1.1 Welcome to the website of Learnfull Ltd (“Learnfull”, “we”, “us”, “our”). We provide online e-commerce services through LEARNEST.xyz (“Website” or “Site”) that allows users (whether you are a school, tutor or parent/guardian) (“you, “your”) to purchase account credits (“Beans”) and study materials (“Materials”) including via subscription plans (in the case of schools and tutors). We are a company registered in England and Wales with company number 13276483 and registered office at Woodgate House, 2-8 Games Road, Cockfosters, England, EN4 9HN.

1.2 The following terms and conditions (“Terms”) govern your access to and use of the Website, including any content, purchase of Beans and Materials, functionality and services offered on the Website (“Services”), whether as a guest, or a subscribed user. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR SERVICES. BY ACCESSING THE WEBSITE, MAKING A PURCHASE OR USING THE SERVICES, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT AGREE TO BE BOUND BY THESE TERMS.

1.3 Please read our Privacy Notice which also governs your use of the Website and Services. We will not use Personal Information (as defined in the Privacy Notice) or cookies in a way that is inconsistent with the purposes and limitations provided in the Privacy Notice.

1.4 The Website is offered to users who are 18 years of age or older, or younger users with the consent of their parent or guardian which is deemed given on the creation of an account by the parent or a guardian on the Website. In the case of younger users, you may use the Website or Services only with the consent of a parent or guardian and provided that your parent or guardian has taken out a subscription plan or purchased Beans on your behalf prior to you accessing the Services. If you do not meet all of these requirements, you must not access or use the Website or Services.

2.1 We may, from time to time, update or modify these Terms or the Privacy Notice without prior notice to you (unless required to do so by applicable law).  All changes are effective immediately when we post them.  For this reason, we recommend that you review the Terms and Privacy Notice whenever you use or access the Website and/or Services. 

2.2 If at any time you do not agree to the Terms or Privacy Notice, please do not use or access the Website or Services.  Your continued use of the Website and Services after any changes to the Terms or Privacy Notice will constitute your acceptance of the changes.   

3.1 The Services and any content viewed through the Website is provided to you by Learnfull solely for your personal and non-commercial use.  This means that you may not permit, assist or enable another person to copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website or Services or any of the content, including but not limited to access or use of the Website or any of the content for any commercial purpose or for any purpose which competes with our business. 

3.2 To be able to make purchases from the Website, you must register and create a login account.  Keep your password safe and secure as you are responsible for all activity that occurs through your account.  You agree that you will not share, sell, transfer, license or assign your account, login credentials, or any account rights (except that your account can be shared within a household with family members i.e. amongst siblings and parents in one household).  When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. 

a) If you are a school, you can register here: https://learnest.xyz/schools/registration/ or if you wish to purchase multiple school licenses, you can make an enquiry here: https://learnest.xyz/schools/multiples/enquiries/ (12 months’ minimum subscription model)

b) If you are a tutor, you can register here: https://learnest.xyz/tutors/registration/ (12 months’ minimum subscription model)

c) If you are a parent/family, you can register here: https://learnest.xyz/account/ (pay as you go model)

3.3 You agree that you will not solicit, collect or use the login credentials of other Learnfull/ learnest.xyz Website users.

3.4 If we discover that you have created an account that violates these rules, we will terminate your account without warning.  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 us at square@learnest.xyz 

3.5 Please ensure your registration details are kept up to date. To help you with this, you can use the following links:

a) If you are a school: https://learnest.xyz/account/ 

b) If you are a tutor: https://learnest.xyz/account/ 

c) If you are a parent/family: https://learnest.xyz/account/ 

4.1 You may access or use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

a) In any way that violates any applicable local, federal, state, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries);

b)To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

c) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by asking for personally identifiable information or otherwise; and

d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

4.2 Additionally you agree not to:

a) Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

b) Use any robot, spider or other automatic device, manual process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

c) Use any device, software or routine that interferes with the proper working of the Website;

d) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

e) Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and

f) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Payments and Payment Methods

5.1 The price of Beans, Materials and related subscription plans shall be the price quoted on the Website on the date of acceptance of the order by us and we reserve the right to amend our prices at any time at our sole discretion.

5.2 Payments for any of our Services can be made by credit/debit card (VISA, MasterCard and AMEX or Apple Pay, as may be updated from time to time), except where you are a school, we will send an invoice for payment to be made by BACS.

5.3 We may use www.stripe.com, a third party service provider to process the payments, or other providers from time to time.  You agree to the terms and conditions for use of those providers and understand that they would be solely responsible for the security, privacy, and processing of those transactions.  You expressly authorise us to charge the credit/debit card or other payment form provided each recurring billing period (where you purchase a subscription plan). If You provide a payment method that results in overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee.

5.4 Purchases made outside of the United Kingdom will be billed to your card provider in Great British Pounds (GBP) but will appear on your credit/debit card statement in your local currency. The final amount billed may vary from that shown on the ‘currency converter’ as a result of the currency exchange rate applied by your credit/debit card provider.

5.5 Any sales or other taxes that are chargeable will be charged at the rates from time to time in force.

Automatic Billing 

5.6 If you are a tutor: by signing up to a subscription plan, you agree to automatic billing to be deducted from the payment form you provided to us and agree to pay the charges made to your account in connection therewith. Except in the case of one-off purchases, your subscription and regular billing of your account will continue indefinitely unless cancelled by you by following the steps described in section 5.8.  To ensure uninterrupted access to your library, we will provide you with sufficient notice prior to the renewal of your subscription plan. Payment will be collected from the same card previously used or other card subsequently notified.


5.7 If you are a school: by signing up to a subscription plan, you agree to automatic billing by way of an invoice for payment to be made by BACS.  Your subscription and regular billing of your account will continue indefinitely unless cancelled by you by following the steps described in section 5.8. To ensure interrupted access to your library, we will provide you with sufficient notice prior to the renewal of your subscription plan.

Cancellations and Refunds

5.8 All payments are non-refundable and we do not offer refunds for partially used periods (where you have signed up for a subscription plan).  You may cancel your account or a recurring subscription plan at any time for any reason.  Where you have a subscription plan, this will mean that your subscription plan does not automatically renew at the end of the subscription period.

a) If you are a school, you can go here to reduce or cancel your subscription plan: https://learnest.xyz/schools/add-or-remove-accounts/

b) If you are a tutor, you can go here to reduce or cancel your subscription plan: https://learnest.xyz/tutors/add-or-remove-accounts/

c) If you are a parent/guardian, you can go here to cancel your account: https://learnest.xyz/parents/close-my-account/

5.9 If you reside in the United Kingdom or European Union and you cancel your account within fourteen (14) days of making payment to Learnfull, provided that you have not yet downloaded any Materials, we will issue a full refund to the payment made by you in connection with such cancelled account.

5.10 If you cancel your subscription plan before the end of the current subscription plan period, we will not refund you any fees already paid to us. We will deactivate your account on the date specified by you, after which you will no longer be able to access the Materials.

5.11

Suspension and termination for non-payment 

5.12 When you make a purchase, you agree not to use an invalid or unauthorised payment method. If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription plan.  If your payment method fails and you still get access to the Materials you are subscribing to, you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

Price Increases 

5.13 We reserve the right to change our subscription plans or adjust pricing for our Services at our sole discretion. Any price changes will take effect following notice to you, except as otherwise required by applicable law.  Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new amount.

6.1 You agree that Learnfull, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service, for any reason, including, without limitation if Learnfull believes that you have violated or acted inconsistently with the letter or spirit of these Terms or, where there has been a twenty-four (24) months’ period of account inactivity. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of our Services, may be referred to appropriate law enforcement authorities. Learnfull may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. 

6.2 You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Learnfull may immediately deactivate or delete your account and all related information and/or bar any further access to the Services. Further, you agree that Learnfull will not be liable to you or any third party for any termination of your access to the Services.  Refunds are not available for accounts which have violated these Terms; violations are determined at Learnfull’s sole discretion.

7.1 We own the intellectual property in all content and Materials, including but not limited to study materials, recap test papers, printable wall art and related metadata, provided to or accessed by you through the Services and/or through the Website and, except as permitted pursuant to clause 3.1, you are not permitted to use, copy, reproduce, disclose, edit, modify, publish or otherwise use the content and Materials. You may not remove any watermarks or copyright notices contained in the Materials.

7.2 All other trademarks, product names, and company names or logos used or appearing on the Website are the property of their respective owners.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Learnfull, unless expressly so stated.

7.3 You may print or download material from this Website only if:

a) it is for non-commercial or personal use;

b) it is not stored on any medium other than for subsequent viewing or for personal use;

c) it is not reproduced, modified, adapted or processed.

7.4 For the purposes of these Terms, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, internet domain names, or other indications of origin now or in the future used or owned by Learnfull.

7.5 Nothing contained herein grants or shall be construed to grant you any rights to use any Learnfull Trademark, unless expressly conferred by these Terms.

7.6 You agree that you will not use Learnfull’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Learnfull.

7.7 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Learnfull Trademarks or the Trademark rights claimed by Learnfull.

7.8 You agree that you will not use any Learnfull Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

7.9 You may not at any time, adopt or use, without Learnfull’s prior written consent any word or mark which is similar to or likely to be confused with Learnfull’s Trademarks.

7.10 You may not use a Learnfull Trademark or other proprietary graphic of Learnfull to link to the Website without the prior written consent of Learnfull.

7.11 You may not frame or link to the Website or any image without the prior written consent of Learnfull.

8.1 Where you are a school or a tutor, you agree to defend, indemnify, and hold Learnfull, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your use of the Website, our Services, your violation of these Terms, or your violation of any law or the rights of a third party.

8.2 Where you are a school or a tutor, in no event shall Learnfull, and (as applicable) Learnfull’s subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our Services or these Terms (however arising, including negligence).  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion may not apply to you.

8.3 Where you are a school or a tutor, Learnfull’s liability, and (as applicable) the liability of Learnfull’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount paid by you during the twelve (12) month period preceding the date a claim for liability arises under these Terms; or (b) five hundred pounds sterling (£500)/equivalent in the currency you have paid.

8.4 Except where you are a family or pupil, all warranties, whether express or implied and whether statutory or otherwise are hereby excluded to the fullest extent permitted by applicable law.

9.1 Your use of the Website and Services is at your own risk. The Website and Services is provided by Learnfull under these Terms “as is” without warranty of any kind, either express, implied, statutory or otherwise. Learnfull expressly disclaims any and all warranties of any kind, whether express or implied, to any of the Services available from the Website, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.

9.2 Without limiting the foregoing, Learnfull makes no warranty that: (i) the Website will meet your requirements; (ii) access to the Website will be uninterrupted; (iii) the quality of the Website will meet your expectations; and (iv) any errors or defects in the Website, Services or Materials will be corrected. Learnfull makes no representations or warranties that the Website will be permitted in your jurisdiction, that the Site will meet your needs, or that Learnfull will continue to support any particular feature of the Website. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Website, and no warranties shall apply after such period.

10.1 In the event that the Website or Services is available through any third-party platform, or if Learnfull provides links from the Website to any third-party platform or permits any third party to link from its platform to the Website, you understand and agree that Learnfull makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Learnfull, and Learnfull provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Learnfull.

11.1 All matters relating to the Website, Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice or conflict of law provision or rule.

11.2 Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted by us exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.3 If you live in England, you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.  If you live in another jurisdiction and took out the subscription plan as a resident in that jurisdiction, you may have the right to bring proceedings in the jurisdiction in which you are resident.

12.1 No waiver by Learnfull of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Learnfull to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.3 You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

12.4 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.

12.5 These Terms and Privacy Notice constitute the sole and entire agreement between you and Learnfull with respect to the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

13. 1 If You have any questions regarding the Website, these Terms, our Privacy Notice, or the content of the Website, You may contact us at: square@learnest.xyz