Terms and Conditions of Use

 

Conditions of Use

 

 

 

Last updated: July 3, 2014

 

 

 

Welcome to learnington-ng.com. Learnington Book Store provides website features and other products and services to you when you visit or shop at learnington-ng.com, use Learnington Book Store products or services, use Learnington Book Store applications for mobile, or use software provided by Learnington Book Store in connection with any of the foregoing (collectively, "Learnington Book Store Website Services"). Learnington Book Store provides the Learnington Book Store Website Services subject to the following conditions.

 

 

 

By using Learnington Book Store Website Services, you agree to these conditions. Please read them carefully.

 

 

 

We offer a wide range of Learnington Book Store Website Services, and sometimes additional terms may apply. When you use an Learnington Book Store Website Service (for example, Your Profile, Gift Cards, Learnington Book Store Instant Video, Your Media Library, or Learnington Book Store applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Learnington Book Store Website Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

 

 

PRIVACY

 

Please review our Privacy Policy Notice, which also governs your use of Learnington Book Store Website Services, to understand our practices.

 

 

 

ELECTRONIC COMMUNICATIONS

 

When you use any Learnington Book Store Website Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Learnington Book Store Website Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

 

COPYRIGHT

 

All content included in or made available through any Learnington Book Store Website Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Learnington Book Store or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any Learnington Book Store Website Service is the exclusive property of Learnington Book Store and protected by Nigerian and international copyright laws.

 

 

 

TRADEMARKS

 

We have a non-exhaustive list of Learnington Book Store trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Learnington Book Store Website Service are trademarks or trade dress of Learnington Book Store in Nigeria and other countries. Learnington Book Store's trademarks and trade dress may not be used in connection with any product or service that is not Learnington Book Store's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Learnington Book Store. All other trademarks not owned by Learnington Book Store that appear in any Learnington Book Store Website Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Learnington Book Store.

 

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Learnington Book Store or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Learnington Book Store Website Services. This license does not include any resale or commercial use of any Learnington Book Store Website Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Learnington Book Store Website Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Learnington Book Store or its licensors, suppliers, publishers, rightsholders, or other content providers. No Learnington Book Store Website Service, nor any part of any Learnington Book Store Website Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Learnington Book Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Learnington Book Store without express written consent. You may not use any meta tags or any other "hidden text" utilizing Learnington Book Store's name or trademarks without the express written consent of Learnington Book Store. You may not misuse the Learnington Book Store Website Services. You may use the Learnington Book Store Website Services only as permitted by law. The licenses granted by Learnington Book Store terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

If you use any Learnington Book Store Website Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Learnington Book Store does sell products for minors, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Learnington Book Store Website Services only with involvement of a parent or guardian. Learnington Book Store reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, photos, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Learnington Book Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Learnington Book Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Learnington Book Store and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Learnington Book Store for all claims resulting from content you supply. Learnington Book Store has the right but not the obligation to monitor and edit or remove any activity or content. Learnington Book Store takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

 

Learnington Book Store respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

RISK OF LOSS

 

All items purchased from Learnington Book Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

 

Learnington Book Store does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Learnington Book Store does not take title to the refunded item. For more information about our returns and refunds, please see our Delivery, Return, Refund and Cancellation Policy.

 

PRODUCT DESCRIPTIONS

 

Learnington Book Store attempts to be as accurate as possible. However, Learnington Book Store does not warrant that product descriptions or other content of any Learnington Book Store Website Service is accurate, complete, reliable, current, or error-free. If a product offered by Learnington Book Store itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

 

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Learnington Book Store Website Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

 

 

 

With respect to items sold by Learnington Book Store, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Learnington Book Store is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

 

LEARNINGTON BOOK STORE SOFTWARE TERMS

 

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Learnington Book Store Website Services (the "Learnington Book Store Software").

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE LEARNINGTON BOOK STORE WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNINGTON BOOK STORE WEBSITE SERVICES ARE PROVIDED BY LEARNINGTON BOOK STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LEARNINGTON BOOK STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LEARNINGTON BOOK STORE WEBSITE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNINGTON BOOK STORE WEBSITE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEARNINGTON BOOK STORE WEBSITE SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LEARNINGTON BOOK STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEARNINGTON BOOK STORE DOES NOT WARRANT THAT THE LEARNINGTON BOOK STORE WEBSITE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEARNINGTON BOOK STORE WEBSITE SERVICES, LEARNINGTON BOOK STORE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LEARNINGTON BOOK STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEARNINGTON BOOK STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LEARNINGTON BOOK STORE WEBSITE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LEARNINGTON BOOK STORE WEBSITE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any Learnington Book Store Website Service, or to any products or services sold or distributed by Learnington Book Store or through learnington-ng.com will be resolved by binding arbitration, rather than in court.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Zephyr Technologies Nigeria  Limited, 3 F13 close, Mount Pleasant, Mbora, Jabi – Airport Road, Jabi, Abuja, Nigeria. The arbitration will be conducted by the Lagos Multi-Door Courthouse under its rules. Payment of all filing, administration and arbitrator fees will be governed by the Lagos Multi-Door Courthouse's rules. We will reimburse those fees for claims totaling less than N50,000 unless the arbitrator determines the claims are frivolous. Likewise, Learnington Book Store will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or Reference number used to make purchases for retail purchase information.

 

Additional Learnington Book Store Software Terms

 

Use of the Learnington Book Store Software. You may use Learnington Book Store Software solely for purposes of enabling you to use and enjoy the Learnington Book Store Website Services as provided by Learnington Book Store, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Learnington Book Store Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Learnington Book Store Software or otherwise assign any rights to the Learnington Book Store Software in whole or in part. You may not use the Learnington Book Store Software for any illegal purpose. We may cease providing any Learnington Book Store Software and we may terminate your right to use any Learnington Book Store Software at any time. Your rights to use the Learnington Book Store Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Learnington Book Store Software that are specifically identified in related documentation may apply to that Learnington Book Store Software (or software incorporated with the Learnington Book Store Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Learnington Book Store Website Service is the property of Learnington Book Store or its software suppliers and protected by United States and international copyright laws.

 

Use of Third Party Services. When you use the Learnington Book Store Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Learnington Book Store Software, whether in whole or in part, or create any derivative works from or of the Learnington Book Store Software.

 

Updates. In order to keep the Learnington Book Store Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.