Learn Around The World – Terms and Conditions, August 2016

A. Definitions

  1. “learnATW” is used for Learn Around The World LLC.
  2. “Virtual Field Trips (VFT)” means live, online video conference calls between learnATW staff, VFT guests, and viewing classrooms.
  3. “Guest” means that a learnATW participant and the minors they over see are on camera during a live, public video conference call, also referred to as a Virtual Field Trip.
  4. “Viewer” means that a learnATW participant is watching a live, public broadcast. However, they are not on camera during the Virtual Field Trip.
  5. “learnATW Services” means training, virtual field trips, services, media and materials delivered by learnATW.
  6. “T&C’s” means this document entitled “Learn Around The World Services Terms and Conditions”.
  7. “Materials” means videos, audio, documentation (e.g., questionnaires and process guidelines), educational materials (e.g., student workbooks, lesson plans, and computer based training), and other written information (in any form including electronic) and any other materials.
  8. “Customer” means an end-user learnATW customer who registers for free learnATW services or purchases any learnATW premium services described in these T&C from Learn Around The World LLC, or
  9. learnATW will provide the learnATW Services described in the applicable HP Data Sheet and/or Statement of Work in accordance with these T&Cs. In addition to these terms, the following terms located here apply to the purchase of learnATW services.

B. Media Release

  1. Customers that are Guests on a Virtual Filed Trip will be on a live and recorded public video broadcast. This video broadcast available to the public On-Demand by learnATW after the live show.
  2. It is the responsibility of the Customer to obtain the proper permissions and media releases to put the children under their care on a live and recorded public broadcast.
  3. Customers that are Viewers of a Virtual Filed Trip will have the opportunity to submit questions that may be shown on a live and recorded public broadcast.
  4. It is the responsibility of the Customer to obtain the proper permission and media releases in order to allow their students to submit questions that may be shown on a live, public broadcast.
  5. learnATW reserves the right to use any footage from learnATW’s Virtual Field Trips in the future for marketing or new learnATW services (e.g., new educational content, professional development and teacher training).

C. Orders and Acceptance

  1. For open enrollment classes learnATW will provide Customer with a reservation notice as soon as possible after receipt of Customer order and will provide Customer a confirmation notice after receipt of a valid method of payment.
  2. The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by Customer and accepted by learnATW on any learnaroundtheworld.com website will create fully enforceable obligations that will be subject to the T&Cs. Such orders and acceptances will be deemed for all purposes to be: 1) business records originated and maintained in documentary form; 2) a “writing” or “in writing”; 3) “signed”; and 4) an “original” when printed from electronic files or records established and maintained in the normal course of business. The learnATW Services – Terms and Conditions parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.
  3. Acceptance of learnATW Services will occur upon learnATW’s performance of such services.

D. Warranty

  1. learnATW warrants that all learnATW Services will be provided in accordance with generally recognized commercial practices and standards.
  2. learnATW makes no other warranty or representation as to the suitability or quality of the learnATW Services. learnATW expressly disclaims all liability for anything done or omitted in reliance upon the learnATW Services or Materials. Customer shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which Customer purchased any learnATW Services. The warranty contained in this section 4 is in lieu of and learnATW expressly disclaims, and Customer hereby expressly waives, all other express warranties or conditions, and all other warranties, conditions, and obligations implied in law, including Warranties of merchantability and fitness for a particular purpose.

E. Cancellation

  1. Cancellation by learnATW
    1. Unless otherwise specified or agreed in writing by learnATW, all services shall commence on the date specified by learnATW in the order confirmation. learnATW reserves the right to change on up to 1 learnATW business day prior to the VFT date. You will be notified at that time of such change or cancellation.
    2. learnATW will use reasonable efforts to give notice of any cancellation of any services. If the service cannot be rescheduled, Customer may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation.
    3. learnATW business days are Monday through Friday, excluding local learnATW holidays.
  2. Cancellation by Customers
    1. For private / dedicated services, event cancellation requests received fewer than 5 learnATW business days prior to the class start date will be subject to the full course fee.
    2. Cancellations or refunds do not apply for purchased memberships after two weeks from purchase date.
    3. learnATW business days are Monday through Friday, excluding local HP holidays.

F. Payments

  1. learnATW reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price.
  2. Prices do not include sales, use, service, value added or like taxes or customs duties. Such taxes and duties, when applicable, will be added to learnATW’s invoices. Further, if deliveries are requested outside of the original invoicing country, it may be necessary for learnATW to issue an invoice from the delivery country location.
  3. All payments will be made within 30 calendar days of the date of invoice. These credit terms are subject to learnATW credit approval. learnATW may change credit terms upon reasonable notice at any time when, in learnATW’s opinion, Customer’s financial condition, previous payment record, or the nature of Customer’s relationship with learnATW so warrants.
  4. When Customer has otherwise purchased a volume discounted education package, Customer may utilize such package for fulfillment of payment obligations for orders issued hereunder; provided, however sufficient credits must exist to pay in full for all learnATW Services that will be delivered pursuant to the order. If additional credits are needed, Customer may purchase such credits from learnATW prior to the commencement of the learnATW Services or provide another valid method of payment for the difference. If Customer provides such other method of payment the volume discount will not apply.

G. Intellectual Property

  1. Most Materials are released under Creative Commons 3.0 SA NC and will be indicated as such. It is encouraged to use learnATW’s Materials in the Customer’s works.
  2. If a Material is not indicated as CC 3.0 SA NC, all other Materials provided for use throughout the services are the copyrighted works of learnATW or the original content provider. Unless otherwise set forth, the Course Materials are provided for the sole use of the educator and their students, and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of learnATW.
  3. learnATW will defend or settle any claim against Customer regarding the learnATW Services, to the effect that learnATW knowingly infringed a patent, utility model, industrial design, copyright, trade secret, mask work or trademark in the country where such learnATW Services are delivered; provided however that Customer promptly notifies learnATW in writing of the claim, and Customer cooperates with learnATW in, and grants learnATW sole control of, the defense or settlement.

H. Remedies and Liabilities

  1. learnATW’ s total aggregate liability to Customer for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by Customer for the learnATW Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or learnATW Services – Terms and Conditions other torts. In no event will learnATW be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.
  2. In no event will any cause of action be brought against learnATW more than one year after the cause of action has accrued.
  3. THE REMEDIES IN THESE T&Cs ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
  4. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations hereunder. The fees payable to learnATW reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.

I. General

  1. Customer acknowledges and agrees that temporary interruptions of online services may occur from time to time. learnATW shall exercise reasonable care to prevent or minimize such interruptions.
  2. learnATW shall not be liable to Customer for any failure or delay in receiving or transmitting data, or for any loss of or corruption to any data arising out of or in connection with delivering or conducting online services.
  3. learnATW may refuse any individual admission, to service, that it considers to be a safety or security risk to other participants. Fees paid for participant refused service due to these circumstances will be forfeited and Customer will not be entitled to a refund for any portion thereof.
  4. learnATW will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
  5. Except with respect to learnATW’s rights regarding the use of subcontractors, neither party may assign any rights or obligations hereunder without prior written consent of the other party. learnATW may, however, assign any rights and obligations hereunder to an affiliated entity at any time subject to written notice. These terms and conditions will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
  6. Customer who exports, re-exports or imports data purchased hereunder, assumes responsibility for complying with applicable laws and regulations, and for obtaining required export and import authorizations. HP may suspend performance if Customer is in violation of applicable export laws.
  7. Disputes arising in connection with these T&Cs will be governed by the laws of the country and locality in which learnATW accepts the order.
  8. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
  9. Customer will comply with the general obligations specified by these Terms and Conditions in a timely manner. Customer acknowledges that learnATW’s ability to deliver the learnATW Services is dependent upon Customer’s full and timely cooperation with learnATW, as well as the accuracy and completeness of any information and data Customer provides to learnATW. Learn Around The World Services – Terms and Conditions.
  10. Neither party’s failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.
  11. These T&Cs and, any applicable learnATW order confirmation constitute the entire agreement between learnATW and Customer and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer’s additional or different terms and conditions will not apply. Customer’s purchase will constitute Customer’s acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.