Terms May 1, 2015 - March 8, 2016
By accessing the website at www.learning.ly ("the Site") or by otherwise accessing any content found on the Site you are entering into an agreement with The Economist Group ("The Economist") and agree to the terms that follow (the "Terms"). The Site is owned and operated by The Economist.
Learningly is a trading name of The Economist, which includes the following for the purpose of these Terms:
The Economist Newspaper Limited ("ENL")
Registered in England and Wales. No.236383
Registered office: 25 St James's Street, London, SW1A 1HG
- Intellectual Property
- Use of Learningly Content
- Registration, Passwords and Responsibilities
- Course orders and Cancellation
- Fees and Payments
- User-Created Content
- Specific Obligations for Users
- Specific Obligations for Instructors
- Changes to the Site
- Liability and Indemnity
- Force Majeure
- Term and Termination
- Governing Law and Jurisdiction
- Previous versions of our Terms
These Terms were last updated on April 14, 2015.
The contents and design of the Site, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Learningly Content"), is the copyright of The Economist and its licensors (which includes Instructors for the purpose of any materials submitted to the Site to be used in and in relation to Courses ("Submitted Content")). You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Learningly", "The Economist" name and logo or other trade names appearing on the Site) for any reason without written permission from The Economist. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Learningly Content
All Learningly Content is strictly for personal, non-commercial use only.
You may retrieve and display Learningly Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted in these Terms, you may not reproduce, modify or in any way commercially exploit any Learningly Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The Economist:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Learningly Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Learningly Content (including as part of any library, archive or similar service) without the prior written consent of The Economist; or
- remove the copyright or trade mark notice from any copies of Learningly Content made available under these Terms. Any use of Learningly Content not specifically permitted in these Terms is expressly prohibited. Requests for permission for other uses may be sent firstname.lastname@example.org and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site are only open to registered users. You are solely responsible for the confidentiality and use of and access to Learningly Content and the Site using your user name and/or password. You agree to immediately notify The Economist if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Learningly Content. You will provide The Economist with accurate, complete registration information and inform The Economist of any changes to such information. For the purpose of confirming your compliance with these Terms, The Economist reserves the right to monitor and record activity on the Site including access to Learningly Content.
Each registration and order is for the personal use of the registered User or Instructor only. You may not share your log-in details or password with any other person. You may not share or transfer your orders. The Economist does not allow multiple users (networked or otherwise) to access the Site through a single name and password and may cancel or suspend your access to the Site if you do this, or breach any of these Terms without further obligation to you.
Course Orders and Cancellation
The Economist offers different types of courses including access to Learningly Content and teaching materials on the Site ("Courses") and reserves the right to vary the amount of content and types of service that it makes available to different categories of users, or on any Course at any time.
The Economist will try to process your Course order promptly but does not guarantee that it will be activated by any specified time. By submitting your payment and other order details, you are making an offer to us to buy a Course. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Course. You will receive written confirmation by email by way of a receipt when your Course order offer has been accepted.
Cancellation and Refunds
Unless specifically stated in any additional terms and conditions that apply to any Course or Learningly Content, you will only have the right to cancel your Course order if you do so within the first 14 days of placing your order.
If you have a right to cancel as set out above, and you exercise that right, then unless the terms of any Course offer or promotion state otherwise, we will reimburse all payments received from you as soon as reasonably practicable.
If applicable, any reimbursement will be settled as described in the "Fees and Payments" section below.
How to cancel
You may notify us of your wish to cancel your Course order by contacting us at email@example.com. If you prefer, you may, but are not obliged to, complete the form below and send it to us by e-mail firstname.lastname@example.org.
- To: The Economist Group
- Tel no: [insert tel no if applicable]
- I/we hereby give notice that I/we cancel my/our Course order contract
- Purchased on: [insert date of Course order]
- Customer Reference Number: [insert relevant Customer reference number]
- Your name (or the customer's name if different):
- Your address (or the customer's address if different):
The Economist shall provide your Course order in accordance with these Terms (and the terms of any offer or promotion that may apply to your Course order). As further detailed above you have legal rights with regards to your Course order including, if applicable, the right to cancel. Should you have any queries please contact email@example.com.
Fees and Payments
You are responsible for any fees that are payable.
The price to be paid for your Course will be made clear to you on the Course order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Course order. Eligibility for any discounts, if applicable, is ascertained at the time you make your order and cannot be changed during the term of your Course order. If you have been given any, you will be able to use Site approved coupons to purchase any Course or Learningly Content. However you may only use one coupon per Course order and you must not allow anyone other than you to use such coupons. Coupons are granted via the Site by The Economist.Only those coupons that have been validly granted may be used in accordance with these Terms.
As well as Course orders, access to some other Learningly Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by The Economist. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site using your ID.
When you purchase a Course or access to any other Learningly Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Course(s) and/or Learningly Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site, or any Course order you have made is terminated by The Economist, then unless such use or Course order is terminated because you are in breach of these Terms (which will be determined solely by The Economist) you will be entitled to either receive a credit to your User account of an amount equal to the price of the Course that you paid, which you may use to purchase other Learningly Content, or you may receive a refund of any credits or pre-payments which remain unused at the time of termination. The choice of refund or credit is solely The Economist’s in its discretion. Termination by The Economist may occur for a number of reasons including in circumstances where The Economist is required to take down any Course or Learningly Content as a result of successful legal action made by a third party. By purchasing any Course or Learningly Content, you agree that such a credit or refund as set out above will be your only remedy in relation to these Terms. You will continue to be responsible for any other fees or other charges you have incurred prior to such termination.
If you are entitled to a refund or credit under these Terms, credits will be made to the account you created when you registered only, and refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.
You are responsible for all content you post.
The Site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The Economist and interaction between users and The Economist representatives ("Forums"). While The Economist does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by The Economist on a Forum. You may not:
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
- Post, link to or otherwise publish any Messages that infringe copyright;
- Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
- Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of The Economist;
- Post Messages in any language other than English;
- Post the same Message, or a very similar Message, repeatedly;
- Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
- Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
- Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- Disguise the origin of any Messages;
- Impersonate any person or entity (including The Economist employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
- Collect or store other users' personal data; and/or
- Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless The Economist from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
The Economist has no control over individuals posting Messages on any Forum. The Economist cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting The Economist a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The Economist reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for The Economist to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The Economist immediately by contacting firstname.lastname@example.org for your region or by using the "Report Abuse" function on reader comments. Repeated misuse of the "Report Abuse" function will result in your access to the Forums being terminated.
Specific additional obligations for Users
If you are a user of the Site in search of a Course, or engaging Instructors (a "User"), you also represent, warrant and covenant that:
- you have read, understood, and agree to be bound by the pricing information before using the Site or making a Course order;
- if you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or making a Course order;
- you will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Learningly Content;
- you will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- you will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Learningly Content except as permitted by these Terms or the additional terms of any particular Course (if applicable);
- you agree that Instructors can be provided with your personal information such as email address and other contact details, and The Economist is granted permission to use the same in order to provide any Course or other Learningly Content to you in accordance with these Terms;
- other than as set out in these Terms you will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- you will not solicit personal information from any Instructor or other User.
The Economist hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use Learningly Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Site, in accordance with these Terms and any conditions or restrictions associated with particular Courses. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Learningly Content unless we give you explicit permission to do so. Learningly Content is licensed, and not sold, to you. Instructors may not grant you license rights to Submitted Content you access or acquire through the Site and any such direct license shall be null and void and a violation of these Terms.
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site. You hereby grant The Economist a permission and release to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Courses, Learningly Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
Specific additional obligations for Instructors
If you are instructing Users in connection with Learningly Content and/or you are the author and provider of Submitted Content you are an "Instructor". The following additional terms and conditions apply, and you represent, warrant and covenant that:
- you are subject to The Economist’s approval, which we may grant or deny in our sole discretion;
- you need to register for an Instructor Account on the Site and you also agree to the below pricing terms;
- subject always to the immediately following paragraph, you agree that you will receive 50% (after any applicable tax and deduction of any refunds), of the monies The Economist receives in relation to your Course(s). The Economist will pay you quarterly in arrears from monies received by The Economist from Users in relation to your Submitted Content and/or your Course(s). Each payment will be made at least 60 days but no more than 90 days after each "Quarterly Date" being each of 31 March, 30 June, 30 September and 31 December. The first such payment, if due and payable, will be made at least 60 days but no more than 90 days after the first Quarterly Date in which you have made Submitted Content and/or Courses available on the Site;
- • you agree that The Economist may refund Users in accordance with these Terms. If any Users become entitled to a refund or credit for any reason, The Economist shall deduct 50% of the refund amounts from any monies due and that (if it wasn’t for this term) would be otherwise payable to you. The Economist may continue to deduct any such refund or credit amounts from any monies it receives in relation to your Courses until all such refund amounts have been satisfied and you acknowledge that this could mean no monies are actually payable to you by The Economist pursuant to these Terms;
- you will be responsible for all of your Submitted Content, and confirm by submitting your Submitted Content, and/or using it in your Courses that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize The Economist, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Submitted Content on and through the Site, any other The Economist website, and/or any other platforms (including print and online) that The Economist determines is appropriate, in each case in the manner contemplated by these Terms. You also warrant, represent and covenant that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party and agree to defend, indemnify and hold harmless The Economist, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of this provision;
- you have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the Site;
- you will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- you will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site, your Submitted Content, any Course materials or to Users;
- you will not use Course materials or the Learningly Content for any business other than for providing tutoring, teaching and instructional services to Users of the Site and only as you are permitted by these Terms;
- you will not engage in any activity that will require The Economist to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- you will not copy, modify or distribute Learningly Content (other than your own Submitted Content) except as permitted in these Terms;
- you will not interfere with or otherwise prevent other Instructors from providing their services, Submitted Content or Courses;
- you will maintain your enrollment and account information, and all such enrollment and account information shall be accurate;
- you shall respond promptly to Users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general;
- you will not use any personal data of Users (including email addresses and other contact information) for any purpose other than delivering the Course in accordance with these Terms. You accept responsibility for all use you make of any such data gained from the Site or as a result of being an Instructor, and hereby agree to defend, indemnify and hold harmless The Economist, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of this provision;
- you are over the age of 18 and assume responsibility and liability for your performance and compliance hereunder.
In your capacity as an Instructor, you hereby grant The Economist a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site, and sublicense it to other Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Site at any time. Removal of your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users or other Instructors prior to that time will continue in accordance with the terms granted to such Users or Instructors. You hereby grant The Economist a permission and release to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Courses and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE LEARNINGLY CONTENT IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OFVIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If you believe that Submitted Content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Learningly Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to The Economist in accordance with the procedures that We maintain at: email@example.com.
The Economist respects your privacy.
Changes to the Site
The Economist reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Learningly Content available on the Site at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All Learningly Content and services are provided 'as is'. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site, The Economist makes no warranty, express or implied concerning Learningly Content, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". The Economist expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Economist, its affiliates, agents, suppliers or licensors (which for the purposes of this clause does not include Instructors who have provided any Submitted Content) be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The Economist has been advised of the possibility that such damages may arise. The Economist does not guarantee the accuracy, content, or timeliness of the Learningly Content or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The Economist or its affiliates, agents, suppliers and licensors (which for the purposes of this clause does not include Instructors who have provided any Submitted Content) to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The Economist exceed the amount, if any, paid by you to The Economist for the particular Course or Learningly Content to which the claim relates.
Upon The Economist's request, you agree to defend, indemnify and hold harmless The Economist, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Learningly Content or the Site.
The Economist will not be held responsible for circumstances beyond its control.
The Economist, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Learningly Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of Learningly Content.
Changes to these Terms. The Economist may, in its discretion, change these Terms (including those that relate to your use of the Site and/or Learningly Content). Whenever the Terms are changed, The Economist will notify you by e-mail or by publishing the revised terms on the website. If you use the Site after The Economist has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Learningly Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The Economist is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site may also contain links to other web sites. The Economist is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The Economist.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to The Economist must be given in writing, by letter, and sent to The Economist Group, 25 St James's Street, London, SW1A 1HG (for the attention of the Group General Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
The Economist may terminate or suspend your access to Learningly Content at any time.
The Economist may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site (including any Learningly Content) with or without cause by delivering notice to you.
We may terminate your use of the Site immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. We may discontinue offering any product, Course, or Learningly Content at any time (which will terminate your right to offer any Courses if you are an Instructor). You may terminate your use of the Site at any time, either by ceasing to access it, or by contacting us at firstname.lastname@example.org (but if you are an Instructor then Users enrolled in your Courses prior to termination shall continue to have access to the Submitted Content in accordance with these Terms). We have no obligation to retain any of your account details or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Site, and Learningly Content. Any accrued rights to Submitted Content, payment and all indemnities representations and warranties shall survive termination.
These rights of termination are in addition to all other rights and remedies available to The Economist under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of The Economist, The Economist shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Previous versions of our Terms
For previous versions of our terms please refer to the relevant period below:
No previous versions exist at present.