, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to this Agreement to us at info@learn.ink and such notices will be deemed received 72 hours after they are sent. In addition, you are on notice and agree that we will terminate the accounts of subscribers or users who are repeat copyright infringers.

No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by epidemics, acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.

You may not assign this Agreement or any of its rights or obligations hereunder without our express written consent.

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

This Agreement will be governed solely by the laws of England and Wales. The parties consent to the personal and exclusive jurisdiction of the courts of England & Wales. This governs all claims arising out of or related to this Agreement, including without limitation tort claims.

In the event of any conflict between this Agreement and any policy of ours posted online, including without limitation the Acceptable Use Policy, the terms of this Agreement will govern.

This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

We may amend this Agreement from time to time by posting an amended version at our website or otherwise on the Service. Such amendment will be deemed accepted and become effective 30 days after such notice.

‍

‍

Latest update: August 13, 2023