LearniiZ Terms and Condition

Last Updated 14 Jan 2025

Terms and condition

Welcome to Learniiz ("Learniiz," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the Learniiz platform, websites, mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services. Learniiz is an Australia-based company providing educational content, including English language proficiency test preparation resources (such as materials for PTE tests) and original learning content developed by Learniiz.

1.Description

1.1"User," "you," or "your" means any individual or entity using or accessing our Services, including individuals who create an account with Learniiz, whether on a free trial (if applicable) or paid subscription basis.

1.2"Subscription" means the paid, recurring plan that allows you access to certain features, resources, and content on the Learniiz platform

1.3"Content" means text, audio, video, images, and all other forms of data or communication available through our Services. "Learniiz Content" refers to any content created or owned by Learniiz, including but not limited to courses, lessons, and focus playlist music. "Third-Party Content" refers to content originating from external sources, including real exam questions freely available on the internet.

2.Acceptance of Terms

2.1By creating an account, subscribing, or otherwise using our Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree with these Terms, you must not use our Services.

2.2You represent and warrant that you have the legal capacity to enter into a binding contract under the laws of Australia. If you use our Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

3.Accounts and Eligibility

3.1Account Creation

To access certain features of Learniiz, you may be required to create an account. You agree to provide accurate, current, and complete information when creating your account and to keep this information up to date.

    3.2Account Security

    You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify Learniiz of any unauthorized use of your account or any other breach of security.

      4.Subscriptions and Payment

      4.1Subscription Model

      Learniiz operates on a monthly subscription model. By subscribing, you gain access to all resources within the Learniiz platform, including both Learniiz Content and Third-Party Content (when available).

        4.2Recurring Billing

        Subscription fees recur on a monthly basis (or such other interval as communicated to you during the subscription process) until you cancel. You authorize Learniiz (and any payment processors acting on our behalf) to automatically charge your chosen payment method on each renewal date.

          4.3Cancellation

          You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle. You will not receive a refund for the remainder of the billing cycle in which you cancel.

            4.4No Refund Policy

            Learniiz does not offer refunds for any unused portion of the subscription period. Once a payment is processed, it is non-refundable, except as required by applicable law.

              4.5Payment Issues

              If your payment fails or is declined, Learniiz may suspend or terminate your access to the Services at our discretion.

                4.6Third-Party Payment Processors

                Learniiz uses third-party payment processors, such as Stripe, ESEWA (for users in Nepal), Khalti (for users in Nepal), and other payment gateways to process subscription payments. By subscribing to Learniiz, you agree to be bound by the terms and conditions of these third-party payment processors. Learniiz is not responsible for any errors, issues, or liabilities arising from your use of these third-party payment services.

                  4.7Currency and Taxes

                  All prices are listed in Australian Dollars (AUD)/ Nepalese Currency (NPR). You are responsible for paying any applicable taxes, including sales, use, value-added, or similar taxes that may be imposed on your subscription, except for taxes based on Learniiz's net income.

                    5.Content and Intellectual Property

                    5.1Learniiz Content

                    All content created by Learniiz, including courses in the "Learn" section and focus playlist music, is the exclusive property of Learniiz and/or its licensors. This content is protected by applicable intellectual property laws. You agree not to reproduce, distribute, display, or create derivative works from Learniiz Content without our prior written permission.

                      5.2Third-Party Content

                      Some resources available through Learniiz may be sourced from or mirror real exam questions and other materials freely available on the internet ("Third-Party Content"). Learniiz does not claim ownership over Third-Party Content and provides it solely for educational purposes. If you believe that any Third-Party Content infringes your rights, please contact us.

                        5.3User-Generated Content

                        If you submit or upload any content (such as comments, feedback, or reviews) to the Learniiz platform, you hereby grant Learniiz a worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable, and transferable license to use, reproduce, distribute, adapt, publicly display, and perform such content in connection with operating, marketing, and improving our Services.

                          6.Use of Services

                          6.1License

                          Subject to your compliance with these Terms and your payment of any required fees, Learniiz grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial educational purposes.

                            6.2Prohibited Conduct

                            You agree not to:

                            • Use the Services in any unlawful manner or in violation of any applicable laws.
                            • Interfere with or disrupt the operation of the Services.
                            • Reproduce, duplicate, copy, sell, or exploit any portion of the Services without our express written permission.
                            • Attempt to reverse-engineer, decompile, or otherwise extract source code from the Services.

                            7.Disclaimer of Warranties

                            7.1"As Is" and "As Available"

                            Learniiz provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, Learniiz disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

                              7.2No Guarantee of Results

                              Learniiz does not guarantee that you will achieve any particular academic or test results through use of our Services. Any testimonials or examples shown on our platform are not intended to represent a guarantee of similar outcomes.

                                8.Limitation of Liability

                                8.1To the fullest extent permitted by law, Learniiz, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Services.

                                  8.2If Learniiz is found to be liable to you for any damages or losses connected with your use of the Services, Learniiz’s liability shall not exceed the total amounts paid by you to Learniiz in the six (6) months preceding the event giving rise to such liability.

                                    9.Indemnification

                                    You agree to indemnify, defend, and hold harmless Learniiz and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, or infringement of any third-party rights.

                                    10.Modifications to the Terms

                                    Learniiz reserves the right to modify or update these Terms at any time to reflect changes in our Services, legal requirements, or other relevant factors. We will notify you of any material changes by posting the updated Terms on our website or by email. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes.

                                    11.Termination

                                    Learniiz may, in its sole discretion, suspend or terminate your account or access to the Services at any time, with or without notice, if you violate these Terms or if we believe it is in our best interest to do so. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

                                    12.Governing Law and Dispute Resolution

                                    These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts located in Victoria, Australia, and you consent to the personal jurisdiction and venue of such courts.

                                    13.Entire Agreement

                                    These Terms constitute the entire agreement between you and Learniiz regarding your use of the Services and supersede any prior agreements or understandings between you and Learniiz.

                                    14.Third-Party Services

                                    14.1Payment Processors

                                    subscription payments. Learniiz is not responsible for the acts or omissions of these third-party services. Your use of these services is subject to the respective terms and privacy policies of each service provider.

                                      14.2Links to Third-Party Websites

                                      The Services may contain links to third-party websites or resources. Learniiz provides these links only as a convenience and is not responsible for the content, products, or services available from those websites. Your use of any third-party website is at your own risk and subject to the terms and conditions of that website.

                                        15.Contact Us

                                        If you have any questions or concerns about these Terms or our Services, please contact us at:

                                        Learniiz

                                        Email: support@learniiz.com

                                        Address: 3/5 Corio Street Glenroy VIC 3046

                                        By using our Services, you acknowledge that you have read, understood, and agreed to this Terms_Condition Policy.