Terms and Conditions

License Agreement for the use of Coconut Learning "LMS" e-Learning platform and its contents (“Platform”).

(“License Agreement”)

  1. Client is kindly requested to read the terms carefully because by using the LMS, the User agrees to respect them all.

    If you do not agree to the terms and conditions of use below, then you are not authorized to use the Platform and the Courses delivered through it.

  2. Condition of use

    Coconut Learning (CL) allows access to and use of the platform and the courses on the following conditions:

    1. The LMS platform and the Courses delivered through it are available once payment has been made in accordance with the business proposal set out by CL and subscribed to by the Client. Access is activated for the Users nominated by the Client (“User” or “Client” or “You”) and only for the plan they chose from the website. At the end of the period, CL may proceed to block User access to the course(s) and/or to LMS if those Users do not have access to other Courses.
    2. The User agrees to use the Platform only for legitimate purposes and not to violate the rights of anyone else or not to limit or inhibit its legal use for anyone else. Prohibited behavior include, in addition to acts of piracy or acts which limit or prevent the availability of the LMS, also causing injuries or harassment to any other user, the transmission of obscene things, the access to the platform if not holding an ID or when impersonating other users. CL will closely monitor the occurrence of these behaviors and, if found, will, at its sole discretion, remove access to the platform for the user(s)/Client who have been guilty of such acts.
    3. It is forbidden to probe, scan or test the accessibility and/ or vulnerability of the Platform or any network to which it is connected, or to violate the security or authentication measures of the Platform or any other network to which it is connected.
    4. It is forbidden to interfere, using any automatic or manual appliance, program, algorithm or other means, with the correct functioning of the Platform or any operation conducted on it.
    5. Each User is responsible for any content published on the Platform such as, and this is purely an example, messages or exercises solutions. The User relieves CL of any responsibility in relation to any content published.
    6. The User will notify CL immediately if they notice other Users behaving in a way that is in violation of these conditions. They will also relieve CL from any responsibility and exempt them (CL) from any request for compensation for damage or loss when such damage or loss has not been caused by the CL.
  3. PAYMENT FOR SERVICES

    1. Certain features of the Services may require Client to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in GBP( £ ) and, unless explicitly provided otherwise herein, are non-refundable
    2. Price: CL reserves the right to determine pricing for the Services. CL will make reasonable efforts to keep pricing information published on the website up to date, available at /prices. We encourage you to check our website periodically for current pricing information. CL may change the fees for any feature of the services, including additional fees or charges, if CL gives you advance notice of changes before they apply. CL, at its sole discretion, may make promotional offers with different features and different pricing to any of CL’ customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement. The fees set forth in the applicable Order or ordering interface are exclusive of all federal, state, municipal, or other government excise, sales, use, value added or other taxes now in force or enacted in the future, and Client shall pay any such tax (excluding taxes on CL’ net income) that CL may be required to collect or pay now or at any time in the future with respect to such fees. Unless otherwise set forth in the Order, Client shall pay all CL’s’ undisputed invoices within 30 days after User receives invoice. Payment of the amounts due to User shall be made in accordance with the payment schedule set forth on the Order or other ordering interface.
    3. Authorization: Client/User authorize CL’s or a third party payment processor to charge all sums for the Orders you enter into, orders that you make and any level of Services you select as described in this Agreement or published by CL, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, a third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    4. Subscription Services. The paid Services may include automatically recurring payments for periodic charges (“Subscription”). The price, term, and restrictions of any Subscription will be set forth in an applicable Order. If you activate a Subscription, you authorize CL to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first Subscription. For information on the “Subscription Fee,” please see our /prices page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next Subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription via your Portal (under Account and Settings) or by contacting us at help at CoconutLearning.com. If User terminates the Subscription for convenience within the first 4 months of an annual Subscription, User will be eligible to receive a prorated refund of pre-paid amounts, excluding a cancellation fee of 10% deducted from such refund. Such refund is not available with respect to any renewal Subscription period. If you elect not to renew a Subscription, your account will be downgraded to the free version of the Services and you acknowledge and accept that this may result to UserContent becoming inaccessible or permanently deleted.
    5. Delinquent Accounts: CL may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
    6. PAYMENTS TO CL: If you offer third parties or Authorized Users a User Course Store Course or User Delivered Course, as applicable, in exchange for a fee, then you may receive the fees charged less certain fees and expenses (your “Client Fees”) using CL’s third-party service provider (e.g., Stripe). You may select the fee, as well as the bundling of materials in exchange for a discount, if CL makes such option available. You may be required to have an account with that third-party service provider or with another financial institution in order to receive your UserFees, and you may be charged fees for any related processing services. Any fees charged by CL’s third-party service provider or by any other financial institution are between you and that provider or institution and may be subject to their terms and conditions or any agreement you have with them. CL may place limits on the balance of User Fees you need in order to cash out and on the amount of User Fees you may cash out in any given day or transaction, and CL may update these limits from time to time at its discretion. In no event may User cash out more than $1,000 per day.
    7. It is agreed between the Parties that all the User shall make the payment of the Subscription through payment gateway provided by CL, the said fee of the User shall be credited in CL account. CL hereby agrees that, the User accounts payment will be settled with the Client on monthly basis.
  4. Intellectual Property

    1. All copyrights, brands, materials, rights, patents and other intellectual property (registered and non-registered by CL) and all the contents that are on the LMS platform must remain property of CL or of other declared legitimate owners with the consent given by CL. The User agrees not to infringe any intellectual property rights of the content of the Platform (Courses included) and of the Platform itself and to accept and respect the property of such rights and all the regulations that protect them.
    2. It is forbidden to copy, reproduce, republish, break apart, dis-compile, download, send, distribute, transmit, or make available to the public any material or content or portion, file or information on the Platform.
    3. You are allowed to copy and print material from the Platform only for personal use and for the training purposes for which it was designed.
    4. The User will be held directly responsible for any improper use or distribution of the material and from the damage that derives from that.
  5. Accuracy of the content and the information:

    1. The training material contained on and delivered by the Platform and the Platform itself have been accurately checked to the best of our knowledge. The Courses are a accredited by independent third parties/Clients where stated. However, any guarantee for the Platform and all its contents not strictly covered by the appropriate law are excluded.
    2. In particular, the CL teachers and CL itself cannot be held responsible in any way for possible damages, direct or indirect, which are a consequence of the use of the contents present on the Platform and the Platform itself.
    3. The content of any links to external sources of information that are present on the Platform must not be considered or interpreted as having been approved by CL.
    4. These conditions of use are only applicable to the Platform and as such cannot be applied to the content of other websites referenced on it. It is therefore recommended that you read the conditions of use and the privacy policy that regulates these web sites.
  6. Responsibility Security and Service conformity

    1. Although CL has strived to provide the maximum possible during the planning, programming and delivery of the services offered via the Platform, it cannot guarantee that the Platform itself or any of its content, services or functions are without error, available without interruptions, compatible with all kinds of hardware or software (browser for example) or that potential defects are correct or that the use of the Platform will provide the results expected by the Client and / or User. The Platform and its contents are therefore offered and delivered “as they are” and “as available” without any guarantee of suitability for specific uses. CL works, as a Licensor and does not guarantee for the content provided and placed by the Client in the platform curated by the Client.
    2. A minimum of suitable skills and equipment are required for the use of the Platform and the Courses available via it. The details related to such requirements are available on the site www. Professional service CL.com
    3. The failure to satisfy the requirements needed to use the Platform could lead to problems with the use of the materials for which CL cannot be held responsible.
    4. Although CL pays particular attention to ensuring the highest possible security for the Platform, it cannot guarantee that any file or data downloaded from it is free of viruses, contamination or negative effects. The responsibility for periodic checks and all the measures intended to pick up on and minimise the impact of viruses or other attacks on the User’s personal computer are entirely the responsibility of the User.
    5. Analogically, it is the responsibility of the User to ensure the correct use and conservation of the date needed for the User ID.
  7. TERM AND TERMINATION:

    1. Term of Agreement: The term of this Agreement will commence on the Effective Date and will continue in effect unless terminated in accordance with this Agreement (the “Term”). On the effective date of termination of this Agreement, all then-current Subscriptions under the Agreement will also terminate unless otherwise agreed by Client and CL.
    2. Termination for Cause. Either party shall have the right at any time, by giving notice, to terminate this Agreement without liability to the other on the occurrence of any of the following events: (a) if the other party commits a breach of any of the terms and conditions of this Agreement and such breach has not been rectified within thirty (30) days after receipt of notice to rectify served on the defaulting party by the other party; (b) if the other party becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits an appointment of a receiver for its business or assets, becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, is liquidated, voluntarily or otherwise, or suffers any similar action in consequence of debt; or (c) if the other party engages in illegal activities.
    3. Termination for Convenience: User may terminate this Agreement any time without cause upon 30 days’ prior written notice to CL, in which case Clause 3.4 shall be applicable of this License Agreement.
    4. Effect of Inactivity. If User has a free version account, and does not log into an account for more than 365 days, that account will be permanently deleted. CL will provide bimonthly (every 60 days of inactivity) reminder notifications before deleting Customer’s account. Upon such account deletion, all Client’s Content will become inaccessible and may be permanently deleted.
    5. Effect of Termination. Upon termination of these this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay CL any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 1, 5, 7, 8 and 10 will survive.
    6. Modification of the Services: CL reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. CL will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
  8. User ID

    1. All of the LMS functions and services are available only with the creation of a specific User ID. A User ID is created by CL for every User and, is associated and communicated to that User. The User is entirely responsible for keeping the information relating to the User ID confidential (including user name and password) and is also responsible for what may happen if they fail to do so.
    2. In particular, the User must:

      1. always disconnect from the Platform when he leaves his PC unattended;
      2. not transmit information relating to User ID via mail without encrypting it.
    3. By using the Platform:

      1. You recognise the need and agree to notify CL immediately if you become aware of any unauthorised use of the User ID.
      2. You agree not to use the User ID of any other User;
      3. Recognise that CL cannot be held responsible for any damages or losses that derive from your failure to understand these obligations.
  9. Responsibility

    1. CL does not accept responsibility for direct or indirect damages, losses for the Client and or User or any third party that derives from the use of the Platform or its contents, unless there is a specific legal obligation and even then only minimally.
    2. You agree to defend, protect and keep CL and all its staff exempt from claims, responsibilities, damages, losses or expenses including legal expenses, that derive from or are connected to your violation of these terms and conditions of use.
  10. Personal Data

    1. The Data Controller of the Platform data is Coconut Learning - Srl headquartered in United Kingdom.
    2. In order to use the platform, the Client will necessarily have to provide the following personal data: name and email address.
    3. By accepting these conditions of use, your consent to process personal data will be considered automatically given at every LMS platform access.
    4. By not accepting the conditions, CL will not be able to allow the use of the Platform.
    5. When known by CL, also the following data will be inserted in the Platform: city/town, country, platform use preferences (for example language, time zone). The Client could modify them himself using the Platform functionalities.
    6. During the access to the Platform, data related to its use will be collected automatically, in order to evaluate the progress of the learning activities, in particular: course material the User accessed to, access duration.
    7. Such information is not used by or communicated to third parties, for example, the employer, until the Client gives his/her explicit consent.
    8. User hereby also acknowledges and agrees that CL processes personal data related to Client, (including Affiliates) connection data created through the use and operation of the Services, in order to administer or manage CL’ delivery of Services, as well as information about the contractual commitments between CL and Client, for the purpose of billing and collection of payments, and of observing compliance with User’s obligations under this Agreement. Client hereby acknowledges and agrees that CL also processes information and personal data that the CL collects, when Client submits a request for support services or other troubleshooting, including information about hardware, software and other details related to the support incident, such as authentication information, information about the condition of the service, and error-tracking files. CL processes such personal data in order to respond to the request and solve the problem eventually reported. Useralso hereby acknowledges and accepts CL’s Privacy Policy (available at /privacy ).
    9. CL shall process information and personal data under this paragraph for the Term of the Agreement and until collection of payments, unless processing after the Term is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
    10. CL is a licensing Platform to the Client, any personal information of the User shall not be under CL liability, Cl shall only be collecting data for no of user/student for the purpose of GB storage space in Platform provided by CL. Hence, CL shall only be responsible for Client’s personal information and not its user personal information mentioned in Platform purchased by the Client from CL.
    11. For any additional information on the processing of personal data or for the exercise of personal rights in accordance with EU 2016/679 (GDPR) regulation, please contact the data controller writing to: privacy@coconutlearning.com.
  11. Ruling Court

    1. For any disputes that may arise in relation to the use of the Platform and its contents, laws of England & Wales will be applied and they will be dealt with by the court in England & Wales