LEARNWP
TERMS OF SERVICE
Acceptance of these Terms is a Condition of Your Participation in and Use of LearnWP Services and Programs.
In consideration of your use of or participation in LearnWP Services, whether free or fee-based, you agree to be bound by these Terms of Service.
Please read these Terms of Service (the “Terms”) carefully before you create an account or use or participate in any LearnWP Services.
“LearnWP Services” means the website located at learnwp.ca and offerings described there from time to time, your learnwp.ca account, and any associated software, applications, services, programs, training, courses, events, data or content made available for free or for a fee by LearnWP and services used in connection to them, including any related platform, directory or cloud-based tools or other technology to enable you to view, use or participate in them. LearnWP Services includes all public or private courses, workshops, programs and their content, including corporate and enterprise programs, delivered via any medium (including Online Live, in person, Cloud, the LearnWP Learning Portal, or Internet) originating from or provided by LearnWP or on its behalf, whether free or fee-based.
This is a Binding Agreement. These Terms are a binding agreement between you and LearnWP and its affiliates and subsidiaries (“LearnWP,” “we,” “us”). “You” and “users” shall mean any participant in or user of LearnWP Services. You confirm your acceptance of these Terms each time you access or use any LearnWP Services. If you do not accept these Terms, You are not lawfully permitted or authorized to use or participate in LearnWP Services and You must not use them. These Terms and the LearnWP entity providing LearnWP Services to You may vary based on the LearnWP Services You use, your region or other factors and such details will be provided to you as applicable. To the extent there are any additional contractual documents or terms entered into by You in respect of LearnWP Services, these Terms shall form an integral part of such additional terms and these Terms are incorporated by reference into them.
Revisions to Terms. We reserve the right, in our sole discretion, to revise the Terms at any time, in whole or in part, by posting an updated version. Changes to the Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms. Your continued use of LearnWP Services or any part thereof after any changes to the Terms are posted constitutes your acknowledgement and binding acceptance of the Terms and revisions or updates. If you object to any changes to the Terms your sole recourse will be to stop using LearnWP Services.
Persons Under 18 Years of Age May Not Use LearnWP Services. If you are under 18 years of age you may not use LearnWP Services. By using this site and LearnWP Services you represent and warrant that you are 18 years of age or over. No LearnWP Services are directed at persons under the age of 18.
Privacy. The Terms include LearnWP’s Privacy Policy, which is incorporated by reference into the Terms. Information you provide us will be treated in accordance with the Privacy Policy.
Application of The Terms to Users, Corporate Clients, and Educators. These Terms apply to (i) individual users of LearnWP Services; (ii) corporate and enterprise clients of LearnWP and their individual participants and (iii) course educators including instructors, and teaching assistants who use or access any part of the LearnWP Services as part of providing services as an educator. If You are a corporate or enterprise client you agree to assume responsibility for and all risks of compliance with the Terms by your authorized and permitted individual participants. You agree that if you create an account and/or use LearnWP Services on behalf of a business entity such as a corporation You have the necessary legal authority and capacity to do so as an authorized agent of the business entity or corporation and you represent that You have the authority to bind the business entity or corporation in legal agreements and contracts including these Terms.
You Agree to Pay for LearnWP Services you Purchase. You agree to pay for all LearnWP Services that you purchase. You agree and authorize LearnWP to charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments, which may include recurring payments. Only payment methods accepted by our third-party payment processor can be used to purchase LearnWP Services
Fees, Payments, Refunds. Fees, tuition, payment terms, financing options, and currency may vary by LearnWP Services and may be revised or updated from time to time. Additional or different terms may apply in which case they will be communicated to you are part of the registration or enrolment process. Generally, all fees and payments are non-refundable except as agreed in writing. Fees and payments are subject to any applicable sales, value-added, or other taxes. If you have provided LearnWP with a payment method, you irrevocably authorize LearnWP to process payments at any time using that payment method in accordance with your fee and payment obligations. Charges will occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Disputed fees or charges must be disputed in writing within thirty days of the charge failing which your right to dispute such fee or charge is waived and such fee or charge will be final and not subject to dispute or challenge.
LearnWP Accounts, Passwords, Security. If you create an account with LearnWP, you are responsible for the security and confidentiality of your password and log in credentials and for keeping information contained in your account accurate and up to date, including payment methods. You are responsible for any activity that results from use of your password or log in credentials. You represent and warrant that all information provided by You to LearnWP will be true, accurate, current and you will keep this information up to date and accurate at all times. You will notify us immediately if you have any concern or belief that the security of your password or log-in credentials has been compromised or that there has been unauthorized access to your account. You agree and waive any claim against LearnWP for any loss or damage related to unauthorized access to your account or unauthorized use of your password or log in credentials.
Discounts and Refunds. Any discount or promotional benefit offered by LearnWP have no cash value, cannot be traded or exchanged with any other party, are for personal use only, are provided on a gratuitous and discretionary basis only and can be withdrawn or varied at any time prior to use by LearnWP in its sole discretion. Any scholarships, discounts and promotions for LearnWP Services cannot be combined. In the event that multiple discounts or promotions are valid, the discount or promotion with the greatest value will apply. All fees and charges are non-refundable except as agreed otherwise based on specific LearnWP Services. Full-time in-person programs or other LearnWP Services may be subject to different refund policies which will be communicated to You as part of the registration and enrolment process for such programs.
Information, Data, and Content Given to Educators. Your course educators may ask for information, such as your e-mail address to help facilitate delivery of LearnWP Services. Educators should only use this information to communicate with you about LearnWP Services in a professional and responsible way. You agree that we are not responsible for any use of this information by an educator for any other purpose and You will report any improper use of this information by your educator such as course submissions, feedback, ideas, or content you create can be used by LearnWP in its sole discretion in order to promote or improve LearnWP Services or any other purpose and you grant us a free, perpetual, worldwide unlimited license to use that content for any purpose without attribution or compensation to you.
Ownership and Use of LearnWP Services and Content. LearnWP or its suppliers own all content, information and data that we create or make available to you as part of LearnWP Services. LearnWP Services and LearnWP Content include content such as the following: curriculum, work sheets, tests, project descriptions, slide decks and presentations, challenges, the content of our marketing materials and websites, templates, teaching materials, images, design and branding features, text, video, images, logos, templates software and software code, data, audio and video files and other such content in digital and other formats, which is made available on our website, in the LearnWP Learning Portal, in our course materials, and on the Internet and is collectively referred to as “LearnWP Content”. All LearnWP Content is in its components and as a compilation the exclusive property of LearnWP and is protected under applicable copyright, trade-mark and other laws.
You Are Granted a Very Limited License to Use LearnWP Services and LearnWP Content For Personal Use Only. If You are a User of our website, You have a LearnWP account, or You are enrolled and registered in LearnWP Services and have paid any corresponding fees, You are authorized to access and use LearnWP Services and LearnWP Content only in association with buying or using LearnWP Services and subject to these Terms. This right is personal to You and not transferable. Any and all other uses are unlawful and prohibited. This license may be withdrawn or revoked at any time for any reason or no reason. Unauthorized use of the LearnWP Content is a violation of these Terms and copyright, trademark and other laws. You must maintain all copyright, trademarks, service marks, or other proprietary notices contained in or on LearnWP Content provided to You under this limited license. Apart from revoking your access to LearnWP Services, we reserve all rights in all jurisdictions to prosecute you and/or claim damages and injunctive and any other relief available at law in the event of violation of LearnWP’s intellectual property rights under these Terms.
LearnWP Content cannot be copied, reproduced, hosted, conveyed, communicated, republished, uploaded, posted, transmitted, or distributed in any way by You without written permission of LearnWP or the applicable licensor or supplier. If LearnWP Content is made available to You to copy or download, such as part of course materials, You are authorized to download a single copy of that material for Your personal use only in association with the applicable LearnWP Services. LearnWP Content that is not made available for download may not be downloaded or copied by You without prior written permission. Modification, distribution or use of LearnWP Content for any other purpose, including any commercial purpose is not authorized and is a violation of the copyright and other proprietary rights of LearnWP or its licensors. For example, You are prohibited from sharing all or part of LearnWP curriculum, course or program material on social media, the Internet, YouTube or other Internet-based sites and services.
LearnWP’s Use of Your User Content and Student or Participant Work. By creating, posting, or sharing your user content, including student work, on or as part of the applicable LearnWP Service, You grant LearnWP a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your user content and Student Work for any purpose without compensation to You, including for the purpose of promoting LearnWP. You waive any rights You may have regarding Your user content and student work being altered or manipulated in any way that may be objectionable to You. We reserve the right to refuse to accept, post, display, or transmit any user content in our sole discretion. The foregoing is subject to any applicable privacy laws, regulations, and policies. “Student Work” is any work in any format You have submitted or completed as part of participating in or completing LearnWP Services.
If You are an educator, instructor, or teaching assistant the license granted above is also applicable to any content you create for the purpose of your course (such as course materials, slides, examples, challenges, charts, diagrams, work-sheets, templates, and so on) that you post or use in association with providing your services as an educator.
You Acquire No Ownership of LearnWP or Other Party’s Content. You understand and agree that you will not obtain, through use of LearnWP Services, any right, title, or interest (including intellectual property rights) in content including LearnWP Content. LearnWP Services contain content from users and other LearnWP licensors. Except as provided within these Terms, you may not copy, modify, communicate, host, post, translate, publish, broadcast, transmit, distribute, perform, re-use, display, trade, or sell any content appearing on or through the LearnWP Services including LearnWP Content. Your rights in LearnWP Content are limited to the personal, non-transferable right to use LearnWP Content for the limited purpose of participating in the LearnWP Services you have purchased or registered in. No have no other rights to use LearnWP Content for any other purpose.
You Represent You Have Rights to the Content You Post. You represent and warrant to LearnWP that: (i) you own or are authorized to use any content posted by you on or through LearnWP Services; (ii) the posting and use of Your User Content on or through LearnWP Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on LearnWP Services does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the LearnWP Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Electronic Communications. You consent to LearnWP communicating with you by e-mail or web or Internet posting and you consent to receiving e-mails and other electronic communications from LearnWP to communicate with you about LearnWP Services. By using LearnWP Services or providing any personal information to LearnWP, You agree and consent that LearnWP may communicate with you electronically regarding your use of LearnWP Services including promoting or making you aware of LearnWP offerings, new services and products. To withdraw your consent to receiving electronic communications from LearnWP you may e-mail mailto:info@learnwp.ca.
Privacy, Call Recording. LearnWP may collect information about you as part of the sales, marketing, and customer relationship process. LearnWP may record telephone calls with you for sales, marketing and customer relationship purposes as well as quality control, training, supervision, and improving our products, services and business processes. By entering into this Agreement, communicating with LearnWP and/or providing such information to LearnWP, You confirm your consent to the collection and use by LearnWP of this information for such purposes.
Suggestions, Feedback and Submissions. We appreciate your comments, feedback and input. However, if you send us ideas or content, we can use it without compensating you and by submitting such content you grant us the unrestricted right to use such content for any purpose or use, including commercial uses, without compensation to you.
User Content Disclaimers, Limitations, and Prohibitions. You are responsible for your actions when using and relying on LearnWP Services or LearnWP Content.
LearnWP does not represent or guarantee the truthfulness, accuracy, availability or reliability of content, posted by users or LearnWP Content. You accept that any reliance on such material is at your own risk. By using LearnWP Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for your User Content on LearnWP Services. LearnWP does not endorse any, nor is it responsible for, User Content on the LearnWP Services. You assume all risks associated with your user content, including any party’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your user content contains material that is false, intentionally misleading, or defamatory, violates third-party rights, or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the LearnWP Services and Content only for their intended purpose. You must use the LearnWP Services and Content in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of LearnWP Services and Content are prohibited, and You shall not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the LearnWP Services, user accounts, or the technology and equipment supporting the LearnWP Services, or LearnWP Content;
- frame or link to the LearnWP Services or LearnWP Content without advance written permission;
- use data mining, robots, or other data gathering devices on or through LearnWP Services;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, trade or assign any of your rights to use LearnWP Services or Content to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use LearnWP Services after your account or access has been terminated, without our consent;
- use LearnWP Services in an illegal way or to commit an illegal act in relation to any part or that otherwise results in fines, penalties, and other liability to LearnWP or others or interferes with the proper use and enjoyment of LearnWP Services or Content;
- behave in any manner that violates LearnWP Community Guidelines or is illegal, disruptive, or interferes with the use and enjoyment of LearnWP Services by any other party or affects the security or well-being of any other user, IT system, data, or facilities; or
- For any other purposes or in any manner that would reasonably be considered unlawful, improper, or wrong.
Your Right to Use LearnWP Services and Content is Personal and Limited. Without limiting anything in this Agreement, except as provided within these Terms, you may not copy, modify, communicate, host, post, translate, publish, broadcast, transmit, distribute, perform, re-use, display, trade, or sell any content appearing on or through the LearnWP Services including LearnWP Content. Your rights in LearnWP Content are limited to the personal, non-transferable right for the registered account holder to use LearnWP Content for the limited purpose of participating in the LearnWP Services you have purchased or registered in. You have no other rights to use LearnWP Content for any other purpose and all other uses are prohibited and not authorized.
Breach or Violation of These Terms will Result Legal Action and Suspension of your use of LearnWP Services or Content. We reserve the right in our sole discretion to suspend or terminate your account and access to LearnWP Services and facilities for any reason, at any time. We reserve the right to refuse to provide LearnWP Services to you in the future for any lawful reason.
LearnWP may review and remove any user content at any time for any reason, including activity which, in its sole judgment: violates these Terms, does or might violate any applicable laws, rules, standards, or regulations, is abusive, disruptive, offensive or illegal, does or might violate the rights of, or harm or threaten the safety of anyone. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the LearnWP Services and will indemnify us and any affected user for any losses or damages incurred, including reasonable attorney’s fees.
LearnWP’s Liability is Limited. We Can Change or Cancel LearnWP Services At Any Time. We are not liable for the actions of our users when they use LearnWP Services. If we change or cancel LearnWP Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using LearnWP Services or Content or other websites. We may change, cancel, suspend, or discontinue any aspect of LearnWP Services at any time, including hours of operation or availability of LearnWP Services or any feature, without notice or liability.
LearnWP Content Accuracy and Reliability, Third Party Web Sites. We make no representations about accuracy, reliability, completeness, or timeliness of LearnWP Services or Content. We make no representations about the accuracy, reliability, completeness, or timeliness of any service or data from any third-party service provider or the quality or nature of third-party products or services that may be obtained, accessed or recommended through LearnWP Services. Use LearnWP Services at your own risk. LearnWP Services may include links to third party websites, services and applications and you are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim any liability of specific results or benefits from the use of LearnWP Services.
Released Parties Defined. “Released Parties” include LearnWP and its owners and affiliates and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors.
LEARNWP DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF LEARNWP SERVICES IS AT YOUR SOLE RISK, AND LEARNWP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH LEARNWP SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) LEARNWP SERVICES WILL MEET YOUR REQUIREMENTS, (II) LEARNWP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEARNWP SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH LEARNWP SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN LEARNWP SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LEARNWP SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION. LearnWP and its owners and affiliates, and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors are not liable for anything that happens to you that may be connected to your use of LearnWP Services. You may be responsible for our legal fees and costs arising out of your use of LearnWP Services or any breach by You of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE LEARNWP SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEARNWP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE LEARNWP SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF LEARNWP SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON LEARNWP SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO LEARNWP SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, LEARNWP AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF LEARNWP SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED GREATER OF $100 OR THE VALUE OF SERVICES ACTUALLY PAID FOR BY YOU RELATING TO THE CLAIM.
You agree to defend, indemnify, and hold harmless the LearnWP and its owners, officers, directors, affiliates, suppliers and licensors from and against any claims, actions, or demands from You or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of LearnWP Services, (ii) your use of or reliance on any third party or LearnWP Content, or (iii) your breach of these Terms.
Publicity. You consent to the use of your name, image, and likeness by LearnWP for marketing and promotional purposes associated with LearnWP Services in any format without any compensation or consideration. If you are an enterprise or corporate client of LearnWP, this shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless we are notified otherwise in writing in advance of your use of LearnWP Services.
General. These Terms and any additional written agreements or terms agreed between LearnWP and You regarding your purchase and use of LearnWP Services constitutes the entire agreement between you and LearnWP concerning your use of LearnWP Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. “LearnWP” as used in these Terms means any or all of LearnWP Inc. and its affiliates as referred to in these terms as may be applicable to You and your purchase or use of or participation in LearnWP Services.
Applicable Law, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws. These Terms and the legal and contractual relationship between you and LearnWP shall be exclusively governed by the laws of the Province of Ontario and the Federal and Provincial Courts sitting at Toronto, Ontario. You waive the right to any trial by jury in respect of any matters relating to this Agreement and You waive and forever surrender your right to participate in any class action lawsuit in any jurisdiction for any matter or claim relating to or arising from this Agreement or your use of the LearnWP Services. LearnWP may, upon written notice to you and in LearnWP’s sole discretion, elect to have any dispute arising from the Terms or your relationship with LearnWP resolved by mandatory individual private arbitration under the Arbitrations Act of Ontario, with the place of such arbitration to be at Toronto. These Terms or portions may vary based on local policies, regulations or laws.
