The following terms and conditions (“Terms & Conditions” or “Terms” or “T&C's") govern all use of the Learn Me mobile & web platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by Learn Me, with a business address and a mailing address Bryan’s Bay, Port Antonio Portland Jamaica, e-mail [firstname.lastname@example.org], (“Learn Me” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by Learn Me.
A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.
These T&Cs include the following sections:
1.1 Welcome to the Learn Me Platform, the largest online community for the “E-Learning industry” market, created as an informative, educational and knowledge-sharing platform targeted mainly to Junior and High school students with the aim to provide Content and Services to enable Users to:
1.1.1 access an online & mobile platform where Users can stay up to date with past questions and answers;
1.1.2 share/post Content created by the Company(Specifically, scores obtained by users of the system)
1.1.3 Have access to additional paid Services provided by the Platform (collectively, “Additional Services”), which Additional Services may be purchased under separate orders or agreements with the Company (Purchase T&Cs).
1.2 Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as “Content”)
1.2.1 Learn Me Content: The Platform hosts its own Content, including Past questions, obtained from past question books and other items it creates.
General Notes: The Platform’s Content is mainly targeted to Junior and High school students. Some parts of the Platform require a User to register and create a User Account in order to preliminary verify the user’s status. Please note, however, that the Platform is not able (and is under no legal or statutory obligation) to confirm or warrant the status of any User nor of the correctness, accuracy and the truth of any User’s data. The registration process is used only as a basic verification mechanism to potentially discourage non-student Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of the Platform as a professional knowledge sharing community and to promote the goals of the Platform.
Users can be divided into the following categories, depending on the Content they can access and/or contribute, as well as their purchase of Additional Services from the Platform:
2.1 Users: All Users visiting the Platform, can browse the Platform and have access to informative Content. Where the Content posted on the Platform is sponsored by contributors, we will identify that such Content is sponsored. All Users can have access to past questions for a metered period of time.
2.2 Registered Users: Registered Users are Users who register or create a User Account with the Platform and make payment in order to have access to more advanced informative and educational material as well as to be able to contribute Content to the Platform. Registered Users can:
3.1 To register with the Platform and create a User Account, a User may:
3.1.1 register on-site, by filling in certain personal details (name, phone number, exam type, password); a User is then required to confirm registration by logging in using the above created phone number and password.
3.2 Users and User Accounts
3.2.1 User Account: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.
3.2.2 User Profile: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users. However, note that for some actions it might be necessary to make the User Profile visible to other Users and reveal some User Profile data depending on the nature of the Content uploaded by the User (for example data necessary for Content reliability and attribution purposes).
3.3 (a) Where a Registered User is a legal entity, the natural person that opens the User Account on behalf of such Registered User warrants that he/she has the legal capacity and power to (i) act on behalf of and to represent the specific legal entity/Registered User, (ii) proceed with the registration of the User to the Platform and the creation of the User Account and the User Profile, (iii) accept the present Terms and Conditions and all other policy and informative documents in the Platform (including but not limited the warranties, declarations and assignments undertaken from time to time by the Registered Users) and (iv) provide orders (such as indicative purchase orders) and to make payments to the Platform on behalf of and in the name of the registered legal entity. (b) Where a Registered User is a legal entity represented by another legal entity (i.e. a Marketing Agent or other agent—the “Agent”), the Agent acting through the natural person that creates the User Account and the User Profile on behalf of the Registered User-legal entity provides the same warranties and representations as above. The same warranties and representations apply in case an Agent acts on behalf of diverse legal entities and/or professionals through its (the Agent’s) Account.
In both a) and b) above, the legal entity registered as a Registered User and/or Client shall be responsible and liable towards the Company/Platform for all of the above as further provided in article 3.8 below.
3.5 The Platform reserves the right to refuse to open a User Account and/or to refuse any Content submitted by a Registered User, and/or to delete or suspend the User Account and the related User Profile if it comes to the attention of the Platform and/or if it is notified by a third party that the Registered User is not a student and/or the User Account/Profile has fake or false or non-accurate data, at any time. Also, the Platform reserves the right to terminate the User Account as provided in article 9 below.
3.6 Phone number and Password:
3.6.1 Registration on-site: If a User signs up in the Platform, his/her registered phone number shall automatically become the account name; the User can change it any time with another phone number. This practically means that, to change his/her account name to the Platform, the User will also have to change the phone number or use another phone number. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s phone number in order to change the password. The account name and password shall identify uniquely each User in the Platform.
3.6.2 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such Use’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.
3.7 Any act and/or omission through the User Account (including, but not limited to, the provision of information in the User Account, the submission of a take down notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at email@example.com, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. Learn Me will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User referred to in 3.4. above.
3.8 Deletion of a User Account:
3.8.1 If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may e-mail the Platform at firstname.lastname@example.org with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, Learn Me will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article 9 below also apply.
3.8.2 A Registered User acknowledges that by submitting a request to delete the applicable User Account,Learn me will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.
3.8.3 If a User has purchased Additional Services, the deletion of the User Account might not allow the execution or the continuance of some Additional Services, if in order to receive those Services it is necessary to have an active User Account.
3.8.4 Learn Me reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, including but not limited to the provisions of article 9.4 below as well as the applicable overall Purchase T&Cs (in case of Additional Services); all other provisions of the present article 3.9 shall apply respectively.
4.1.1 Access and Solving of Questions:
(a) All Users can access, read and solve questions hosted in the Platform subject however to their User category as laid down in articles 2.1.-2.3. above; these questions are uploaded into the Platform.
(b) Users can generally browse the questions by Subject and year;
(c) Questions remain available to the Platform for as long as the Registered User maintains an active User Account.
4.2 Ability to submit feedback, reviews etc:
4.2.1 All Users may make their concerns and questions known to the Platform
4.2.2 To post comments, a User is not required to have a Registered User Account in the Platform, but must register and open an account with the Platform; It is noted that if a User deletes his/her account any feedback posted in the Platform could be also deleted and no longer be visible on the Platform.
4.2.3 The Company does not (and is under no legal obligation) to review the feedback. Users upload in the Platform via the Feedback Platform. However comments must also follow the rules set in article 5 below and Platform reserves the right to delete a comment if it determines in its discretion that there is a violation, in case it receives a Take down Notice pursuant to article 7 herein, or for any reason it determines.
5.1 Legal nature of the Platform:
5.1.1 In addition to hosting its own Content, the Platform principally acts as an intermediary service provider that: (a) Hosts and stores information and data at the direction of its Users and
5.1.2 With regard to the Services referred to in article 6.1.1 the Platform acts as an intermediary information service provider that hosts information and data at the direction of its Users—the Platform does not solicit User Generated Content. In this context, Platform acts as the automated, technical and neutral host of the Content present in the system.
5.1.3 It is clarified that except for Content it expressly creates, the Platform is not intended to act and should not be regarded as a publisher. To mitigate the possibility of inappropriate content, the Platform has put in place and apply the aforementioned reasonable precautionary measures and undertakes reasonable efforts not to post infringing, unlawful or undesirable Content.
5.2 The Platform does not guarantee and is not responsible or liable for the accuracy, legitimacy, truth, reliability, quality, or adequacy for the intended purpose Content uploaded in the Platform. Each User accesses the Content hosted in the Platform at his /her own exclusive risk, subject to any terms or agreements with the providers of such Content or websites. In any case, Learn me bears no responsibility for Content (both sponsored and free) hosted in the Platform, as well as the activities undertaken by Users through the Platform. Each User shall be fully liable for any content distributed by such User (as laid down in article 5 above).
5.3 The Platform and the Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, Learn Me does not provide and expressly disclaims warranties, conditions or undertakings of any kind in relation to the Services, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by Users from Learn Me or through the Services will create any warranty not expressly stated or incorporated herein. Without limiting the foregoing, Learn me its subsidiaries, its licensors and affiliates, do not warrant that any Content is accurate, true, reliable, correct or complete.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES THROUGH THE PLATFORM IS AT THE USER’S OWN RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
6.1 Learn Me agrees to undertake reasonable efforts and technical measures so that the Services and access to the Platform can take place smoothly and without interruption and that an adequate level of security is maintained. However, Learn Me does not guarantee that the Services and the Platform will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Platform is interrupted or access to the Platform or the User Profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Platform making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if the Platform is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content our sole liability and responsibility will be to repost the Content to the extent technically feasible from our periodic back-ups.
6.2 We reserve the right:
(a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Platform’s functionalities as well as the Platform’s versions or the provided Content and features,
(b) to renew or upgrade or discontinue / stop, partially or in total, all of the Content of the Platform and/or any User Account,
(c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications,
(d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, Learn Me reserves the right at any time, to cancel, suspend or pause or shut down its operation.
6.3 Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive take down notices regarding a User’s repeatedly infringing behavior.
6.4 Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive take down notices regarding a User’s repeatedly infringing behavior.
6.5 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event shall Learn Me, its officers, directors, employees, or agents, be liable to Users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from the Users’ use of the Platform, (ii) any loss or damage due to unauthorized access to or use of our servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from our Platform or interoperability problems, (iv) any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) any errors or omissions in any Content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Platform (viii) any loss or damage resulting from the use, or inability to use, any portion of our website or the Platform or for any loss or damage of any kind in the User data, or (ix) any loss of revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. In any case whatsoever to the extent permitted by applicable law, liability of the Platform is limited to the amount paid by such User in the prior six months. The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Learn Me is advised of the possibility of such damages.
6.1 The Platform reserves and has the right to suspend temporarily or permanently delete, any User Account and Profile or User Generated Content any time at its sole discretion, including when it becomes aware of any breach of law or the present Terms & Conditions by any User or by any third party.
6.2 More specifically, the Platform reserves the right to remove from the Platform any allegedly infringing Content following the submission of a take down notice. Anyone who wants to send to the Platform a claim asking to take down any Content (notice and take down process), as provisioned in the law, should take every reasonable measure to ensure that the grounds for this claim are adequate and concern specific Content uploaded or posted the platform. Notice and take down notices submitted to the Platform must be clear and explicit, specifically indicating the (allegedly) infringing Content to be taken down. The claimant should provide to us adequate data to be able to identify the potential unlawful act or omission, as well as to avoid unjustified, unsubstantiated, untrue and unfair disclosures.
6.3 The Platform will respond to notices of alleged copyright infringement that comply with applicable law. If any person believes that any materials accessible on or from the Platform infringes that person’s copyright, that person may request removal of those materials (or access to them) from the Platform by submitting Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
6.3.1 Include the complaining party’s contact information. The information must be reasonably sufficient for the Platform to contact the complaining party.
6.3.2 Identify the copyrighted or otherwise protected work or works claimed to be infringed.
6.3.3 Identify (a) for material stored by the Platform, the allegedly infringing and/or unlawful material, or (b) for information location tools, the reference or link to the allegedly infringing material or activity. This information must be sufficient to allow the Company to locate the material, reference, or link.
6.3.4 Include a physical or electronic signature of a person authorized to act on the rightsholder’s behalf.
6.3.5 Include a statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent, or law.
6.3.6 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder. A take down notice that does not substantially comply with the above requirements generally does not require the Platform to take down the allegedly infringing material.
6.3.7 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder. A take down notice that does not substantially comply with the above requirements generally does not require the Platform to take down the allegedly infringing material.
18.104.22.168 The counter-claimant’s name, address, telephone number, and physical or electronic signature.
22.214.171.124 Identification of the material that was taken down
6.4.0 The counter-claimant’s statement, under penalty of perjury, of its good faith belief that the material was taken down due to a mistake or misidentification.
6.4.1 For the purposes of the notice & take down process described above, the Platform has designated, as an agent for the receipt of notifications of claimed infringements, with contact information email@example.com
6.4.2 If any damage occurs to the Platform because of the Platform’s actions further to a notice submitted by a claimant, that claimant assumes all responsibility for covering the damage and any related expenses of the Company. We shall disregard any claim that does not fulfill the above prerequisites. Any claimant and/or counter-claimant that knowingly makes a material misrepresentation that Content is infringing and, following such misrepresentation, Learn Me takes down any Content, shall be fully liable towards Learn Me for any damage caused as a result to such misrepresentations.
6.4.3 In any case and notwithstanding the above, if any breach of the present Terms & Conditions comes to the attention of the Platform (following any automated control or complaint as per the above) may at its discretion (depending to the severity of each case) (a) give notice to the User and request to refrain from any such violation, and/or (b) block a User from the Platform (temporarily or permanently) and withdraw the relevant credentials, and/or (c) delete the User Account (see also article 9 below).
6.4.4 Notwithstanding the above, we shall proceed to suspension or termination of any Content further to a Court or a Competent Authority order.
6.4.5 earn Me shall in no manner be liable towards the Users and/or any third party for taking down Content, pursuant to the above process, and each User acknowledges that Learn Me is in no position and has no obligation to examine the accuracy of any notice and take down request and/or counter-notice submitted by any User, Client and/or any third party.
6.4.6 Report to the competent Authorities: The Platform further reserves its right to report any breach coming to its attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of Jamaica. Also, Learn Me could provide any information requested by any competent authority (including personal or business data) with regard to the Users and the User Account in the Platform, with or without prior notice to such Users, subject to the applicable laws of Jamaica.
7.1 Learn Me Intellectual Property rights
7.1.1 The Platform and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Learn Me or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the COMPANY Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the Platform, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
7.1.2 The Learn Me logo and name and all other product or service names or slogans of Learn Me displayed on the Platform are trademarks of Learn Me and may not be copied, imitated or used, in whole or in part, without the prior written permission of Learn Me. In addition, the look and feel of the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission of Learn Me. All other trademarks, including registered trademarks, product names and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Learn Me.
7.1.3 As soon as anyone becomes a User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the Content for illegal purposes and/or for exploitation. Users may not sub license the use of, or the access to the Platform and the services to any third party with or without remuneration. The present license shall be automatically terminated when the relationship with the Platform is terminated for any reason, as provisioned in article 9.
7.1.4 Providing access and allowing the use of the features, tools and Services provided by the Platform does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
8.1 A Registered User may at any time decide to delete such User’s User Account and Profile by e-mailing us at firstname.lastname@example.org with a request to delete the User Account and Profile. In this case article 3.8 shall apply. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users (as per article 2.2).
8.2 The Platform may terminate a User’s access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
8.3 The Platform reserves without limitation the right to suspend and/or delete any User Account and terminate the Platform’s relationship with any registered User for due cause, including (indicatively but not exclusively) the following:
8.3.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
8.3.2 provision of false/inaccurate information in the User Account;
8.3.3 violation of any right of a third person that has come to our attention;
8.3.4 following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;
8.3.5 following the request of any Authority and/or Court decision and/or relevant competent Body;
8.3.6 any other or omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its trade name and IPRs, its technical specifications, its software etc.);
8.3.7 repeatedly infringing and unlawful conduct on behalf of any User;
8.3.8 as a result of the notice and take down process described in article 7 above.
8.3.9 In any case whatsoever the provisions of article 3.9 above apply also respectively.
As a result of the provision of the Platform services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless Learn Me, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform, including but not limited to the violation of the Terms & Conditions.
These terms are considered as terms between business (B2B) and are governed by and construed according to the laws of Jamaica. Both parties agree that they are subject to the exclusive jurisdiction of the courts of Jamaica.
At our sole discretion, we may require you to submit any disputes arising from the use of the Platform or any violation of these T&C’s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Jamaican law.
13.2 If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
13.3 The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
13.4 Users may not assign any of their rights under the present Terms & Conditions to any third party. Learn Me reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
13.5 Learn Me reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. Learn Me may also, in the future offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.