Terms and Conditions
Introduction
This Agreement (“Agreement”) is made effective by and between LEarnible Global (A subsidiary of Amplyfy Works (“The Company”), and the purchaser of the digital or physical product/ training service (hereafter “The Client”), for the purpose of the Client purchasing a digital or physical product or training from Company’s online shop (the “Product”). The client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Please read the terms carefully. By using or accessing the Site, or USSD code you are agreeing to be bound by these Terms in their entirety and we shall bear no liability for the failure of anyone to correctly interpret the Terms. However, Learnible Global shall provide any clarification on any of the Terms, and we shall respond to any such queries if addressed to the address set out in the ‘Contact Us section at the Site.
Please read the terms carefully. By using or accessing the Site, or USSD code you are agreeing to be bound by these Terms in their entirety and we shall bear no liability for the failure of anyone to correctly interpret the Terms. However, Learnible Global shall provide any clarification on any of the Terms, and we shall respond to any such queries if addressed to the address set out in the ‘Contact Us section at the Site.
Digital Product Usage
After purchasing the digital product or training, the Client will be given access to the product materials within [48 hours] through a download delivered in his/her email. The clients will have lifetime access to the materials so long as the product(s)/ training is/are available.
The company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product/ Training. The client understands and agrees that the Product/Training materials may not be shared with any third party. In the event, Company suspects that the Product/training is being shared with another party, the company reserves the right to immediately terminate the Client’s access to the Product/training.
The client may use the Product/training for his/her own personal use and business use and may modify the language as he/she sees fit.
The company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product/ Training. The client understands and agrees that the Product/Training materials may not be shared with any third party. In the event, Company suspects that the Product/training is being shared with another party, the company reserves the right to immediately terminate the Client’s access to the Product/training.
The client may use the Product/training for his/her own personal use and business use and may modify the language as he/she sees fit.
Fees & Payment Processing
In consideration for access to the Product/training provided by Company, the Client agrees to compensate Company for the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, the Client shall provide a new eligible payment method before receiving access to the Product. In the event, that the Client has already been given access to the Product and a payment method is declined, the company reserves the right to collect any and all outstanding receivables.
Refund Policy
Due to the nature of digital products/training being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by the Client in connection with the Product will be allowed under any circumstances.
Personal Information
By purchasing the Product, the Client will be asked to provide personal information including his/her name, email address, and mailing and billing address. The client agrees to allow the Company access to this personal information for all lawful purposes. The client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating the company on any changes to his/her identifying information.
The billing information provided to the company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product/training for fraud or unlawful activity, is grounds for immediate termination from the Product.
The billing information provided to the company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product/training for fraud or unlawful activity, is grounds for immediate termination from the Product.
Copyright
Upon delivery of the digital product to Client, Company hereby transfers and assigns to Client all copyrights regarding the Product.
Warranties and Liability
The company makes every effort to ensure that the Product is accurate and fit for the use of the Company’s customers. However, the Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose. The client agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages, or losses arising out of the Client’s breach of these terms and conditions. The company shall not be liable to Client or any third party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business, or anticipated benefits whether arising under tort, contract, negligence, or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted, or interfered with by reason of earthquake, fire, flood, or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Guarantees
The company does not make any guarantees as to the results, including financial or other personal gains, of the Client’s use of the Product/training. The client agrees to take responsibility for the Client’s own results with regard to using the Product.
Release & Reasonable Expectations
The client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. The client understands and agrees that:
- Every client and final result using the Product is different;
- The Product is intended for a mass audience.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Mediation and Arbitration
Any and all disputes or disagreements arising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration is in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Kigali, Rwanda, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration is in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Kigali, Rwanda, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Transfer
This agreement cannot be transferred or assigned to any third party without the written consent of both parties.
Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement