Learninet Terms and Conditions of Use
1. Introduction:
1.1 Who we are:
Learninet Ltd operates the Learninet Platform and associated services.
Learninet Ltd is a company incorporated in England and Wales with registered number 13485970, whose registered address is
Parkshot House, 5 Kew Road, Richmond, TW9 2PR
and it operates the Website:
The registered VAT number is GB392433880.
1.2 What are we doing?
At Learninet, we provide engaging lessons and activities tailored to students' learning needs. We also offer personalized support and feedback so students can get the most out of their learning experience. We aim to provide a comprehensive learning solution that empowers people to achieve their educational goals.
1.3 These terms and conditions apply between you, the User of this Platform (including any sub-domains, unless expressly excluded by their own terms and conditions), and Learninet Ltd, the owner and operator of this Platform.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you disagree to be bound by these terms and conditions, you should stop using the Website immediately.
You agree to these conditions by using the Learninet Platform.
Before using the Learninet website or sending us your order, please take the time to read these terms thoroughly. If you disagree with these conditions, you must not use the Learninet website and Platform. We advise printing a copy of these terms for your records.
Other terms may apply to you.
1.4 This site is intended for children, but your child must be under your supervision to access it, so you must be at least 18 years old to use it. By using the website and agreeing to these terms and conditions, you indicate and warrant that you are at least 18 years old.
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By using the LEARNINET Platform, regardless of whether you are accessing free or subscription materials, you agree to the Terms of Service and Privacy Policy.
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Our top priority is to provide a safe environment for children, although we understand that online activities are not always error-free. We kindly request that parents or guardians monitor their children's online activities to ensure their safety. Get Safe Online
1.5 These Terms of Use refer to the following additional terms, which also apply to your use of our Website and services:
Our Privacy Policy outlines the conditions under which we process any personal information you submit to us or that we acquire from you. You agree to such processing and guarantee that the information you supply is accurate using the Learninet website.
1.6 Our Legal Statement outlines our copyright and Trademark Policy.
1.7 In some areas, you will have different rights under these Terms of Use, depending on whether you are a business or a consumer. You are a consumer if: you are an individual; or you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.8 How to contact us
You can contact us by writing at
Parkshot House, 5 Kew Road, Richmond, England, TW9 2PR.
and by email at
How you might hear from us. If we need to contact you, we'll do it by phone or in writing to the email or postal address you gave us when placing your order.
2. Definitions
2.1 The following terms shall have the meanings assigned to them in these Terms of Use:
"Effective Date" refers to when we send you an email accepting your order for the Platform and licenced materials access.
"Intellectual Property" refers to all intellectual property rights, including patents, trademarks, design rights, copyright, rights in data and databases, domain names, topography rights, and all similar rights (whether or not registered or capable of registration and whether or not existing in the United Kingdom or any other part of the world), as well as any and all goodwill relating to or attached to such rights and the right to apply for and/or register such rights.
"Licenced Materials" refers to the content available on the Platform to which you have purchased access from us, such as worksheets, text, information, data, practise questions, lessons, books, interactive features, photos, audio, or video materials in digital form, as indicated in your online account.
"User Subscriptions" means the User subscriptions purchased by which entitle Users to access and use the Platform and the Licensed Materials in accordance with these Terms of Use;
"Users" means the users whom you authorise to use the Platform and access and use the Licensed Materials;
"Subscription Fees" means the subscription fees payable by you to us for the User Subscriptions as set out in your order form;
"Term" means has the meaning set out in clause 19.1;
"Information" refers to any confidential or proprietary documents, materials, software, code, or information supplied to or obtained by the other party in conjunction with these Terms of Use.
"Parties" means you and us, and "Party" shall be construed accordingly;
"Platform" means the interactive online Platform provided by us to you when you subscribe for access to the Licensed Materials;
"Software" means our software provided as part of the Platform, including any updates and modifications made available from time to time by us;
"Virus" means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
"Working Day" means any day falling on or between Monday to Friday, excluding all public and bank holidays in England and Wales; and
"you" "your" means a parent, pupil, teacher, tutor, or any other individual who accesses our website and/or is authorised to use our Platform.
3. Our Contract with you
3.1 By subscribing, you agree to be bound by these Terms of Use and are granted permission to use the platform and its licensed materials.
3.2 Once we send you an email accepting your order, a contract is formed between us and you.
4. Registration
4.1 You must ensure that the details provided by you on registration or at any time are correct and complete.
4.2 You must inform us immediately of any changes to the information you provide when registering by updating your details to ensure we can communicate with you effectively.
4.3 We may suspend or cancel your registration immediately for any reasonable purposes or if you breach these terms and conditions.
4.4 You can notify us that you no longer wish to participate in Learninet at any moment by visiting My Account on the website. Any statutory rights are unaffected by registration cancellation or suspension.
5. Password and security
5.1 When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
5.2 If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
6. Privacy Policy and Cookies Policy
6.1 Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.learninet.com/privacy-policy
And
7. Licensed Materials
7.1 We thus offer you a non-transferable, non-exclusive licence to permit the users to use the licenced materials beginning on the effective date and continuing during the term, subject to the restrictions and your duties set out in these Terms of Use. The licence granted to you is solely limited to the use of the licenced materials by users (both in electronic and hard copy form).
7.2 We want to clarify that you are granted only the rights explicitly outlined in these Terms of Use regarding the Licensed Materials. Any other rights, whether currently known or created in the future, are reserved by us.
7.3 As a user, it is important to note that sub-licensing of licensed content, whether in whole or in part, is strictly prohibited. It is also important to ensure that licensed materials are only shared with authorized users and not with anyone else.
7.4 We reserve the right, at any time, to request the removal or editorial alteration of any licenced materials supplied to you under these Terms of Use.
7.5 We may compel you to stop using any of the licenced materials if we believe that your use infringes on the intellectual property rights of a third party or violates any relevant law or regulation. In this case, we have the option of either:
(a) provide you with alternative Licensed Materials so as to avoid the infringement; or
(b) terminate these Terms of Use immediately on written notice in respect of the affected Licensed Materials.
8. Licence to use the Platform
8.1 We hereby give you a non-exclusive, non-transferable licence to permit the Users to use the Platform beginning on the Effective Date and continuing during the Term, subject to the restrictions and your duties set forth in these Terms of Use.
8.2 Except as permitted by applicable law that cannot be excluded by agreement between the parties, you may not or permit anyone to:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;
(b) rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis;
(c) translate, reverse engineer, decompile, disassemble, unbundle, modify or create derivative works based on the Software, except as expressly permitted by law;
(d) vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software, the Platform and the Licensed Materials; or
(e) access all or any part of the Platform and/or the Licensed Materials in order to build a product or service which competes with the Platform and/or the Licensed Materials.
(f) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
(g) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
8.3 You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Licensed Materials and, in the event of any such unauthorised access or use, promptly notify us.
8.4 All rights that are not expressly or specifically granted in these Terms of Use are reserved by us.
9. Users
9.1 In relation to the Users, you undertake that:
(a) you will not allow or suffer any User Subscription to be used by more than one individual User unless it has been reassigned in its entirety to another individual User, in which case the prior User shall no longer have any right to access or use the Platform and/or the Licensed Materials;
(b) each User shall keep a secure password for his use of the Platform and the Licensed Materials;
10. Provision of the Platform
10.1 We shall use reasonable endeavours to make the Platform and the Licensed Materials available 24 hours a day, seven days a week, except for planned maintenance and unscheduled maintenance.
10.2 We reserve the right at any time to make any modification, change or addition to, or replacement of, the Platform where this is required to conform with any applicable statutory requirements.
10.3 We shall not be liable for any failure to provide the Platform in accordance with these Terms of Use to the extent that such failure is caused directly or indirectly by your negligence or breach of any term of these Terms of Use.
10.4 We do not guarantee that the Learninet website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Learninet website. You should use your own virus protection software.
11. Acceptable Use
11.1 You shall not access, store, distribute or transmit any Viruses in your use of the Platform and the Licensed Materials.
11.2 We may from time to time provide interactive services on the Platform. We will use reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on the Platform and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service on the Platform and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not.
11.3 The following content standards apply to any and all material which you and Users contribute to the Platform and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
11.4 Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law.
11.5 Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
11.6 We will determine, in our sole discretion, whether there has been a breach of these acceptable use standards through your and/or any User's use of the Platform. When a breach of these standards has occurred, we may take such action as we deem appropriate.
11.7 We have the right to remove any posting you and/or any User makes on the Platform if, in our opinion, your and/or any Users post does not comply with the standards set out above.
12. As a consumer, you are entitled to change your decision at any point.
12.1 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
12.2 Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download, access or stream the product.
12.3 You have 14 days after the day we email you to confirm we accept your order, or, if earlier until you start downloading, accessing or streaming. If we make the Platform and/or the Licensed Materials available to you immediately, and you agreed to this, you will not have a right to change your mind.
13. Third-Party Websites and Internet Use
13.1 Where the Platform or any Licensed Materials contain links to other sites and resources provided by third parties, these links are provided only for your and the Users' information. Such links should not be interpreted as approval by us of those linked websites or information you or Users may obtain from them. We have no control over the contents of those sites or resources.
13.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of their use of them.
13.3 Including a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them.
14. Warranties
14.1 We undertake that the Platform will be provided and that the Licensed Materials have been developed using reasonable skill and care.
14.2 The undertaking at clause 14.1 shall not apply to the extent of any non-conformance which is caused by the use of the Platform and/or the Licensed Materials contrary to our instructions or modification or alteration of the Platform and/or the Licensed Materials by any party other than us or our duly authorised contractors or agents. Suppose the Platform and/or the Licensed Materials do not conform with the foregoing undertaking. In that case, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly or provide you with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, we:
(a) do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, the Licensed Materials and/or any information obtained by you through the Platform will meet your requirements;
(b) do not suggest or imply that the use of the Platform and/or the Licensed Materials will result in a pass in any exam nor acceptance at any school; and
(c) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Platform and access to the Licensed Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
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14.3 At Learninet, we have taken extensive measures to ensure the accuracy of the information, lessons, audio, and worksheets available on our website and learning management system. Nonetheless, we cannot be held responsible for any errors, omissions, or discrepancies in the subject matter presented. Therefore, we hereby disclaim any liability to any party that may arise from mistakes in the online lessons, recorded lessons at the LMS, writing, worksheets, recorded voices, etc.
15. Availability of the Website and disclaimers
15.1 Any online facilities, tools, services or information that Learninet Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Learninet Ltd is under no obligation to update information on the Website.
15.2 Whilst Learninet Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard, and all Users take responsibility for their own security that of their personal details and their computers.
15.3 Learninet Ltd accepts no liability for any disruption or non-availability of the Website.
15.4 Learninet Ltd reserves the right to alter, suspend or discontinue any part (or the whole) of the Website, including any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
16. Your Obligations
16.1 You shall:
(a) only use the Platform and the Licensed Materials in accordance with the terms of these Terms of Use for your own internal purposes;
(b) use the Platform and the Licensed Materials in accordance with our reasonable instructions and any laws, regulations and licenses which may apply to your use of the Platform and the Licensed Materials from time to time;
(c) not change, amend or develop the Licensed Materials without our prior written consent;
(d) not resell the Licensed Materials;
(e) only permit the use of the Platform and the Licensed Materials by Users and shall not permit the use of the Platform or the Licensed Materials by any third party;
(f) ensure that the Licensed Materials once downloaded, are kept secure and shall prevent and take prompt and proper remedial action against unauthorised access, copying, modification, storage, reproduction, display and distribution of the Licensed Materials;
(g) not and shall procure Users shall not display, upload or input any Licenced Materials to websites or online platforms (your own, public or commercial) without our prior written authorisation;
(h) ensure that the Users use the Platform and the Licensed Materials in accordance with the terms and conditions of these Terms of Use and shall be responsible for any User's breach of these Terms of Use, including by ensuring Users do not disclose the Licensed Materials to any third party;
(i) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
(j) provide us with up-to-date information, co-operation and support as we shall reasonably require pursuant to these Terms of Use.
17. Charges and Payment
17.1 You shall pay the Subscription Fees to us in accordance with this clause 17.
17.2 Unless otherwise agreed with us, you shall on the date you order access to the Platform and the Licensed Materials provide to us valid, up-to-date and complete credit or debit card details or approved purchase order information acceptable to us and any other valid, up-to-date and complete contact and billing details and, if you provide:
(a) your credit or credit card details to us, you hereby authorises us to bill such credit or debit card on the Effective Date for the Subscription Fee payable in respect of the Term;
(b) your approved purchase order information to us, we shall invoice you on the Effective Date for the Subscription Fees payable in respect of the Term and you shall pay each invoice within 7 days after the date of such invoice.
17.3 All amounts and fees stated in these Terms of Use:
(a) are inclusive of Value Added Tax and any other applicable taxes, duties and assessments which shall be payable by you in the manner prescribed by law;
(b) shall be payable in pounds sterling; and
(c) are non-cancellable and non-refundable.
17.4 If you fail to make any payment due to us by the due date for payment then, without prejudice to our other rights and remedies, we may:
(a) where you are a business customer, charge interest on the overdue amount at four percent (4%) above the official interest rate of the Bank of England. Such interest shall accrue on a daily basis from the due date of payment until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand by us; and/or
(b) suspend your and each User's access to the Platform and the Licensed Materials and/or any other services provided under on in connection with these Terms of Use (or any part of them).
17.5 If you are a business customer you must pay all amounts due to us under these Terms of Use in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).12.6 If you have signed up to a subscription package, at the end of the term length of the package, your subscription package will automatically be rolled onto a monthly subscription at the same monthly rate that you were paying for the subscription package.
17.6 Learninet offers various subscription packages for non-business customers, offering a range of price versus flexibility, so that non-business customers have choice:
(a) Monthly rolling subscriptions – for these package types, payment is collected on the date you subscribe, following any free trial period. The subscription continues to roll on a monthly basis until you cancel the subscription.
(b) Annual subscriptions – for these package types, full payment is required upfront for the minimum term length (12 months) following any free trial period. The subscription continues to roll on a monthly basis after the minimum term has expired until you cancel the subscription.
17.7 Customers can cancel a subscription at any time.
(a) Once a customer has cancelled a subscription, they will not be billed further by Learninet for the cancelled subscription.
(b) Once a customer has cancelled their subscription, they will continue to receive access to the Platform for the remainder of the period that they have already paid for.
(c) A customer has no right to any refund of a subscription payment taken before the time that they cancel their subscription.
For the avoidance of doubt, if a customer is on a monthly subscription plan and cancels 15 days (of 30 days) into their latest subscription period, the customer will retain access to the Platform for the remaining 15 days still covered by their last payment. They will not be entitled to a refund of any amount of their last payment. Once the remainder of the term length of the subscription is finished, the customer will automatically lose access to the Platform; they will not be charged further.
18. Intellectual Property
18.1 All Content included on the Website platform, unless uploaded by Users, is the property of Learninet Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, lessons, voice, quiz, worksheets, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored,, in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website, you acknowledge that copyright, trademarks, database rights and other intellectual property rights protect such Content. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
18.2 All of our Information and all Intellectual Property and any other rights in the Software and in or arising from the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use shall be and shall remain at all times our exclusive property or of our licensors. You shall acquire no right, title or interest in or to the same and shall use such items solely as permitted by the terms of these Terms of Use.
18.3 Even if you have subscribed for access to the Platform and the Licensed Materials, you still may not save and print downloadable Licensed Materials during the Term. You may not share or distribute any Licensed Materials and you may not share Users’ logins with any other party. Our status (and that of any identified contributors) as the authors of content on the Learninet website must always be acknowledged.
18.4 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Learninet Ltd.
19. Confidentiality
19.1 Subject to the remainder of this Clause 19, neither you nor we shall, without the other Party’s prior written consent, disclose to any third party Information which comes to that Party’s attention pursuant to these Terms of Use. Each Party shall only use the Information of the other Party to exercise its rights and/or perform its obligations under these Terms of Use.
19.2 You agree that we may disclose your Information to any relevant third party to the extent reasonably required by such third party in order to allow the provision of the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use.
19.3 The provisions of Clause 20.1 shall not apply to information which:
(a) is in or comes into the public domain otherwise than by breach of these Terms of Use, except that any compilation of otherwise public information in a form not publicly known shall nevertheless be treated as confidential Information;
(b) is in the other Party’s possession prior to the commencement of negotiations for these Terms of Use as shown by written evidence that predates the date of such negotiations;
(c) is or was lawfully received from a third party not under an obligation of confidentiality in respect of the same as shown by written evidence that predates the date of these Terms of Use;
(d) was developed independently of and without reference to the other Party’s Information; or
(e) is required to be disclosed under the operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required), in which case each Party shall promptly notify the other Party of any such disclosure requirement.
19.4 We shall be entitled to publicise that you have licensed use of the Platform and the Licensed Materials from us in our advertising or promotional materials (including in case studies), press releases, tenders, proposals, speeches, articles and other similar materials.
19.5 We shall be entitled to divulge your Information to our employees, agents, directors, officers, authorised sub-contractors, professional advisors and consultants who have a need to know the same in connection with these Terms of Use.
19.6 The restrictions contained in this Clause 20 shall continue to apply after termination or expiry of these Terms of Use without limit in time.
20. Our responsibility for loss or damage suffered if you are a consumer
20.1 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the provision of the Platform and the Licensed Materials.
20.3 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
20.4 To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
20.5 At Learninet, we have taken extensive measures to ensure the accuracy of the information, lessons, audio, and worksheets available on our website and learning management system. Nonetheless, we cannot be held responsible for any errors, omissions, or discrepancies in the subject matter presented. Therefore, we hereby disclaim any liability to any party that may arise from mistakes in the online lessons, recorded lessons at the LMS, writing, worksheets, recorded voices, etc.
20.6 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
20.7 If you are a consumer, we only supply the Platform and Licensed Materials to you for domestic and private use. If you use the products for any commercial or business purpose, our liability to you will be limited as set out in clause 21.
21. Limitation of liability
21.1 This clause 20 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
(a) arising under or in connection with these Terms of Use;
(b) in respect of any use made by you of the Platform, the Licensed Materials and/or any other services provided under or in connection with these Terms of Use or any part of them; and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms of Use.
21.2 To the maximum extent permitted by law, Learninet Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
21.3 Except as expressly and specifically provided in these Terms of Use:
(a) you assume sole responsibility for results obtained from the use of the Platform and the Licensed Materials by you, and for conclusions drawn from such use;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use; and
(c) the Platform and the Licensed Materials are provided to you on an "as is" basis.
21.4 Nothing in these Terms of Use shall exclude or limit our liability for:
(a) death or personal injury caused by its (or its employees’, agents’ or contractors’) negligence; and
(b) fraud or fraudulent misrepresentation; and
(c) any other liability the exclusion or limitation of which is not permitted by law.
21.4 Subject to clause 22.2 and clause 22.3:
(a) We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: loss of profits; loss of business; depletion of goodwill and/or similar losses; or loss or corruption of data or information; or pure economic loss; or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms of Use; and
(b) Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Use shall be limited to the Subscription Fees payable by you under these Terms of Use during the twelve (12) month period prior to the date the liability first arose or where the liability arises after the expiry or termination of these Terms of Use, to the Subscription Fees payable by you to us in the twelve (12) month period prior to expiry or termination of these Terms of Use.
22. Term and Termination
22.1 These Terms of Use shall, unless otherwise terminated in accordance with these Terms of Use, commence on the Effective Date and for the subscription term selected by you when ordering access to the Platform and Licensed Materials (the "Term").
22.2 A Party shall have the right to terminate these Terms of Use at any time on immediate notice to the other Party in the event that the other Party:
(a) fails to pay any amount due under these Terms of Use on the due date for payment;
(b) commits an irremediable material breach of these Terms of Use, persistently repeats a remediable material breach or commits any remediable material breach and fails to remedy it within fourteen (14) days of receipt of the notice of the breach requiring remedy of the same; or
(c) where the other party is a company, the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) where the other party is a company, the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(e) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under these Terms of Use has been placed in jeopardy.
22.3 We may terminate these Terms of Use (or any part of it) and/or access to the Platform and/or the Licensed Materials (or any part of them):
(a) by serving written notice on you with immediate effect, if termination is required for legal or regulatory reasons;
(b) on serving fourteen (14) days prior written notice to you if we or our third party suppliers no longer operate or provide any or all of the products or services used in relation to the Platform or the Licensed Materials or intends to cease operating or providing any or all of such products or services in the immediate future.
22.4 The termination of these Terms of Use shall be without prejudice to the accrued rights and liabilities of either Party subsisting under these Terms of Use prior to termination.
22.5 We may at our sole discretion suspend immediately the provision of the Platform, access to the Licensed Materials and/or any other services provided under these Terms of Use (or any part of them) until further notice on notifying you either orally (confirming such notification in writing) or in writing if we are entitled to terminate these Terms of Use. Any suspension shall not exclude our right subsequently to terminate these Terms of Use.
23. Consequences of Termination
23.1 Upon termination of these Terms of Use for any reason, you shall:
(a) immediately cease to make use of the Platform and the Licensed Materials;
(b) immediately pay any outstanding sums due under these Terms of Use; and
(c) either return or destroy all of our Information, the Licensed Materials or any document containing part thereof, together with all copies of the Information and the Licensed Materials (including all electronic copies and hard copies) and shall on reasonable request provide written confirmation that such steps have been taken.
23.2 Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination shall not be affected or prejudiced.
23.3 Any terms and conditions forming part of these Terms of Use which are agreed by the Parties to survive termination or which by their nature are to survive termination, shall survive and continue in full force and effect.
24. Force Majeure
24.1 We shall have no liability to you under these Terms of Use if we are prevented from or delayed in performing its obligations under these Terms of Use, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
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24.2 At Learninet, we have taken extensive measures to ensure the accuracy of the information, lessons, audio, and worksheets available on our website and learning management system. Nonetheless, we cannot be held responsible for any errors, omissions, or discrepancies in the subject matter presented. Therefore, we hereby disclaim any liability to any party that may arise from mistakes in the online lessons, recorded lessons at the LMS, writing, worksheets, recorded voices, etc.
25. Notices
25.1 Notices sent in respect of any matter arising in respect of these Terms of Use shall be in writing and must be sent either by:
(a) first class post; or
(b) delivered by hand; or
(c) email.
25.2 A notice shall be sent or delivered to the address or email address specified by you in your order for access to the Platform and the Licensed Materials.
Notice shall be sent by email to support@Learninet.co.uk
25.3 Notice is deemed given:
(a) in the case of hand delivery – at the time the delivery is made;
(b) in the case of posting– two (2) Working Days after the notice is posted;
(c) in the case of email – one (1) Working Day after transmission.
26. General
26.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
26.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
26.3 These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
26.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
26.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
26.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
26.7 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
26.8 Before transferring any of your obligations under these Terms of Use, it's crucial that you obtain our written consent. Any attempt to assign or transfer these Terms without our prior approval will be considered invalid.
26.9 We want to make it clear that if we don't immediately require you to fulfil your obligations under these Terms of Use, or if we delay taking action against you for violating them, it doesn't mean you're off the hook. We may still take action against you at a later time. For instance, if you miss a payment and we don't pursue you right away, we may still require you to pay at a later date while continuing to provide you with the Platform and Licensed Materials..
26.10 Headings in these Terms of Use are for ease of reference only and do not limit the scope of the relevant section.
26.11 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use.
26.12 If any part of these Terms of Use is held unlawful, invalid or unenforceable, that part shall be considered struck out and the remainder of these Terms of Use shall remain in full force and effect. We and you shall work together in good faith to agree an enforceable replacement provision capturing the spirit of the original.
26.13 If you are a business customer, these Terms of Use, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms of Use it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms of Use or not) relating to the subject matter of these Terms of Use, other than as expressly set out in these Terms of Use.
26.14 These Terms of Use are between you and us. No other person shall have any rights to enforce any of its terms.
26.15 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms of Use are governed by English law and you can bring legal proceedings in respect of these Terms of Use in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms of Use in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms of Use in either the Northern Irish or the English courts.
26.16 If you are a business, the laws of England and Wales apply to this contract and any legal proceedings related to these Terms of Use and its subject matter should be brought to the courts of England and Wales. This includes disputes or claims, both contractual and non-contractual. We will follow the governing laws of England and Wales and the courts in that jurisdiction will have exclusive jurisdiction to settle any disputes or claims.
Update:
10-02-2022