Terms and Conditions 

Last Revised: April 1, 2018

 

Registration, purchase, access and use of on-line program offerings within US and internationally is provided by Learnica, Inc. (Learnica) is based on your acceptance of the following Terms and Conditions. Your purchase and use of Learnica programs offerings constitutes your agreement to these Terms and Conditions, which shall take effect immediately on your purchase on our website www.learnica.com. If you do not accept these terms and conditions you should not purchase or use Learnica’s Program offerings (‘Learnica Services’).

 

Use of Learnica Services:

  1. You agree to use Learnica Services only for lawful purposes. You may not use them or any part of these for commercial purposes.

  2. You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else's use of Learnica Services. Prohibited behavior includes harassing, bullying or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting Learnica Services.

  3. We reserve the right to manage or regulate your usage of Learnica Services. This may include temporarily or permanently suspending your user account.

Registration

  1. To use and participate in Learnica Services and discussion communities you are required to register and purchase at www.learnica.com. Any personal information supplied to Learnica.com as part of this registration process and/or any other interaction with Learnica.com will be collected, stored and used in accordance with Learnica's Privacy Policy.

  2. Registration for Learnica Services can only be made by a child over 13 years old or an adult. Children over thirteen years of age can register if they have explicit permission of their parent or guardian.

  3. To register a child/children below 13 years old, the registration should be done by an adult parent, adult family member or adult legal guardian. Please provide only your child’s name and your email address for registration.

  4. You must ensure that the details provided by you on registration or at any time are correct and complete.

  5. Your credit/ debit card details are not handled by Learnica.  All payment and all credit card handling is through the third party, Square. We do not store any credit card details. Authority for payment must be given at the time of placing your order.

  6. Learnica Services will be made available to you once your payment has been authorized and the program session has started.

  7. You must inform us immediately by email to care@learnica.com of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

  8. All user accounts must be registered with a valid personal email address that you access regularly so that regular communications, notifications and announcement emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice.

  9. You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting support@Learnica.com immediately.

  10. If Learnica has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.

  11. Learnica reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

  12. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

Purchase and Billing:

  1. Fees for Learnica Services are provided as a monthly recurring subscription service. We charge your card upon registration and then monthly at the start of beginning of each monthly for the duration of the program offering. Your Learnica Services billing will continue every 30 days unless and until you cancel your membership by writing to care@learnica.com and providing the student name and User ID. You will not be notified in advance of monthly changes. If you do not cancel, we will bill the monthly fees to the Payment Method you provide to us during registration every 30 days.

  2. If your Payment Method reaches its expiration date and you do not change your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Cancellation and Refunds:

  1. Upon registration, cancellation and full refunds are available for Learnica Services subscribers only with 14 days of starting the program.

  2. After the first 14 days, you can cancel your registration at any time by informing us in writing at care@Learnica.com. If you do so, you must stop using Learnica Services.

  3. Based on the date of the email sent for canceling your registrations we will stop all future monthly billings to your credit card. In addition, we will issue a refund for prorated amount based on the date of the month when registration is cancelled. Refunds cannot be made for past monthly payments.

  4. We reserve the right to issue refunds or credits at our sole discretion. In the event of Learnica Service temporary disruption or unavailability, you will not receive a refund.

  5. If you need to request a refund for whatever reason, please contact care@Learnica.com.

 

Access:

  1. Within two business days, a confirmation email will be sent acknowledging payment and successful enrollment in the Learnica Service.

  2. Within one week before the announced program start date you will be notified by email of an online URL where Learnica Services are accessible. You will be required to create a username and password for logging into the site and accessing the course content.

  3. For self-paced Learnica Services the entire program content will be accessible in a suggested course sequence order. Students registered in self-paced program offering can complete the program at their own pace and will have access for up to an year.

  4. For virtual classroom Learnica Services, while the entire program content will be accessible in a suggested course sequence order, the online virtual classrooms are scheduled at regular course intervals as indicated within course modules.

  5. It is not possible to pause your self-paced or virtual classroom Learnica Service or take a holiday midway through your enrolled program.

 

Use of Learnica Services:

  1. Please read the description for the Program offerings carefully.

  2. We will use all reasonable skill and care in making the Learnica Services available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Learnica does not give any other warranties in respect of Learnica Services.

  3. We seeks to continually improve Learnica Services and therefore reserves the right, at its discretion, to make changes to any part of any Learnica Services as long as it does not materially reduce its content or functionality.

  4. If we withdraw or are permanently unable to deliver particular Learnica Services, a partial refund will be given covering the portion of the program that remains undelivered.

 

Posting of content:

  1. Some Learnica Services allow you to post content to the Learnica platform including asking questions about the program, posting completed assignments, and taking part in discussion boards.

  2. All content which you provide or upload to our website shall be subject to the relevant provisions of our Terms & Conditions.

 

No commercial use:

  1. All Online Learnica Services are available for non-commercial use only. Learnica reserves the right to refuse orders from businesses that we consider are for commercial purposes. You may not re-sell or make available to any third party the Online Learnica Services without the prior written consent of Learnica.

  2. Subject to the written consent and upon paying the applicable fees, schools and other teaching/tutoring organizations are permitted to deliver Learnica Services to their named students.

Learnica Intellectual property:

  1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Learnica Services and all content (including all registrations, forms, discussions, and communications) located on or available through Learnica Services shall be deemed as Learnica intellectual property.

  2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Learnica Services content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Learnica Services content except for your own personal, non-commercial use. Any other use of Learnica Services content requires the prior written permission of Learnica, Inc.

  3. The names, images and logos identifying Learnica, Inc. or third parties and their products and services are subject to copyright, design rights and trademarks of Learnica and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of Learnica or any other third party.

 

Availability of Learnica Services:

  1. Although we aim to offer you the best service possible, we make no promise that Learnica Services will meet your requirements. We cannot guarantee that Learnica Services will be error-free and fault-free. If an error is found or a fault occurs with Learnica Services, you should report it to care@Learnica.com and we will attempt to correct the error and prevent future faults in a reasonably time.

  2. Your access to Learnica Services may be occasionally limited to allow for repairs, maintenance or the introduction of new Services, features and functionality. We will attempt to restore Learnica Services in a reasonably time.

International use:

  1. We provide no assurance that Learnica Services are appropriate or available for use in locations outside the US, and accessing Learnica Services from countries and territories where its contents are illegal or unlawful is prohibited. If you choose to access the Program offerings from locations outside the US, you do so on your own will and are responsible for compliance with local laws.

Suspend or Cancel Registration:

  1. We may suspend or cancel your registration immediately for non payment of monthly Learnica Services fees. We will inform you of suspension or cancellation via email at the email address you used for registration.

  2. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. We will inform you of suspension or cancellation via email at the email address you used for registration.

  3. The suspension or cancellation of your registration and your right to use Learnica Services shall not affect either party’s statutory rights or liabilities.

Disclaimers and Limitation of Liability:

  1. All content provided on or through the service, including the information, names, images, pictures, logos and icons regarding or relating to Learnica, its products and services (or to third party products and services), is provided "as is" and on an "as available" basis. To the extent permitted by law, Learnica excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a purpose, non-infringement, compatibility, security and accuracy. Learnica does not guarantee the timeliness, completeness or performance of any aspect of the service or any of its content. While we try to ensure that all content provided by Learnica is correct at the time of publication no responsibility is accepted by or on behalf of Learnica for any errors, omissions or inaccurate content on the service.

  2. Nothing in these terms and conditions limits or excludes Learnica's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, neither Learnica nor any of its officers or employees shall be liable for any of the following losses or damages (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity or anticipated savings; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the service regardless of the form of action.

  3. Learnica does not warrant that services available will be uninterrupted or error free, that defects will be corrected, or that the service or systems that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output.  

 

Applicable Law:

  1. These Terms and Conditions will be subject to the laws of the State of California, US. We will attempt to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the arbitration court of Los Angeles, California.

  2. All disputes between you and Learnica related to Learnica Services as per these Terms and Conditions agreement will be resolved by binding arbitration American Arbitration Association will settle any controversy or claim arising out of or relating to this Terms and Conditions agreement. American Arbitration Association will arbitrate any controversy or claim on an individual basis and will not combine with any claim or controversy of any other party. The arbitration will be done in Los Angeles, California, and the decision on the arbitration award may be entered in to any law court.

 

Miscellaneous:

  1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.

  2. 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 to another business where we reasonably believe your rights will not be affected.

  3. If you breach these Terms and Conditions and Learnica chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

  4. Learnica shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

 

Terms and Conditions Revisions:

This Terms and Conditions Statement was last revised on April 1, 2018. We reserve the right to change this Terms and Conditions Statement at any time and for any reason. We encourage you to review these Terms and Conditions regularly including each time you visit the web site. Your continued use of the Learnica Services will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should stop using Learnica Services.

Contact Us:

If you have questions or concerns about our Terms and Conditions, please contact us at info@learnica.com.