- Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and PicknLearn. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
PicknLearn may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where PicknLearn reasonably suspects that:
- you have, or are likely to, breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of PicknLearn and its affiliates, to access and use the Services.
PicknLearn may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
- immediately, where PicknLearn reasonably suspects that:
- you have, or are likely to, materially breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of PicknLearn and its affiliates, to access and use the Services; or
- on 30 days’ written notice to you, where PicknLearn, acting reasonably, terminate these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, PicknLearn may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
PicknLearn may amend the Terms, any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. PicknLearn will provide you with at least 30 days’ written notice in the event of a material change to any terms, policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon PicknLearns posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
- The Services
PicknLearn will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of PicknLearn’s mobile applications or websites (each, an “Application“) to (a) arrange and schedule Clases with independent third party providers of those services, who have an agreement with PicknLearn or its affiliates (“Third-Party Providers”); and (b) facilitate payments to Third Party Providers for services and receive receipts for those payments.
The Services are made available solely for your personal, noncommercial use, unless PicknLearn has agreed with you otherwise in a separate agreement. You acknowledge that PicknLearn does not provide classes or function as an educational service provider and that all classes are provided by independent third-party tutors who are not employed by PicknLearn or any of its affiliates. PicknLearn accepts liability for the Services and Application that it provides to you subject to these Terms. Providers are responsible for the services they provide to you.
Subject to your compliance with these Terms, PicknLearn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by PicknLearn and PicknLearn’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PicknLearn; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under PicknLearn’s brand. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of PicknLearn’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third-Party Services and Content.
The Services and all rights therein are and shall remain PicknLearn’s property or the property of PicknLearn’s licensors. Neither these Terms or your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PicknLearn’s company names, logos, product and service names, trademarks or service marks or those of PicknLearn’s licensors.
- Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“).Account registration requires you to submit to PicknLearn certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by PicknLearn in writing, you may only possess one Account.
User Requirements and Conduct.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other methods of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other methods of identity verification.
PicknLearn may, in PicknLearn’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that PicknLearn establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by PicknLearn; (iii) may be disabled by PicknLearn at any time for any reason without liability to PicknLearn (iv) may only be used pursuant to the specific terms that PicknLearn establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. PicknLearn reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that PicknLearn reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
PicknLearn may, in PicknLearn’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to PicknLearn through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to PicknLearn, you grant PicknLearn a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PicknLearn’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PicknLearn the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor PicknLearn’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PicknLearn in its sole discretion, whether or not such material may be protected by law. PicknLearn may, but shall not be obligated to, review, monitor, or remove User Content, at PicknLearn’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. PicknLearn does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges“). After you have received services obtained through your use of the Service, PicknLearn will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by PicknLearn. You may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. PicknLearn will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated by PicknLearn using the preferred payment method designated in your Account, after which PicknLearn will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that PicknLearn may, as a Third Party Provider, use a secondary payment method in your Account, if available.
As between you and PicknLearn, PicknLearn reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in PicknLearn’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. PicknLearn will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. PicknLearn may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival or scheduled time, in which case you will be charged a cancellation fee, which is 50% of the agreed payment.
This payment structure is intended to fully compensate the Third Party Provider for the services. PicknLearn does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by PicknLearn (on PicknLearn’s website, in the Application, or in PicknLearn’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that PicknLearn provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
- Governing Law; Arbitration.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). PicknLear or its affiliate operates a complaints process to allow you to make complaints about PicknLearn or Third Party Providers, and PicknLearn or its affiliate also manages refunds to you in relation to those complaints. PicknLearn or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, orders and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by a confidentiality obligation set out in these Terms.
- Other Provisions
Claims of Copyright Infringement.
PicknLearn may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to PicknLearn’s address at PICK N LEARN PVT LTD, Bernard Business Park,2nd Floor, No. 106, Dutugamunu Street, Dehiwale, Sri Lanka
You may not assign or transfer these Terms in whole or in part without PicknLearn’s prior written approval. You give your approval to PicknLearn for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of PicknLearn’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, PicknLearn or any Third Party Provider as a result of the contract between you and PicknLearn or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforce-ability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Terms, the words “including” and “include” mean “including, but not limited to.”