TERMS AND CONDITIONS

This Agreement was last revised on May 15th, 2020.

I.                  OUR INTRODUCTION

www.learnmust.com(“we,” “us,” or “our”) welcomes you.

Your access to our services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you and as per the terms provided herein. By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.

II.               DEFINITIONS

  • Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
  • Service” or “Services” is a reference to any service defined below, which we may provide and which you may request via our Website;
  • User”, “You” and “your” denotes to the person who is visiting or accessing for taking any service from us;
  • Members” means users that are registered with the website as Teacher and Students;
  • Students” means a user that uses the Learnmust.com Website for taking/availing online courses provided by the Teacher to the Students or the Student’s parent/guardian;
  • Teacher” means a user that has appropriate qualifications and experience to provide online Teaching services in the areas advertised by the Teacher on the Learnmust.com Website;
  • We”, “us”, “our” and “Company” are references to;
  • Website” shall mean and include “https://www.learnmust.com; and any successor Website of the Company or any of its affiliates;
  • UserAccount” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;

III.            INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV.           COMMITMENT AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

 

  • Eligibility: Our service is not available to minors under the age of 18, if you are under the age 18 then please take acceptance from your parents/guardians for using our website and services.

Our services are not available to any users suspended or removed from the system by us for any reason.

 

  • Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V.              OUR SERVICES

At Learnmust.com, we offer you a meticulously designed website that provides you an online learning platform with an integrated virtual classroom, where students receive live online lessons from professional Teachers from all over the world on any subject.

VI.           MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to our web site.

VII.        REGISTRATION INFORMATION

If you access this Website anonymously, you will not be required to create a user name. But, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection to establishing an account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VIII.     USER SUBMISSION

  1. Content Responsibility.

When you use learnmust.com you agree to adhere to the content guidelines listed in our terms of services and privacy policies.You are solely responsible for the content submittedby you. You represent that you have required permission to use the content.

Please do not use content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
  • Information or data which are unlawfully obtained.

Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.

IX.            GRANT OF LICENSE

  • Subject to the terms and conditions of this Agreement we hereby grant you a non-exclusive, non-transferable, revocable license to use the Service as per the Terms of this agreement.
  • Nothing in this Agreement shall be considered as a grant of title or ownership in the Service to the user.

X.               PAYMENT

  • All the purchase transactions for buying courses through this website shall be made in accordance with these terms and conditions.
  • Payment:Payment mode shall be:
    • Online Debit and Credit cards
    • PayPal
    • Skrill
  • If a student buys a course then the student will also pay payment gateway transaction fees
  • Any payment transaction that you place with us is subject to acceptance by us. We will send you an email to confirm that we have received it.
  • We may refuse or be unable to process your order/subscription if:
    • Your card or PayPal account does not give authorization for the payment of purchase price.
    • You do not meet the eligibility to order criteria set out above.
  • After the Payment, the teacher/Trainer will share their skype/FaceBook Id with the students who will buy a course.
  • If any student does not satisfy then the student can request us for a refund, we will refund to their balance. You can contact us at our email- support@learnmust.com
  • We take user feedback very seriously and use it to constantly improve our products and quality of service.

XI.            GEOGRAPHIC RESTRICTION

We reserve the right to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our web site is invalid where banned.

XII.         DUTIES

Teacher Duties

A Teacher warrants that he/she-

(a) is of at least 18 (eighteen) years of age;

(b) has the necessary qualifications and/or experience to provide teaching in the subjects specified by the Teacher on the Learnmust.com Website.

 

  1. Teachers who contact Students who are under the age of 18 must ensure that the Students have consent from a parent or a guardian to provide online courses to the Students. We shall not be liable to check whether the Teacher has taken consent from the parent or a guardian of a student.
  2. Teacher takes full responsibility for all information that he provides on the Learnmust.com Website and must indemnify Learnmust.com in relation to any liability incurred by Learnmust.com as a result of such information.
  3. Teacher must contact a Student through the Learnmust.com Website. Any other means of communication is prohibited.
  4. Teacher shall indemnify Learnmust.com for all claims and liabilities arising out of any use by the Teacher of the Learnmust.com Website, including costs and expenses incurred
  5. Teacher must not be in any way abusive about a Student or his nominee on the Learnmust.com Website or any other place.
  6. Teacher is not an employee of Learnmust.com and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from the use of the Learnmust.com Website.
  7. All information provided by a Teacher on the Learnmust.com Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Teacher on the Learnmust.com Website will be publicly visible and may appear in search engine results.
  8. Use of the Learnmust.com Website is entirely at a Teacher’s own risk. A Teacher must exercise complete caution when using the Learnmust.com Website and entering into any agreements to provide Teaching services to Students.
  9. The website has the right to reject inappropriate details of the Teacher wish to display.

Students Duties

  1. Students who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must give written consent to theTeacher to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Teacher. Learnmust.com is not responsible for any disputes regarding parental consent or any problems that a student or a parent/guardian has experienced with a Teacher.
  2. A Student, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, and qualifications of any Teacher with whom he enters into or proposes to enter into a contract. Learnmust.com does not offer any guarantee that any information provided on the Learnmust.com Website is accurate and correct.
  3. A Student, or where relevant their parent/guardian, accepts that his contract for the online course is with the Teacher. Learnmust.com is not a party to such a contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Teacher and Students.
  4. A Student must contact a Teacher through the Learnmust.com Website. Any other means of communication is prohibited.
  5. A Student agrees not to use Learnmust.com to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Learnmust.com should contact us.
  6. A Student cannot act as an agent to promote the services or opportunities of a company.
  7. A Student must not publish any abusive comments about a Teacher or a Student on the Learnmust.com Website or any other place. This includes defamatory or derogatory comments.

XIII.      GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-resalable use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
  • You will not impersonate any other person or entity or use a false name or a name that they have no authority to use.
  • User cannot create multiple accounts. If someone creates, we will suspend.
  • Teachers/Trainers can sell only online career-related courses.
  • If a student learns and if he releases payment to the teacher, then the student shall not be eligible for any refund.
  • You shall not post material to the Learnmust.com Website in which the copyright or intellectual property is or may be the property of another person or body.

XIV.     YOUR COMMITMENT AND RESPONSIBILITIES

  • You shall use the Service for a lawful purpose and comply with all the applicable laws;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
  • You will not use any device, scraper or any automated thing to access our website for any means without taking permission.
  • You will inform us about anything is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
  • You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XV.        SAFETY TIPS

  1. Never share your password, personal information, any official identity document with anyone.
  2. Never send any money to another user directly.

XVI.     EXCLUSION OF LIABILITY

LEARNMUST shall not be liable and responsible for the behavior of the users, whether on the website or outside of it.LEARNMUST is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Websitelearnmust.com including loss of data or information or any kind of financial or physical loss or damage.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

In no event shall LEARNMUST, nor its Owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

XVI.     NO RESPONSIBILITY

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorized access or loss of personal information that is beyond our control.

XVII.  THIRD-PARTY LINKS

We may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

XVIII.                PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

XIX.     ERRORS, INACCURACIES AND OMISSIONS

Every effort have been taken to ensure that the information offered on our website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XX.        DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

XXI.     COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

XXII.  INDEMNIFICATION

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXIII.                MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the law of Bangladesh without giving effect to any principles of conflicts of law. The courts of Bangladesh shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@learnmust.com.