LearnDeck Terms Of Service
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, AND REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES.
YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
You are responsible for your acts and omissions. LearnDeck is only a platform to connect Students and Trainers if you have any dispute with other users, you release LearnDeck (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The information provided in LearnDeck, regarding trainers, course creators, review sheets, universities, etc. has been compiled from data provided to us for public use, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate.
There may also be times when the LearnDeck service becomes inaccessible as a result of technical difficulties experienced by LearnDeck or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
Eligibility and conduct
If you are a minor i.e. under the age of 18 years you can use LearnDeck or Services only in conjunction with and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you are the parent or legal guardian of a child under the age of 18, you may use LearnDeck or Services on behalf of such minor child. By using LearnDeck or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such a child. If you do not qualify under these terms, do not use LearnDeck or Services. Membership in the Services is void where prohibited by applicable law, and the right to access LearnDeck is revoked in such jurisdictions. By using LearnDeck and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the registration data and any information you provide to LearnDeck, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
In providing feedback, please give clear, honest information about the service, trainers, course creators, and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Trainer may use to identify you as an individual, but please do include all relevant information concisely to help us provide you with a helpful response.
Fees & Refunds
LearnDeck may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of LearnDeck. LearnDeck charges Trainers, Educators, and Course creators’ fees to access certain features and functionalities of the Platform. In turn, trainers may charge students or users certain fees for access to their respective courses, and depend on how Instructors choose to process payment of those fees, a transaction fee, may be charged.
As an Instructor, School, or corporate organization; if you set up a recurring payment plan, such payment plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email.
If you provide credit or debit card information to pay for the fees you owe LearnDeck, you represent and warrant that you are authorized to supply such information and authorizes LearnDeck to charge that payment method regularly to pay the fees as they come due.
A valid debit card is required for paying accounts. Trial accounts are not required to provide a debit card number.
The Service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service or upgrade/downgrade refunds. Regarding annual subscriptions, cancellation is allowed only within the first 3 months of the subscription with the respective refund being the paid amount of the residual unused months of the annual subscription, discounted by a cancellation fee of 10% to compensate for our payment providers’ fees and administration overhead. To treat everyone equally, no exceptions will be made.
For any upgrade or downgrade in plan level, the debit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. LearnDeck does not accept any liability for such loss.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
LearnDeck does not pre-screen Content, but LearnDeck and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes LearnDeck’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to LearnDeck or any third party
In case you use through our service any optional third-party service, such as YouTube, you explicitly agree to be bound by the respective Terms of Service (for YouTube). Regarding YouTube API Services, in particular, Our Service does not share any Personally Identifiable Information with YouTube and does not store, access, or collect (or allows third parties to do so) information directly or indirectly on or from users’ devices, including by placing, accessing or recognizing cookies or similar technology on users’ devices or browsers.
LearnDeck reserves all of its rights to remove anything objectionable to LearnDeck in its sole discretion. Alleged improprieties by any User may be reported to LearnDeck by email at firstname.lastname@example.org
Notice of Claimed Infringement
If you believe in good faith that any content on our platform has been used in a manner that infringes a copyright that you own or control, you may send timely notice of claimed infringement containing the following information:
a) A physical or electronic signature of the copyright owner, or the person authorized to act on its behalf;
b) A description of the copyrighted work that you claim has been infringed upon;
c) A description of where the material that you claim is infringing is located on our Platform, the easiest way being by providing us with the URL(s) leading directly to the allegedly infringing content;
d) Your mailing address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) An affidavit that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If we remove your content in response to a notice of a claimed infringement, we will notify you and offer to provide you with a copy of such notice. If you believe your content was wrongly removed due to a mistake or misidentification of the content, you may submit a timely counter-notification that includes the following information:
Your physical or electronic signature;
a. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
b. An affidavit that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and
c. Your name, mailing address, telephone number, and email address.
When a counter-notification is received, LearnDeck will promptly forward it to the reporting party. If the reporting party fails to notify LearnDeck within twelve (12) business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, LearnDeck will consider, in our sole discretion, restoring eligible content to the Platform.
9Our policy is to remove any content posted to the Platform by any trainer, student, or user for whom LearnDeck has received more than two takedown requests. LearnDeck has discretion, however, to terminate any account and/or access to the Platform or services after receipt of a single notification of claimed infringement.
You acknowledge and agree that LearnDeck’s services are provided to facilitate education and not for any illegal purposes. Using LearnDeck’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution, or workplace. You agree not to use LearnDeck to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users of LearnDeck; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt LearnDeck or services or networks connected to LearnDeck, or disobey any requirements, procedures, policies, or regulations of networks connected to LearnDeck. You agree not to use LearnDeck or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, and obscene, profane, racially offensive, or otherwise objectionable, as determined by LearnDeck in its sole discretion.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of LearnDeck, use of LearnDeck, or access to LearnDeck; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated devices) to access LearnDeck or monitor or copy our Web pages or the content contained thereon; (iv) deep-link to LearnDeck for any purpose; or (d) frame LearnDeck, place pop-up windows over its pages, or otherwise affect the display of its pages
Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes LearnDeck’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit, which we will remove and report to law enforcement d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to LearnDeck or any third party
Confidentiality of LearnDeck information
You hereby also acknowledge and agree that We process data related to Your employees or representatives that is collected and used by Us, as well as connection data created through the use and operation of the Services, to administer or manage Our delivery of Services, or Your account, for Our business purposes, such data may include Personal Data and information about the contractual commitments between Us and You, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of Services, including billing and collecting of payments.
You hereby acknowledge and agree that we also process Personal Data that we collect, when you submit a request for support services or other troubleshooting, including information about the Service, Your Portal, and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files.
We process such Personal Data to respond to the request and solve the problem eventually reported.
We shall process the aforementioned Personal Data for Our business purposes for as long as it is necessary for relation to the purposes stated above, namely for the duration of Agreement and until collection of the payments unless the processing is necessary for compliance with a legal obligation by mandatory statutory law or the establishment, exercise or defense of legal claims.
You hereby acknowledge and agree that we shall process Your name and email address to communicate with You for the presentation and promotion of the Services or of new services. You may at any time, free of charge, unsubscribe from such electronic communication, easily by clicking the button “unsubscribe” contained in the electronic communication.
You agree not to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from LearnDeck.
Advertisements and promotions
LearnDeck may run advertisements and promotions from third parties on LearnDeck. Your correspondence or business dealings with, or participation in promotions of, advertisers other than LearnDeck found on or through LearnDeck, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. LearnDeck is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-LearnDeck advertisers on LearnDeck.
Placement of information, logos, links, or names of Trainers or any other third party entities on LearnDeck does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold LearnDeck harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and LearnDeck or between any User including Tutor or Tuition Centers or any other third party entities and LearnDeck by the formation of this Agreement or by your participation on LearnDeck.
YOU ARE RESPONSIBLE TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINION, ANSWER, OR OTHER CONTENT AVAILABLE THROUGH LEARNDECK, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
Intellectual property rights
LearnDeck permits you (which may be revoked at any time for any reason or no reason) to use LearnDeck for the services as provided herein and in accordance with these Terms and Conditions of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive, or cache. Except as specifically authorized by LearnDeck, you may not deep-link to LearnDeck for any purpose or access LearnDeck manually or with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, or monitor any portion of LearnDeck or any information, content, or material on LearnDeck. LearnDeck reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of LearnDeck or any content contained therein, whether in whole or in part, without prior written consent from LearnDeck. You may like or follow LearnDeck or share links to LearnDeck via social networking technology referenced on LearnDeck. Any rights not expressly granted herein are reserved.
Except as expressly authorized by LearnDeck or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software LearnDeck discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“LearnDeck Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations LearnDeck uses in connection with its products and services. You may not remove or alter any LearnDeck Trademarks, or co-brand your products or material with LearnDeck Trademarks, without LearnDeck’s prior written consent. You acknowledge LearnDeck’s rights in LearnDeck Trademarks and agree that any use of LearnDeck Trademarks by you shall inure to LearnDeck’s sole benefit. You agree not to incorporate any LearnDeck Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or internet-related products, services, or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.
Disclaimer of warranties
The use of LearnDeck is at your sole risk unless otherwise explicitly stated. LearnDeck, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. LearnDeck disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. LearnDeck makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of LearnDeck.
LearnDeck makes no warranty or representations that: (a) The service will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in LearnDeck will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from LearnDeck, including any damages resulting from computer viruses.
Limitation of liability
LEARNDECK OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT LEARNDECK HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT LEARNDECK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT LEARNDECK IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF LEARNDECK. AS SUCH, LEARNDECK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO LEARNDECK.
USERS OF LEARNDECK TRANSACT BETWEEN THEMSELVES. LEARNDECK WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. LEARNDECK IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT LEARNDECK HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF LEARNDECK AND THAT LEARNDECK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT LEARNDECK IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF LEARNDECK, OF ANY USER. AS SUCH, LEARNDECK EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES LEARNDECK FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO LEARNDECK, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF LEARNDECK.
Termination and suspension
You are solely responsible for properly canceling your account.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.
LearnDeck, in its sole discretion, has the right to suspend or terminate your account and refuse all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.
Notices; modification and amendment of conditions
LearnDeck may provide notice to Users via email, regular mail, or posting notices or links to notices on LearnDeck. LearnDeck reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. LearnDeck may also delete, or bar access to or use of, all related information and files. LearnDeck will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. LearnDeck may amend these Terms at any time by posting the amended terms on this Site.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.