Learntinue Subscriber Agreement


United Kingdom

Updated: 06 April 2020

The Rose & Victoria Ventures Ltd (“Learntinue”, “we”, “us” “our”) welcomes you to the Learntinue Service. The “Learntinue Service” includes the Learntinue website, application and associated content and services.

PLEASE READ THIS SUBSCRIBER AGREEMENT (“LEARTINUE SUBSCRIBER AGREEMENT “, OR “AGREEMENT”) CAREFULLY BEFORE USING THE LEARNTINUE SERVICE.

You agree to the Learntinue Subscriber Agreement by clicking “Agree & Continue” or other industry standard mechanism during the Learntinue registration process and ratify your agreement when you use any aspect of the Learntinue Service. If you do not agree to the Learntinue Subscriber Agreement, you may not use the Learntinue Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following our publication of a notice on the Learntinue website (and we may also email details of the amendment on the Learntinue Service). If you do not agree to any change to this Agreement, you must discontinue using the Learntinue Service. None of our staff members are authorized to modify any provision of this Agreement, either verbally or in writing.

List of Sections:

1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Your Information
6. Suspension and Termination
7. Additional Provisions

1. USER ELIGIBILITY AND REGISTRATION

I. Eligibility and Age Limitations. Only residents of the countries where we offer the Learntinue Service (collectively, the “Territory”) are eligible to register for a Learntinue account. This Learntinue Subscriber Agreement governs for residents of the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. You must be 18 years of age or over to purchase the Learntinue Service. The Learntinue Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a Learntinue account or use the Learntinue Service. Individuals under the age of 18 are not eligible for a Learntinue account and are not permitted to provide personal information to Learntinue.

II. Registration. Only individuals that have registered for a Learntinue account, provided certain information (e.g., a valid email address), and have agreed to the Learntinue Subscriber Agreement are eligible to use the Learntinue Service. You are responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Learntinue account. However, if you allow others to access your Learntinue account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Learntinue of any unauthorized access to your Learntinue account. Learntinue will not be responsible for any losses arising from the unauthorized use of your Learntinue account.

III. Notices. Any notices Learntinue delivers to you may be made as follows: (i) by email to the last email address provided by you and (ii) by posting a notice on the Learntinue website. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details. You agree that we may take steps to verify the accuracy of information you provide.

2. SUBSCRIPTION TERMS

i. Subscription and Auto-Renewal. Your subscription to the Learntinue Service includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing and, in the event of a price change, we will notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. You are responsible for all third-party Internet access charges in connection with your use of the Learntinue Service. Please check with your Internet provider for information on possible Internet data usage charges.

ii. Free Trials. Your Learntinue Service subscription may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available to those who have not previously used one for the Learntinue Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register but you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

iii. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Learntinue subscription, navigate to Contact Us section on https://www.learntinue.ai/, and click “Submit Support Request” to cancel your subscription and enter your request. Alternatively drop us an email at support@learntinue.ai requesting cancellation of your Learntinue subscription. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Learntinue until then. We do not refund or credit for partially used billing periods. You have a statutory right to withdraw within 14 days of signing up to the Learntinue Service. However, you acknowledge that when you signed up to the Learntinue Service you agreed to the immediate access of digital content and that if you access any digital content, you lose your right to withdraw from the Learntinue Service.

iv. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, where applicable law allows, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Learntinue Service. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription by giving you notice. You also agree that we may charge your payment method on file if you decide to restart your Learntinue subscription, unless you specify an alternative payment method when you restart your subscription.

v. Bundled Subscription Options. We may offer a Learntinue Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.

3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS

i. License. Within the Territory and subject to the terms and conditions in this Learntinue Subscriber Agreement, Learntinue grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:

A. Access and make non-commercial, personal use of the Learntinue Service; and

B. Access or temporarily download copyrighted materials, including but not limited to learning videos, question, puzzles, challenges or any other learning content (the “Learntinue Content”) that are available to you from the Learntinue Service.

This is a license agreement and not an agreement for sale or assignment of any rights in the Learntinue Content or the Learntinue Service. The purchase of a license to access or temporarily download any Learntinue Content does not create an ownership interest in the Learntinue Content. Such Learntinue Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Learntinue Content, is owned by Learntinue, its affiliates and/or other licensors, and is protected by the copyright laws of the United Kingdom, as well as other intellectual property laws and treaties.

ii. Restrictions on Your Use of the Learntinue Content. You agree that as a condition of your license, you may not and agree not to:

A. circumvent or disable any content protection system or digital rights management technology used in connection with the Learntinue Service to control access to the Learntinue Content;

B. copy the Learntinue Content (except as expressly permitted by this Learntinue Subscriber Agreement);

C. republish, transmit or transform the Learntinue Content available via the Learntinue Service;

D. create derivative works of the Learntinue Content; or

E. allow third parties to violate the above restrictions.

iii. Restrictions on Your Use of the Learntinue Service. You agree that as a condition of your license, you may not and agree not to:

A. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Learntinue Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;

B. modify the Learntinue Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Learntinue Content or the Learntinue Service;

C. access or use the Learntinue Service in a manner that suggests an association between you and/or any other party with our products, services or brands;

D. use the Learntinue Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilizing the Learntinue Content or Learntinue Service, whether or not for profit;

E. create derivative works of any Learntinue owned components of the Learntinue Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;

F. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Learntinue Service;

G. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Learntinue Service using a robot, spider, scraper or other automated means or manual process without our express written permission; viii. damage, disable, overburden or impair the Learntinue Service;

H. use the Learntinue Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Learntinue Subscriber Agreement;

I. share your login credentials with third parties; or

J. otherwise allow third parties to violate the above restrictions.

iv. Violations. Any attempt to perform any of the restrictions listed in Sections 3(ii) and 3(iii) above is a violation of the rights of Learntinue and the copyright holder.

4. USAGE TERMS

a. Learntinue Compatible Devices. Use of the Learntinue Service requires compatible devices, and certain software may require periodic updates, and your use of the Learntinue Service may be affected by the performance of these elements. You can access Learntinue Content with almost any Internet-connected computer or mobile or other devices (Internet connection required).

b. Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Learntinue Service.

c. Accessing Learntinue Content. Learntinue Content can be accessed through the Learntinue Service over an active Internet connection. Up to five (5) concurrent sessions referred to as profiles are allowed for each Learntinue account at any time. The number of concurrent sessions available for use may change from time to time at our discretion.

d. Downloading Learntinue Content. Learntinue Content may be available for temporary download for offline learning on certain Compatible Devices. Downloads are limited to a maximum of five (5) Compatible Devices. You will not be permitted to download to an additional device once the maximum of five (5) Compatible Devices has been reached. The length of time and type of content available for temporary download for offline learning may change from time to time at our discretion.

e. Profiles. Learntinue offers the option to personalize use of the Learntinue Service through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Learntinue Content from within that profile. Please visit our FAQ Centre if you would like more information about Kid profiles.

f. Learntinue Content Availability. Certain Learntinue Content available through the Learntinue Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Learntinue Service, and we may use different technologies and methods to verify your geographic location.

g. Force Majeure. It is possible that the Learntinue Service and/or some or all Learntinue Content may not be available for access or downloading at any given time including (i) during any maintenance or update periods, (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest, pandemic, climate change related events; or (iv) as a result of other matters beyond the control of us or third parties (“Force Majeure”). Learntinue will take reasonable efforts to provide you with as much prior notice as possible of service interruption. Where the Learntinue Service is unavailable for reasons beyond our control or our third-party service providers, Learntinue shall have no liability to you. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Learntinue. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice.

h. Suspension and Discontinuance of Learntinue. You agree that we will not be liable to you for any suspension or discontinuance of the Learntinue Service. If you are a subscriber and we suspend or discontinue your subscription to the Learntinue Service, we will provide you with a credit, refund, discount or other form of consideration corresponding to the duration of your suspended or discontinued access. However, if we terminate your account or suspend or discontinue your access to the Learntinue Service due to your material violation of the Learntinue Subscriber Agreement, or as a result of Force Majeure, then you will not be eligible for any such credit, refund, discount or other consideration.

i. Promotional and Experimental Features. In our continued assessment of the Learntinue Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Learntinue Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Learntinue shall be governed by this Learntinue Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.

5. USE AND SHARING OF YOUR INFORMATION

You acknowledge that Learntinue and The Rose & Victoria Ventures Ltd are the data controllers jointly responsible for the processing of your personal data in order to provide you with the Learntinue Service.

For more information about our collection, use, and sharing of your information please refer to our Privacy Policy and to the UK & EU Privacy Rights notice about the use of your information and your rights in the EU.

Learntinue will use your data to personalize and improve your Learntinue Service experience and to send you information about the Learntinue Service. You can change your communication preferences anytime. We may use your data as described in our Privacy Policy, or UK & EU Privacy Rights notice including sharing it with the Rose & Victoria Ventures Ltd Family of Companies.

Learntinue reserves the right to, and you agree that Learntinue may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law. You acknowledge that Learntinue may access, preserve or disclose information you provide when We have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Learntinue, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Learntinue Service or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

6. SUSPENSION AND TERMINATION

a. You agree that Learntinue may, in its sole discretion and without advance notice or liability to you, insofar as possible under local laws, restrict, suspend, or terminate your access to part or all of the Learntinue Service and to any Learntinue Content if Learntinue believes you are using or have used the Learntinue Service in material violation of the Learntinue Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Learntinue may restrict or suspend your access to your Learntinue account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Learntinue reasonably believes that your Learntinue account has been created fraudulently, your Learntinue account has been accessed fraudulently, or anyone uses your Learntinue account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Learntinue also reserves the right, after notice to you, to terminate any Learntinue account that remains inactive for one year (failure to log in to your Learntinue account will constitute inactivity for purposes of this Learntinue Subscriber Agreement).

b. Upon termination of your Learntinue account, whether terminated by Learntinue or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access streamed Learntinue Content through the Learntinue Service and within a limited period lose the right to view offline Learntinue Content downloaded within the Learntinue Service.

7. ADDITIONAL PROVISIONS

a. You understand and agree that the Learntinue Content you receive through the Learntinue Service is intended for informational and learning purposes only. The Learntinue Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

b. Learntinue Content Subjectivity. Learntinue Content tends to be of varying nature perceived, interpreted and received differently by different people. You may come across Learntinue Content that you find offensive, irrelevant or objectionable. Also, content ratings, types, subjects, topics, sub-topics, categories, and/or descriptions are provided as suggestions to help with navigation, and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Learntinue Content is appropriate for your family.

c. Learntinue Content Quality. We use various technologies & content partners to provide you with an optimal learning experience. That said, the quality of Learntinue Content, including resolution, may be affected by the format of the Learntinue Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors.

d. Third-Party Services and Learntinue Content. The Learntinue Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content.

e. Mobile Networks. When you access the Learntinue Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.

f. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Learntinue does not claim ownership over any ideas, suggestions, or other materials submitted.

g. Contact Information. You may contact Learntinue as follows:

by email at: support@learntinue.ai

h. Disclaimers; liability limitation. You have certain legal rights with respect to the Learntinue Service and nothing in this Learntinue Subscriber Agreement affects those rights. Except as required by law or as expressly stated by Learntinue, Learntinue, its affiliates, licensors, agents, and service providers (collectively “the Learntinue Parties”) do not offer and expressly disclaim any promises or guarantees in relation to the Learntinue Content and the Learntinue Service. You and not the Learntinue Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Learntinue Content and the Learntinue Service, except where any damage to a device or other digital content belonging to you is as a result of the supply of Learntinue Content and such damage is of a kind that would not have occurred had Learntinue exercised reasonable care and skill (in which case the limitation below shall apply in respect of such damage).To the extent not prohibited by applicable law, in no event shall the Learntinue Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Learntinue Content or the Learntinue Service, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed the cost of monthly subscription fee or ten pounds (£10) whichever is lower. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Learntinue Parties have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

i. Jurisdiction. Any dispute between you and The Rose & Victoria Ventures Ltd Company or its affiliates shall be settled by the competent Court as set forth in the applicable rules.

j. Choice of Law. This Learntinue Subscriber Agreement and any dispute or claim arising out of or in connection with this Learntinue Subscriber Agreement are governed by and construed in accordance with the laws of England and Wales, without prejudice to the mandatory rules that may apply in your country of residence.

k. Severability. If any provision of this Learntinue Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Learntinue shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Learntinue Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.

l. Survival. The provisions of this Learntinue Subscriber Agreement which by their nature should survive the termination of this Learntinue Subscriber Agreement shall survive such termination.

m. Dispute resolution. You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. If you have a complaint please contact us directly at support@learntinue.ai

n. Prevailing language. You acknowledge and agree that if any future amendments or communications are sent by the Learntinue Service in a different language as selected by you, those future amendments and communications shall be valid and in the case of amendments, shall be effective in law.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to above Subscriber Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Subscriber Agreement by your continued use of the Site after the date such revised Subscriber Agreement is posted.