No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your subscription to our App has been fulfilled and access to all of it’s content has been granted.
1. Intellectual Property
1.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website and associated App or unless given express written permission to do so by Learny, Inc.
2. Third Party Intellectual Property relating to Curated Content
2.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the creators of curated content as may be applicable.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Learny, Inc. or that of our affiliates. 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 the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Communications with Learny, Inc.
4.1 When communicating with Learny, Inc. you should do so in accordance with the following rules:4.1.1 You must not use obscene or vulgar language;
4.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is offensive, abusive, threatening, harassing, defamatory, ageist, sexist or racist;
4.1.3 You must not submit Content that is intended to promote or incite violence;
4.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
4.1.6 You must not impersonate other people, particularly employees and representatives of Learny, Inc. or our affiliates; and
4.1.7 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
4.2 You acknowledge that Learny, Inc. reserves the right to monitor any and all communications made to us or using our System.
5.1 In order to procure Services on this Website and to use the full version of the associated App you may be required to create an Account which will contain certain personal details which may vary based upon your use of the Website as we may not require payment until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
5.1.1 all information you submit is accurate and truthful;
5.1.2 you have permission to submit Payment Information where permission may be required; and5.1.3 you will keep this information accurate and up-to-date.Your creation of an Account is further affirmation of your representation and warranty.
5.2 It is recommended that you do not share your Account details, particularly your username and password. Learny, Inc. accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer or device, it is recommended that you do not save your Account details in your internet browser or on the device itself.
5.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Learny, Inc. immediately to suspend your Account and cancel any unauthorized payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment, Learny, Inc. will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
6. Information about the auto-renewable nature of the App subscription:
6.1 The Learny App whilst free to download also includes a subscription offering.
6.2 There are two available subscription models monthly and annual. Monthly subscriptions cost $5.99 annual subscriptions cost $60. Payment will be charged to iTunes Account or Google Playstore at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
7. Termination and Cancellation
7.1 Either Learny, Inc. or you may terminate your Account. If Learny, Inc. terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7.2 If Learny, Inc. terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
7.3 Learny, Inc. reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
7.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
7.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Learny, Inc.
9. Services, Pricing and Availability
9.1 Whilst every effort has been made to ensure that all descriptions of Services available from Learny, Inc. correspond to the actual Services, Learny, Inc. is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 10.4 for incorrect Services.
9.2 Where appropriate, you may be required to select the required Services.
9.3 All pricing information on the Website is correct at the time of going online. Learny, Inc. reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every calendar month.
9.4 In the event that prices are changed during the period between an order being placed for Services and Learny, Inc. processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
10. Provision of Services
10.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
10.2 Learny, Inc. shall use its best endeavors to provide the Services with reasonable skill and care.
10.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Learny, Inc. will ensure that any necessary corrections to the Services provided are made within 7 working days.
10.5 Learny, Inc. reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 11. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
10.5.1 Any use or enjoyment that you may have already derived from the Services;
10.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Learny, Inc.Such discretion to be exercised only within the confines of the law.
12.1 Learny, Inc. makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
12.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
12.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
14. Availability of 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 law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Learny, Inc. accepts no liability for any disruption or non-availability of the Website or associated App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, Learny, Inc. accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
16. No Waiver
18. NoticesAll notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19. Law and Jurisdiction