You should print a copy of these Terms for future reference.
- These Terms apply to LearningCurve, the Documents and any Services (including any updates or supplements to LearningCurve, unless they come with separate terms, in which case those terms shall apply to such updates or supplements).
- We may make commercially reasonable changes to these Terms (in whole or in part) at any time. We will notify you of any such changes by any reasonable means, including by making the revised Terms available through LearningCurve. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of LearningCurve after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. In any event, any revisions to these Terms shall not apply to any dispute between you and us that arises prior to the date on which we made available the revised Terms containing such revisions.
- From time to time, updates to LearningCurve may be available. Depending on the update, you may not be able to use LearningCurve or any Services until you have installed the latest version of LearningCurve. Your access to or use of the updated App will signify your acceptance of any revised Terms relating to the updated App that are notified to you in accordance with Section 1.2 above.
- You confirm that you either own the applicable Device or you have obtained permission to install and use LearningCurve and the Services on such Device from the owner of such Device. You accept responsibility for any use of LearningCurve or any Services on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
- You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are accessing or using LearningCurve or any Services in your capacity as such a representative, then you hereby agree to these Terms on behalf of yourself and such entity and all references to “you” in these Terms will refer to both you and to such entity and you represent that you have the legal authority to bind such entity to these Terms.
- By using LearningCurve and any Services, you consent to us collecting and using technical information about a Device (and any related software, hardware and peripherals for services that are internet-based or wireless) to improve our products and to provide services to you.
Except as expressly set out in these Terms or otherwise permitted by applicable law, you agree:
- To use LearningCurve and Services solely for the purpose stipulated above. Any other purpose is prohibited;
- Not to copy LearningCurve or Documents, except where such copying is incidental to the normal use of LearningCurve for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
- Not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify LearningCurve or Documents;
- That you have all rights necessary in relation to any information, content or materials such as text, graphics, images, photographs or other materials that you submit, post or transmit using LearningCurve or any Services (“Information”) and that all such Information complies with all applicable laws and regulations;
- That all Information is true, accurate and complete and that you will maintain and update such Information as needed to ensure that such Information remains true, accurate and complete;
- That you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions from all students and/or their parents or guardians (as applicable) and any other third party to the extent that you submit, post, transmit or otherwise process their personal data using LearningCurve;
- Not to make alterations to, or modifications of, the whole or any part of LearningCurve, or permit LearningCurve or any part of it to be combined with, or become incorporated in, any other programs;
- Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of LearningCurve or attempt to do any such thing except to the extent such activities are permitted under applicable law;
- To keep all copies of LearningCurve secure and to maintain accurate and up-to-date records of the number and locations of all copies of LearningCurve;
- Not to remove any copyright, trade mark or other proprietary rights notices from LearningCurve or Documents, and to include our copyright notice on any copies you make of LearningCurve on any medium;
- With respect to any open-source software contained in LearningCurve, to comply with any applicable open-source licence terms as notified by us to you from time to time.
- Not to sell, resell, link to, exploit, provide or otherwise make available LearningCurve in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- To comply with all technology control or export laws and regulations that apply to the technology used or supported by LearningCurve (“Technology”), (Together, the “Licence Restrictions”).
Acceptable use restrictions
- Not to use LearningCurve or any Device in connection with LearningCurve in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into LearningCurve, any Service or any operating system;
- Not to use LearningCurve to record, post or transmit any Information that is protected by copyright, trade mark, confidentiality or any other proprietary right without the consent of the owner;
- Not to use LearningCurve to record, post or transmit any Information that is defamatory, threatening, abusive, offensive, obscene, indecent, pornographic, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or is otherwise objectionable;
- Not to use LearningCurve in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using LearningCurve (including by hacking or defacing LearningCurve);
- Not to create a database by downloading and storing any content made available via LearningCurve, the Documents or any Services;and
- Not to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather LearningCurve or Document content or reproduce or circumvent the navigational structure or presentation of LearningCurve without our prior written consent.
User names and passwords
- You may be required to register in order to access certain services (including any Services) or areas of LearningCurve, such as the premium services. With respect to any such registration, you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of another person; that is offensive or that we reject for any other valid reason in our discretion. You are responsible for maintaining the confidentiality of any password you use to access LearningCurve and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to LearningCurve to any third party. You agree to notify us of any unauthorised use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of LearningCurve and any Services that occur in connection with your user name, except to the extent that any unauthorised use is not caused by any breach of your obligations under these Terms.
- In addition, you should ensure that your Device is protected by a suitable PIN number or password so that if lost or stolen any Information cannot be used or accessed.
Intellectual property rights
- You acknowledge that all intellectual property rights in LearningCurve and/or the Documents anywhere in the world belong to us or our licensors, that rights in LearningCurve and the Documents are licensed (not sold) to you, and that you have no rights in, or to, LearningCurve or the Documents other than the right to use each of them in accordance with these Terms.
- All trade names, trade marks and service marks on LearningCurve and the Documents are owned by us or our licensors. You may not use our trade names, trade marks or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained herein or on LearningCurve or Documents should be construed as granting any license or right to use any trade names, trade marks or service marks without express prior written consent of the owner.
- You acknowledge that you have no right to have access to LearningCurve in source-code form.
Warranty and support
- SUBJECT TO SECTION 10.4, LearningCurve, THE DOCUMENTS, ALL SERVICES AND ANY INFORMATION AND MATERIALS MADE AVAILABLE IN CONNECTION THEREWITH (“APP MATERIALS”) IS PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY RELIANCE ON OR USE OF LearningCurve MATERIALS SHALL BE AT YOUR SOLE RISK. SUBJECT TO SECTION 7.3, NEITHER WE NOR APPLE SHALL HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO LearningCurve MATERIALS.
- We attempt to ensure that information provided on or in connection with LearningCurve is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on LearningCurve. Such information is also subject to change at any time without notice. The inclusion of any products or services on this App at a particular time does not imply or warrant that these products or services will be available at any time.
- We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue LearningCurve without notice for valid commercial reasons without liability to you.
- In addition, you acknowledge that LearningCurve is provided over the Internet and mobile networks and so the quality and availability of LearningCurve may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using LearningCurve. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use LearningCurve or any Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of LearningCurve.
Charges for premium services
- Except to the extent applicable law provides otherwise, all Transactions are final and all charges from Transactions are non-refundable. We or our third party designees may automatically process charges against your selected payment method.
- To the extent that you purchase premium services from us, such services shall be provided for the contracted period chosen by the user (“service period”). If on the expiry of the applicable service period, you do not renew such premium services, we will only retain your user data stored using the premium services for a period of 1 month commencing on the expiry of the applicable service period (“grace period”). If you renew your subscription within the grace period, you will have access to your stored data. If you renew after the end of the grace period your stored data may be lost.
Limitation of liability
- You acknowledge that LearningCurve has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of LearningCurve meet your requirements.
To the extent permitted by applicable law, you acknowledge that we have no liability to you for any loss of profit, loss of business, loss of revenue, loss of data, business interruption, or loss of business opportunity arising from your use of LearningCurve. In addition, you acknowledge that we shall not be liable to you for any indirect or consequential loss or any exemplary, special or punitive damages.
Subject to Section 10.4, to the extent permitted by applicable law, our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to the the total charges paid by you in connection with the LearningCurve.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury resulting from our negligence;
- Fraud or fraudulent misrepresentation; and
- Any other liability that cannot be excluded or limited by applicable law.
You agree to compensate us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of LearningCurve or any Services in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of LearningCurve and/or Services and you agree to assist and co-operate with us in relation to any such claim.
- We may terminate your use of LearningCurve immediately by written notice to you in accordance with Section 13.2 if we reasonably believe that you have breached these Terms.
On termination for any reason:
- All rights granted to you under these Terms shall cease;
- You must immediately cease all activities authorised by these Terms, including your use of LearningCurve and Services;
- On our request, you must immediately delete or remove LearningCurve from all Devices, and immediately destroy all copies of LearningCurve and Documents then in your possession, custody or control and certify to us that you have done so; and
- We may remotely access all Devices and remove LearningCurve from all of them and cease providing you with access to the Services.
- You acknowledge that on termination no fees paid by you for use of LearningCurve or any Services shall be refundable to you by us.
Communication between us
- If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please write to us at: ITWorx Egypt, Nasr City – Free Zone, Area 7B, Block J, Cairo, Egypt or email us at: firstname.lastname@example.org
- You acknowledge that we may send communications to you via the most current email we have on file for you or through LearningCurve. Such communications may include marketing material, technical and support information, and information on updates or changes. By using LearningCurve, you agree to us providing you with such communications.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
Claims of copyright infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through LearningCurve infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be in writing and sent to:
ITWorx c/o Morrison & Foerster LLP, CityPoint, One Ropemaker Street, London, EC2Y 9AW, United Kingdom.
We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise ( http://kids.getnetwise.org) and OnGuard Online ( http://onguardonline.gov). Note that we do not endorse, support or approve any of the products or services listed at such sites.
Notice for california residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding LearningCurve, please contact us by writing to us at the address set forth in Section 13.1 or by facsimile to +20 2 2673 6188 or by calling us at +20 2 2673 6703. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Law and jurisdiction
To the extent permitted by applicable law, these Terms, their subject matter and formation, are governed by English law and you consent to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
Other important terms
- We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or your obligations under these Terms.
- You may only transfer your rights or obligations under these Terms to another person if we agree in advance in writing.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms constitute the entire agreement between us with respect to your use of LearningCurve and any Services and any other subject matter of these Terms. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
- Except to the extent specified in Section 15 or otherwise permitted by applicable law, a person who is not party to these Terms may not enforce these Terms.
- No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
- All provisions of these Terms which by their nature should survive termination shall survive termination.