You must be at least 13 years old to use the Site and our services. If you are between the ages of 13 and 18, you may use the Site under the supervision and guidance of your parents or guardians. In such a case, your parent(s) or guardian must agree to this Agreement and shall be bound by the same.
Please review this Agreement since it affects your legal rights and obligations. If you cannot agree to be bound by this Agreement, do not access or use our website located at www.Learnworks.com and any related software (the “Site”). By using the Site, you hereby (i) agree to be bound by the same, and (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement includes and hereby incorporates by reference the Learnworks’s policies referred to herein. The Company’s policies may be modified by the Company during the continuance of this Agreement, in its sole discretion.
- ABOUT THE SITE AND SERVICES
The Site is Software-as-a-Service (SaaS) platform wherein Company provides (in general) services relating to (among others) e-learning, course building and consultation services (“Services”).
The Company, in exchange of a Fee, provides each Customer with access to a rich collection of courses on the Site.
You must create an Account on the Site in order to enjoy our Services. During registration, you shall be required to provide contact information, consisting of your name, valid email address, password, location and financial information. The registration shall be deemed to be conclusive proof that you use our Site. You are hereby required to provide accurate and complete information. We reserve the right, with or without giving any reasons, to reject, remove, restrict or suspend any username.
The registration shall be non-transferrable. It shall be your sole duty to keep your password confidential and Company shall bear no responsibility for any access, use/misuse of the Site in connection with your Account. If you become aware of any unauthorized use of your Account, you must notify the Company in writing of such use.
- SITE AND SERVICES LICENSE
Subject to and conditioned on compliance with this Agreement and the other Company policies, the Company grants you a limited license to access and, if you are a Customer to use this Site and Services for the purpose of enjoying the Services made available and authorized from this Site.
You shall not access or use the Site or Services for any reasons that are in competition with the Company. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of the Company. You must not use any content of this Site on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site except as permitted in writing by the Company. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. The Company and its licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The Site logo and name are trademarks of the Company, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated, nothing in this Agreement confers any license under any of Company’s or any third party’s Proprietary Rights, whether by estoppel, implication or otherwise.
Without limiting the generality of the above and giving the Customers/Users an idea what the Site does, Learnworks offers courses to: i) individuals, and ii) Organizations.
Courses to Individuals
Any individual can buy the courses available on the Site through lw.Learnworks.com. The course shall be non-transferrable and be available to the individual who purchased it. The individual shall have life-time access to the course.
Courses to Organizations
The organization that wishes to purchase our courses is provided with its own access (Tenant) wherein they can create multiple logins on the same access and offer these courses to their employees. The organizations can further sell these courses further with the permission of the Company.
- PAYMENT TERMS
The fee of each course is stated in the features of the course. If you are an individual, you will be required to pay for each single course through iDeal, Credit Cards or PayPal.
If you are an organization, you shall execute a contract with the Company and you shall be charged on annual basis and will be invoiced as such. The fee shall be paid via bank transfer. The first payment shall become due one (01) month after installation. Every recurring payment shall be due within thirty (30) days of issuance of invoice. Failure to pay on or before the due date shall result in your access being blocked until the clearance of invoice.
- MANAGEMENT RESPONSIBILITY
The provision of Services by the Company is intended to help Customers gain technical knowledge. However, Customer is fully and exclusively responsible for his/her performance. Like in a traditional school paradigm, students have an obligation to learn, we and our tutors do their best to impart to students to the best of their abilities, the students (Users/Customers) have to do their part as well.
- NO ENDORSEMENT
Any reference in the Services to any specific commercial product, services or process by trade name, trademark, manufacturer, or otherwise, is for general information and does not necessarily constitute or imply its endorsement, recommendation, or favoring by us and such mention shall not be deemed to mean advertising or endorsement of such products, services or processes.
For all Learnworks courses, the Company will issue Learnworks certificates bearing its logo. For third party courses, the relevant institute/entity shall issue the certificate.
- ENFORCEMENT OF THE AGREEMENT AND POLICIES
Without limiting Company’s other remedies, we shall have the right, but not the obligation, to suspend or cancel your access to the Site if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site, or violate Company’s rights or those of another party; (b) We are unable to verify or authenticate any information you provide to us; or (c) We believe that your actions may cause legal liability to you, other users or Company. In addition, violations of this Agreement may be prosecuted to the fullest extent as permitted by law and may result in additional penalties and sanctions.
We, in our sole discretion, reserve the right to determine whether or not your use of the Site or Services is in conjunction with this Agreement.
- GENERAL OBLIGATIONS AND RESTRICTIONS UPON USERS
You shall not transgress from your role under this Agreement. You shall not access (or attempt to access) the Site or our services by any means other than through the interfaces provided by Company, and shall not use any information available on the Site for any purpose other than the purpose for which it was made available. You shall not use the Site for any illegal, fraudulent, obscene or defamatory activity. You shall not attempt to gain unauthorized access to other networks or computer systems through the Site. You shall not engage in any activity that interferes with or disrupts the proper functioning/operation of the Site. You shall not upload or attach any malicious or unknown files. You shall not insert any external links that could be malicious or unknown to you, or used for offering any goods or services.
You are not allowed to advertise, promote or brand any content, including any third party’s content into the Site for personal, commercial or any other purposes unless expressly permitted by us.
You shall not use any software, script, device, mechanism or do any act by the commission of which the proper and true functioning of the Site may be affected. You shall not do any act or encourage anyone else to do an act that could infect a routine in the Site, including, without limitation, any virus, Trojan horse, cancelbot, time bomb, worm or any other computer routine(s) that might damage, seize, interfere with, intercept, delay, impound, or expropriate a system, network, personal information or data.
Unless otherwise expressly provided in this Agreement, or through an express prior written permission from Company, you may not modify, reproduce, copy, republish, upload, post, download, transmit, or distribute, create derivative work, sell or otherwise exploit, in any manner, all or portion of this Site, Services, content, design, codes, data or materials.
- INTELLECTUAL PROPERTY RIGHTS
Company and its licensors reserve all Proprietary Rights in and to the Site and the Services. You may not use the Site except as necessary for the purposes of performing your obligations under this Agreement. We reserve the right to withdraw, expand, otherwise change or cease to operate the Site at any time at our sole discretion.
You may/shall not reverse-engineer, disassemble or decompile, decrypt, circumvent or otherwise interfere, in any manner whatsoever, whole or part of the Site or domains as it constitutes/embodies Company’s Proprietary Rights.
- TERMINATIONS AND MODIFICATIONS
This Agreement becomes effective by your visit of the Site. We reserve the right to modify or discontinue all or part of the Site or Services, temporarily or permanently, with or without notice to you, and are not obligated to support or update the same. You understand and agree that we shall not be liable to you or a third party for modifications, suspensions or changes to Site or Services.
- COMPLIANCE WITH COPYRIGHT LAWS
We shall respond quickly to claims of copyright infringement. If you believe your copyright is infringed by our Site and Content, please provide us with a written notice via mail or email at the following address:
7314 CP Apeldoorn
Your notice must contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material you claim is infringing is located on our website;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
- INTERNATIONAL USE
You are required to follow all the national and international laws while accessing the Site. The Site is being operated under the laws of Netherlands; thereby you are obligated to follow the law of Netherlands in your use of the Site. If you choose to access this Site from a location outside of Netherlands, you do so, on your own initiative and you are responsible for compliance with local laws.
- WARRANTY & DISCLAIMER
THE SITE, COURSES, SERVICES AND CONTENT ARE AVAILABLE ON “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, NEITHER WE, NOR OUR MANAGERS, AFFILIATES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE CONTENT, COURSES, SERVICES OR ITEMS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION PROVIDED ON SITE OR ANY ACTIVITIES RELATED TO THIS AGREEMENT.
- LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THESE LIITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
- EMAIL FROM THE COMPANY FOR NEWSLETTERS AND ANNOUNCEMENTS
From time to time, we may use your email address to provide you with email newsletters and announcements about the Site and Services or to solicit feedback from you. If you do not wish to receive these kinds of communications, you can opt out by clicking unsubscribe at the end of the email.
You shall indemnify, defend and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees and representatives from any and all claims, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) your use of Content, or (ii) any information provided by you or obtained by you, and (iii) any claim, judgment, or adjudication that any action or omission by you infringes Proprietary Rights or other rights of any third party.
- SEVERABILITY, INTEGRATION AND GOVERNING LAW
This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement shall be governed and construed by the laws of Netherlands. In the event of a dispute regarding this Agreement, the courts of Netherlands shall have the exclusive jurisdiction in the matter.
- NO WAIVER
The failure or delay of Company to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that Company’s right to later enforce or exercise it, unless Company issues an express written waiver, signed/executed by a duly authorized representative of Company.