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These Terms of Use ("Terms") were last updated on September 18, 2019.
Lrnkey’s mission is to improve lives through learning. We enable anyone (coaches) anywhere to share educational courses and to anyone who wants to learn (learners) to enroll in these educational courses. We consider our marketplace model the best way to offer valuable educational services to our users. We need rules to keep our platform and services safe for you, us and our learner and coach community. These Terms apply to all your activities on the Lrnkey website and other Lrnkey applications, our TV applications, our APIs and other related services (“Services”).
Lrnkey and Gogman Grigson Limited are used interchangeably in this document. Lrnkey.com is the website platform that is owned by Gogman Grigson Limited (Alberta corporation in Canada)
When you register a coach profile on Lrnkey.com, you also agree to the Coach Agreement. We also provide details regarding our processing of personal data of our learners and coaches in our Privacy Policy.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Lrnkey through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use Lrnkey.
You need an account to purchase and enroll in a course or to register as a coach. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and Lrnkey will not intervene in disputes between learners or coaches who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Learners and coaches must be at least 18 years of age to create an account on Lrnkey and use the services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account. Under our Coach Agreement, you may be requested to verify your identity before you are authorized to publish your profile and advertise your services on Lrnkey.
You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.
Lrnkey.com provides a platform for interested users to become either coaches or learners.
Coaches are the users that have an expertise (knowledge, talent, skill, experience) and are ready to share that expertise with a learner for a payment.
Learners are the users who are seeking expertise and are ready to pay to receive it from the coaches.
The medium of exchange is an online video chat using available popular video chatting applications available on the market. Lrnkey.com will provide an option to chose which one to use.
The length of the course (number of sessions) will depend on the characteristics of the subjects that coaches are providing. These can be a one-hour consultancy session on career advice or a year long tutoring with 2-3 hours a week for mathematics for a school aged learner.
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your service after the first lesson, Lrnkey will provide a credit to be used on the platform.
The prices of courses on Lrnkey are determined based on the terms of the Coach Agreement.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. You may not be able to see pricing in other currencies.
If you are a learner located in a country where sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, PayPal, SEPA, direct debit, or mobile wallet) for those fees. Lrnkey works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any service on the platform if we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website. Credits may expire if not used within the specified period and have no cash value.
Lrnkey strives to ensure clear understanding of financial relations between Learners and Coaches with respect to the Services we provide.
To make a refund the cancellation of the session is required to be made in 24 hours before the lesson is due to start. If there are extenuating circumstances meaning a lesson is missed or needs to be cancelled at short notice, these refunds can be made at the Lrnkey’s discretion, but there is no obligation on Lrnkey to do so. Please contact your coach and notify in writing in the first instance if you would like to be refunded.
The refund option will be available for your payment only during the period of 30 (thirty) days from the date when your payment was made. Lrnkey is not responsible for any kind of fee charged by payment systems and will not cover it when initiating a refund.
To the fullest extent permitted by law, any refunds at any time are at our sole discretion only. In case you forgot to claim your refund during the stated period, you can still use these funds and buy the hours with any other tutor. In case you chose a refund option, its speed and availability of refunded funds on your bank account will depend solely from the terms and policies of your bank regarding the speed of transactions.
Your refund may be issued only once.
If you buy other lesson(s) later, it will not be subject to the same refund request.
No refund will be issued in case the user has lost and/or forgot his/her login credentials (username and passwords), which has resulted in loss of data, temporary loss of access to the user’s account or any other inconveniences for the user.
No refund will be issued in case the user has lost connection due to the absence of Internet access, factory reset or updates.
You can only use Lrnkey for lawful purposes. You’re responsible for all the services that you post on our platform. You should keep the reviews, questions, posts, courses and other services you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
If you are a learner, the Services enable to post reviews of courses and coaches after the course is complete. For certain courses, the coach invites you to submit “homework” or tests. Don’t post or submit anything that is not yours.
If you are a coach, you can communicate with the learners who have enrolled in your courses. You must abide by the law and respect the rights of others: you cannot share any course, question, answer, review or other services that violate applicable local or national laws or regulations. You are solely responsible for any courses, services, and actions you post or take via the platform and services and their consequences. Make sure you understand all the copyright restrictions set forth in the Coach Agreement before you start your first lesson on the platform.
If we are put on notice that your course or service violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your services or behavior violates our Trust & Safety Guidelines, or if we believe your services or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your services from our platform. Lrnkey complies with copyright laws. Check out our Intellectual Property Policy for more details.
Lrnkey has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and services, and we may prevent you from further access to the platforms and use of our services. Your services may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your services, or blocking of your access to our platforms and services.
If one of our coaches has infringed your copyright or trademark rights, please let us know. Under our Coach Agreement, we require our coaches to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
You retain ownership of services you post to our platform, including your courses. We’re allowed to share your services to anyone through any media, including promoting it via advertising on other websites.
The services/content that you post as a learner or coach remains yours. By posting services, you allow Lrnkey to reuse and share it, but you do not lose any ownership rights you may have over your services. If you are a coach, be sure to understand the course licensing terms that are detailed in the Coach Agreement.
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Lrnkey to use and share this services with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting services on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your services in any and all media or distribution methods (existing now or later developed). This includes making your services available to other companies, organizations, or individuals who partner with Lrnkey for the syndication, broadcast, distribution, or publication of services on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any services that you submit. You also agree to all such uses of your services with no compensation paid to you.
Anyone can use Lrnkey. We enable coaches and learners to interact through live video sessions for teaching and learning. Like other platforms where people can post services and interact, some things can go wrong, and you use Lrnkey at your own risk.
Lrnkey enables anyone anywhere to register and publish a profile for a coach and/or a learner. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course. We do not exercise any editorial control over the courses or any other material that is shared before, during or after the sessions, that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll a course, you rely on any information provided by a coach at your own risk.
By using the services, you may be exposed to experiences that you may consider offensive, indecent, or objectionable. Lrnkey has no responsibility to keep such services away from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.
When you interact directly with a learner or a coach during the service, you must be careful about the types of personal information that you share. We do not control what learners and coaches do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ coaches nor are we responsible or liable for any interactions involved between coaches and learners. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of coaches or learners.
When you use our services, you may find links to other websites that we don’t own or control. We are not responsible for the services or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
Gogman Grigson Limited owns Lrnkey.com platform and services, including the website, present or future apps and services, and things like our logos, API, code, and services created by our employees and contractors. You can’t tamper with those or use them.
All rights, titles, and interest in and to the Lrnkey platform and services, including our website, our existing or future applications, our APIs, databases, and the services our employees, contractors or partners submit or provide through our services are and will remain the exclusive property of Lrnkey, Gogman Grigson Limited and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Lrnkey name or any of the Lrnkey trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Lrnkey or the services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Lrnkey platform and Services:
access, tamper with, or use non-public areas of the platform, Lrnkey’s computer systems, or the technical delivery systems of Lrnkey’s service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or services on the Lrnkey platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).
you may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
in any way use the services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Lrnkey); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
You agree that by registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Gogman Grigson Limited and Lrnkey.com. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are a coach accepting these Terms and/or using our services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 5 (Lrnkey’s Rights to Services You Post), 6 (Using Lrnkey at Your Own Risk), 7 (Lrnkey’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our coaches is making misleading statements during their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, services are provided on an “as is” and “as available” basis. We, Gogman Grigson Limited (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their services, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the services (including any services) is entirely at your own risk.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Gogman Grigson Limited, Lrnkey or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage or slow down; or government restrictions.
There are risks inherent into using our services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we, Gogman Grigson Limited (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100). Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Lrnkey, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the services you post or submit, (b) your use of the services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
These Terms are governed by the laws of the Province of Alberta, Canada without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Alberta, Canada.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than six (6) months after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States or Canada . Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
Either of us can bring a claim in small claims court in (a) the county where you live, or (b) other places we both agree on, as long as it qualifies to be brought in that court.
If we can’t resolve our dispute amicably, you and Gogman Grigson Limited agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand. The arbitration proceedings shall be governed by the Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the rules about whether the arbitration hearing has to be in-person.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if Lrnkey changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Lrnkey written notice of such rejection by mail or hand delivery to Gogman Grigson Limited within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Lrnkey in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Lrnkey reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
The best way to get in touch with us is to contact our Support Team by emailing support@Lrnkey.com. We’d love to hear your questions, concerns, and feedback about our Services.
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