Effective Date: 22/06/2024
By accessing https://arkerslearn.com/ (the website owned and managed by Arkers Labs (Pvt) Ltd, a company duly incorporated and registered under the laws of Sri Lanka and bearing registration number PV00221184 and having its business office at No 24/1 A, Paraththa Road, Gorakana, Keselwatte (unless repugnant to the text or meaning thereof mean Arkers Labs (Pvt) Ltd its successors and permitted assigns ), you agree to accept and be bound by the Terms and Conditions specified herein as well as any other rules and policies of the Site that Arkers Labs may publish from time to time
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ARKERS LABS (PVT) LTD, (hereinafter “Arkers Labs” or “Arkers Learn” or “We” or “Our” or “Us”) GOVERNING YOUR USE OF THIS WEBSITE.
ACCEPTANCE OF THE TERMS
You must be of legal age (above 18) or minors must only access the website under the perusal of the legal guardian. It is mandatory to fulfill either one of the above conditions to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, please do not access the website. By accessing https://arkerslearn.com/, (hereinafter referred to as “Arkers Learn”) you are agreeing that you have read, and agree to comply with and be bound by, the terms of this agreement in their entirety without limitation or qualification.
DESCRIPTION OF SERVICE
All information and service provided by Arkers Learn or otherwise accessible via https://arkerslearn.com/ or any other website or IP address designated or accessible via links available through Arkers Learn, and (ii) any materials, content, or other offline components provided by Arkers Learn through the Site (the “Materials”) do not amounts to any professional educational advice/ substitute and all content, including text, graphics, images, and information, contained on or available through this Site is for general information purposes only. Your reliance on any information available through the Site or links or Materials is solely at your own risk.
Arkers Learn serves only as an intermediary service for Individual Teaching Session/ Class Scheduling for the service providers for service providing requisites. Further, Arkers Learn provides information pertaining to teaching service providers or any other type of service providers. Nonetheless, we do not warrant that such teaching service providers or any other type of service providers listed on the Site are currently or properly qualified. Under no circumstances should the Site be used to verify the credentials/ qualifications of teaching service providers or any other type of service providers. We do not recommend or endorse any service provider or providing education services. Your reliance on any information available through this Site or in the Materials is solely at your own risk.
MODIFICATION OF TERMS OF USE
We may modify the Terms without or upon notice to you at any time through a service announcement. Your continued use of our Service after the effective date of any change to the Terms will be deemed to be your acceptance to the modified Terms.
PERSONAL INFORMATION AND PRIVACY
The personal information you provide to Arkers Labs (Pvt) Ltd. through the Service is governed by our privacy policy accessible via https://arkerslearn.com/privacy-policy/. Your election to use the Service indicates your acceptance of the terms of the privacy policy and you are responsible for maintaining confidentiality of your username, password, and other sensitive information.
LICENSE GRANT
Arkers Learn hereby grants you a limited, non-exclusive, non-transferable, license to access the Site and download the Materials solely for your personal, non-commercial use, provided that any accessible or downloaded content is used subject to the terms stated herein.
You may:
- temporarily store copies of such materials on your computer incidental to your accessing and viewing those materials;
- store files that are automatically cached by your web browser for display enhancement purposes;
- print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
- You may download a single copy of the Materials to your computer or mobile device solely for your own personal, non-commercial use.
RESTRICTIONS ON USE
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer the Services/material or otherwise make it available to any third party;
- use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Arkers Labs (Pvt). Ltd or any third party ;
- violate any applicable local, state, national or international law; and
- create a false identity/content to mislead any person as to the identity or origin of any communication.
ILLEGAL ACTIVITIES
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
DATA OWNERSHIP
Arkers Labs (Pvt) Ltd has the sole ownership of all data and material available on the site and shall not be used other than as per these terms. Do not hesitate to contact Arkers Learn via [email protected], for any inquiries or intellectual property rights issues (hereinafter referred to as IP issues).
TRADEMARK
Arkers Labs (Pvt.) Ltd name, Arkers Labs (Pvt.) Ltd logo is a trademark of ARKERS LABS (PVT) LTD. You agree not to display or use, in any manner, the Arkers Labs (Pvt.) Ltd trademarks, without Arkers Labs (Pvt.) Ltd’s prior permission. Do not hesitate to contact Arkers Learn via [email protected], for any inquiries or intellectual property rights issues.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CONTENT; MATERIAL AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. ARKERS LABS (PVT) LTD, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKERS LABS (PVT) LTD, MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANY THIRD PARTY’S HEALTH, LIFE, COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL OR YOUR ACTIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ARKERS LEARN, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT ARKERS LABS (PVT.) LTD, SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER DAMAGE OR ANY OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE AND SITE, EVEN IF ARKERS LABS (PVT) LTD, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARKERS LABS (PVT.) LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AFFILIATES, FROM AND AGAINST ANY LOSSES, DAMAGES, FINES, AND EXPENSES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY CLAIMS THAT ARISE DUE TO YOUR RELIANCE ON THE ARKERS LEARN OR CLAIMS ARISE DUE TO YOUR ACTIONS IN VIOLATION OF ANOTHER PARTY’S RIGHTS, PROPERTY, INTELLECTUAL PROPERTY RIGHTS, IN VIOLATION OF ANY LAW, IN VIOLATIONS OF ANY PROVISIONS OF THE TERMS, OR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES.
ARBITRATION
You shall make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms of Use through negotiation. If the parties fail to resolve, any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration as per the Arbitration Act No. 11 of 1995. The Arbitration proceedings shall be held in the city of Colombo and the language of the proceedings shall be in English/ Sinhala.
Notwithstanding anything to the contrary, Arkers Labs (Pvt) Ltd may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
SURVIVABILITY
The obligations and liabilities incurred by you prior to the termination, suspension shall survive the termination of these Terms of Use for all purposes.
RELATIONSHIP
No joint venture, partnership, employer-employee relationship, or agency relationship exists between you and Arkers Labs (Pvt) Ltd as a result of this agreement or use of the Site. You shall not have the authority to bind Arkers Labs by any promise or representations.
ASSIGNMENTS
You may not assign any of your rights under these Terms of Use to anyone else. We may assign our rights to any other individual or entity at our discretion.
FORCE MAJEURE
The failure or delay of Arkers Labs (Pvt) Ltd in the performance of any part of the Service, for any reason beyond our control, which includes, but not limited to, acts of God, severe weather conditions, floods, earthquakes, embargoes, war, terrorist acts, riots, fires, nuclear accidents, strikes, power blackouts, volcanic action, epidemics, and pandemics shall not amount to a violation of this terms.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. And any ambiguities in the construction of these Terms of Use shall not be construed against the drafting party.
SEVERABILITY
If any clause of these Terms of Use is unenforceable, then the rest of the Terms of Use will still be valid.
NON WAIVER
The failure of us to enforce any right, power, or privilege provided under these Terms of Use shall not constitute a waiver of such right or provision.
PAYMENT AND CANCELLATIONS
The displayed class fee is only for one class session.
All payments are non-refundable. Still, Rescheduling can be requested 24 Hours Prior to the Online Individual Class Date and Time. (After checking the feasibility of the same, rescheduling is granted.)
DEVICES AND ACCESS TO SESSIONS
You have to log in to the session within 10 minutes of the scheduled time to avoid teaching session cancellation.
Only you are allowed to access the video session with one device (mobile device/ computer/ tablet device) after placing the teaching appointment.
For optimum service experience, a laptop/ desktop with a webcam is recommended. Still tablet computers and smartphones with a front camera could support delivering the service.
NOTICES
Any notice to you will be effective when we send it to the last email or physical address you have given to us. Any notice to us will be effective when delivered to us. You can contact us through [email protected]
END OF TERMS OF USE
If you have any questions or concerns regarding this Agreement, please contact us at [email protected]