www.LearnZA.com

1. ACCEPTANCE OF TERMS

The services that LearnZA eLearning Marketplace provides to Users is subject to the following Terms of Use (TOU). LearnZA eLearning Marketplace reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages or the about section on the mobile application.

This Agreement, which incorporates by reference other provisions applicable to use of all LearnZA Online Platforms, including, but not limited to, supplemental terms and conditions set forth herein (“Supplemental Terms”) governing the use of specific material contained in LearnZA Online Platforms, sets forth the terms and conditions that apply to use of LearnZA.com by User.

By using products and services of LearnZA eLearning Marketplace (Other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use LearnZA Online Platforms is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

LearnZA eLearning Marketplace shall have the right at any time to change or discontinue any aspect or feature of LearnZA Online Platforms, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGES TO TERMS

LearnZA eLearning Marketplace shall have the right at any time to change or modify the terms and conditions applicable to User’s use of LearnZA Online Platforms, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on LearnZA Online Platforms or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of LearnZA Online Platforms by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.

3. DESCRIPTION OF SERVICES

Through its Web property, LearnZA eLearning Marketplace provides User with access to a variety of resources, including download areas, communication forums, and product information (collectively “Services”). These Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of LearnZA Online Platforms and all charges related thereto.

5. CONDUCT

User shall use LearnZA Online Platforms for lawful purposes only. User shall not post or transmit through LearnZA Online Platforms any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without LearnZA eLearning Marketplace’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in LearnZA eLearning Marketplace’s discretion restricts or inhibits any other User from using or enjoying LearnZA Online Platforms will not be permitted. User shall not use LearnZA Online Platforms to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with LearnZA eLearning Marketplace.

6. COPYRIGHT AND TRADEMARKS

The entire contents of LearnZA Online Platforms are copyrighted as a collective work under the Zambian copyright laws. LearnZA eLearning Marketplace owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of LearnZA eLearning Marketplace and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USER EXPRESSLY AGREES THAT USE OF LearnZA Online Platforms IS AT USER’S SOLE RISK. NEITHER LearnZA eLearning Marketplace, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LearnZA Online Platforms WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LearnZA Online Platforms, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH LearnZA Online Platforms.

LearnZA Online Platforms ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT LearnZA eLearning Marketplace IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL LearnZA eLearning Marketplace, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LearnZA Online Platforms OR THE LearnZA eLearning Marketplace SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LearnZA Online Platforms. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LearnZA eLearning Marketplace, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LearnZA Online Platforms, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).

THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

8. LINKS TO THIRD PARTY SITES

The LearnZA Online Platforms may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LearnZA eLearning Marketplace and LearnZA eLearning Marketplace is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LearnZA eLearning Marketplace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LearnZA eLearning Marketplace of the site or any association with its operators.

Certain services made available via LearnZA Online Platforms are delivered by third party sites and organizations. By using any product, service or functionality originating from the LearnZA.com domain, you hereby acknowledge and consent that LearnZA eLearning Marketplace may share such information and data with any third party with whom LearnZA eLearning Marketplace has a contractual relationship to provide the requested product, service or functionality on behalf of LearnZA Online Platforms users and customers.

9. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use LearnZA Online Platforms strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LearnZA eLearning Marketplace that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LearnZA eLearning Marketplace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LearnZA eLearning Marketplace content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LearnZA eLearning Marketplace and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LearnZA eLearning Marketplace or our licensors except as expressly authorized by these Terms.

10. INTERNATIONAL USERS

The Service is controlled, operated and administered by LearnZA eLearning Marketplace from our offices within Zambia. If you access the Service from a location outside Zambia, you are responsible for compliance with all local laws. You agree that you will not use the LearnZA eLearning Marketplace Content accessed through LearnZA.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LearnZA eLearning Marketplace, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Platform using your account.

12. TERMINATION

Either LearnZA eLearning Marketplace or User may terminate this Agreement at any time. LearnZA eLearning Marketplace reserves the right, in its sole discretion, to suspend or terminate your access to the Platform and the related services or any portion thereof at any time, without notice, if you breach these Terms of Use or for any other reason. Upon termination, you must cease all use of the Platform and destroy any content obtained from the Platform.

13. GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of Zambia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Zambia for the resolution of any disputes arising out of or relating to these Terms of Use or your use of the Platform.

14. ENTIRE AGREEMENT

These Terms of Use, together with any amendments and any additional agreements you may enter into with LearnZA eLearning Marketplace in connection with the Platform, shall constitute the entire agreement between you and LearnZA eLearning Marketplace concerning the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LearnZA eLearning Marketplace.

15. SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. WAIVER

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LearnZA eLearning Marketplace’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. LIMITATION OF LIABILITY

In no event shall LearnZA eLearning Marketplace, its affiliates, or their respective officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.

18. DISCLAIMER OF WARRANTIES

The Platform and all content, materials, information, products, and services provided on the Platform are provided on an “as is” and “as available” basis. LearnZA eLearning Marketplace makes no warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or course of performance.

19. FORCE MAJEURE

LearnZA eLearning Marketplace shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. CONTACT INFORMATION

If you have any questions or comments about these Terms of Use or the Platform, please contact us at:

• Email: info@learnza.com
• Phone: +260 772 021 313
• Address: 4 on Bishops Office Park, Bishops Road Kabulonga, Lusaka, Zambia