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Terms and Conditions

Terms and Conditions

Terms and Conditions

ACCEPTANCE OF TERMS


This web site located at www.lurnable.com (this "Site") is provided by Lurnable Limited ("LURNABLE"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site. LURNABLE provides this Site and all related URLs (the "Services") to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between LURNABLE and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services. In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to LURNABLE.


CHANGES TO TERM AND CONDITIONS


LURNABLE reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.


PERMITTED AND PROHIBITED USES


This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, LURNABLE grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

  • sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers
  • transfer the Content to any other person without the prior written explicit consent of LURNABLE;
  • use this Site in any manner that could damage, disable, overburden or impair this Site;
  • upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
  • interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
  • infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
  • disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
  • use or attempt to use another's account, password, service, system or other information without prior written authorisation from LURNABLE, or create or use a false identity on this Site;
  • transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
  • upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libellous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
  • attempt to obtain unauthorised access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.


COPYRIGHT AND TRADEMARKS


Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by LURNABLE. You may print or download one copy of the Content on this Site on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from LURNABLE, or LURNABLE's content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from LURNABLE is prohibited


LINKS AND THIRD-PARTY WEBSITES


LURNABLE provides to you, on this Site, links to Third-Party Websites operated by other entities. These Third-Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third-Party Websites within the WEBSITE URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third-Party Website. Links to Third-Party Websites does not constitute an endorsement, sponsorship or recommendation by LURNABLE of the Third-Party Websites, the entities themselves or of any content, services or products available on or through such Third-Party Websites. If you use these Third-Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that LURNABLE or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third-Party Website is authorized to use any trademark, trade name, logo or copyright symbol of LURNABLE. Third-Party Websites may create other contractual obligations between you and the Third-Party entity in addition to these Terms and Conditions. This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that LURNABLE shall not have any liability whatsoever to you for any such Third-Party material, data or information.


SUBMISSION OF INFORMATION


Although LURNABLE may provide certain security in an effort to protect the electronic transmission of certain information that you submit to LURNABLE through this Site, LURNABLE does not guarantee the security of any information transmitted to or from this Site, including to or from any Third-Party Websites linked to this Site. Submission of any financial (eg. credit card) or other information to this Site or to any Third-Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to LURNABLE through this Site. Except for personal information about you, any information you do send to LURNABLE through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to LURNABLE a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.


DISCLAIMERS


ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER LURNABLE, THEIR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.


PURCHASES


You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that LURNABLE is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that LURNABLE cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.


AVAILABILITY, ERRORS AND INACCURACIES


We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.


CONTESTS, SWEEPSTAKES AND PROMOTIONS


Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.


CONTENT


Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.


ACCOUNTS


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any Third-Party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.


TERMINATION


We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


INDEMNIFICATION


You agree to defend, indemnify and hold harmless LURNABLE and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.


LIMITATION OF LIABILITY


In no event shall LURNABLE , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any Third-Party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


DISCLAIMER


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. LURNABLE its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


EXCLUSIONS


Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will LURNABLE ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by LURNABLE or any person for whom LURNABLE is responsible, and even if LURNABLE has been advised of the possibility of such loss or damage being incurred.


GOVERNING LAW


These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


COOKIES POLICY


Please refer to our Cookies Policy. You agree that they constitute part of these terms. You must read our Cookies Policy before you use the Service.


AGREEMENT TO PRIVACY POLICY


LURNABLE respects your desire for privacy. LURNABLE's Privacy Policy can be found in the website. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.


CONTACT US


If you have any questions about these Terms, please contact us.