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KNOW US
WHO WE ARE
Way2Learn was founded to solve a problem too many families,
schools, and educators across Ghana know well. Bright learners who fall behind
simply because reading is difficult now has the requisite materials to help
them read.
In classrooms with large student numbers, limited resources,
and inconsistent internet access, traditional learning methods leave struggling
readers behind. Parents feel helpless. Teachers are overwhelmed. And learners
lose confidence long before they lose potential.
Way2Learn exists to change that.
We design and distribute practical learning technologies
like the Scan Reader Pen that help learners read, understand, and learn at
their own pace. Our solutions work offline, integrate easily into schools and
homes, and support students with reading difficulties, ESL challenges, and
learning differences.
MISSION
To make literacy accessible, inclusive, and practical for
every learner in Ghana and across Africa by delivering learning solutions that
work offline, support diverse learning needs, and build real reading
confidence.
VISION
A future where no child or adult is left behind because of
how they read, learn, or process information—where every learner has the tools
to succeed independently, regardless of location, ability, or access to
technology.
FOUNDER'S STORY
Way2Learn was founded from lived experience not theory.
Before Way2Learn, the founder worked closely with schools
and families across Ghana and Kenya marketing a learning product for children.
While the solution helped many families, a clear limitation kept surfacing: it
only worked with specific books, struggled to support dyslexic learners, and
did not fully meet the needs of families who learn differently or require
independent, flexible support.
Over time, parents asked harder questions.
Teachers shared deeper frustrations.
And struggling learners revealed a painful truth; the problem wasn’t
effort or intelligence; it was access to the right kind of support.
That experience became the turning point.
Way2Learn was created to go beyond book-bound learning and
one-size-fits-all tools. The focus shifted to solutions that work with any
printed material and for the entire family learning experience.
Support dyslexia, vision impaired and ESL learners. Parents can use for
document review or foreign language study. Function both offline and online,
and empower learners to study independently without waiting for a teacher,
tutor, or parent to step in.
The Scan Reader Pen represents that evolution: a tool shaped
by real classrooms, real parents, and real learning challenges in Ghana.
Way2Learn is not starting from zero; it is building on years
of frontline insight, listening deeply to what didn’t work, and intentionally
designing something better. That is our edge. And that is why educators,
parents, and partners trust us to scale this solution across Ghana and into
Africa.
TERMS AND CONDITION
Last Updated: 17th February, 2026.
Welcome to Way2Learn. By accessing or using our website and
services, you agree to comply with the following Terms and Conditions. Please
read them carefully.
1. ACCEPTANCE
By accessing our website or enrolling in our programs, you
agree to be bound by these Terms & Conditions and our policies. If you do
not agree, please do not use our services.
2. CHANGE IN TERMS
We may change, modify, add or remove portions of this
Agreement or our Privacy Policy (each, an “Update”) at any time and in
our sole discretion upon notice to you, and such Updates will be effective
immediately. If we make Updates to this Agreement, we will change the “Last
Modified” date above, which shall constitute notice to you. Your continued use
of the Services is deemed to confirm your acceptance of the Update. We
encourage you to frequently review this Agreement and our Privacy Policy to
ensure you understand the latest terms and conditions associated with use of
the Services. If you do not agree to the Update, you must discontinue using the
Services.
3. GENERAL CONDITIONS
Our Services are not directed to minors, and any use by
minors should only be done with the guidance, supervision and consent of their
parents, guardians and/or authorized school officials. We do not knowingly
collect personal information from minors without parental consent. If we learn
that we have inadvertently collected information from children without such
consent, we will promptly delete it. We reserve the right to refuse to provide
the Services to anyone for any reason at any time to the extent permitted by
law.
4. WAY2LEARN SERVICES
Intellectual Property: We own and retain all proprietary
rights in the Services, and in all content, trademarks, trade names, service
marks and all other elements related thereto. The Services contain the
copyrighted material, trademarks, and other intellectual property and
proprietary information of WAY2LEARN and its licensors. You agree to not copy,
modify, transmit, create any derivative works from, make use of, or reproduce
in any way any part of the Services, or any copyrighted material, content, trademarks,
trade names, service marks, or other intellectual property or proprietary
information accessible through the Services. You agree to not remove, obscure
or otherwise alter any proprietary notices appearing on or within the Services,
including copyright, trademark and other intellectual property notices.
License: Subject to these Terms, WAY2LEARN
grants you a limited, non-exclusive, non-sublicensable, non-transferable,
revocable license to access and use the Services using a supported web browser
(such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) or
mobile device solely for your own personal purposes and solely as enabled by
WAY2LEARN. This license is personal to you and may not be assigned or
sublicensed to anyone else. You agree not to use the Services for any other
purpose. All rights not expressly granted by WAY2LEARN are reserved.
Changes: The Services are evolving and may
change over time. WAY2LEARN, its affiliates, and its licensors reserve the
right to change, suspend, remove, or disable access to the Services or other
materials comprising any part of the Services at any time without notice. In no
event will WAY2LEARN be liable for making these
changes. WAY2LEARN may also impose limits on use of or access to
certain features or portions of the Services without notice or liability. We
shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Services.
Requirements: Use of the Services requires
compatible devices, Internet access, and certain software; may require periodic
updates; and may be affected by the performance of these factors. High-speed
Internet access is strongly recommended. The latest version of required
software is recommended to access the Services and may be required for certain
transactions or features, and to download products purchased from the Services.
You agree that meeting these requirements, which may change from time to time,
is your responsibility, and WAY2LEARN has no responsibility or
liability for your failure to meet such requirements. The Services are not part
of any other product or offering, and no purchase or acquisition of any other
product shall be construed to represent or guarantee you access to the
Services.
Wireless: You may access certain Services
through a mobile network, your network, or roaming providers’ networks.
Standard messaging, data, and other fees may be charged by the provider to
access the Services. Your carrier may prohibit or restrict certain Services and
certain Services may be incompatible with your carrier or wireless internet
device. We are not responsible for any charges you incur from your
telecommunications carrier as a result of your use of the Service. You are
responsible for ensuring that, at all times while using the Services, you are
not in violation of your agreement with your telecommunications carrier.
5 . YOUR CONTENT AND SUBMISSIONS
As between you and WAY2LEARN, you own all content and
materials (such as, for example, your notes, files, images or electronic
documents) that you write, scan, upload, send, store, transmit, or submit, or
otherwise provide (collectively, “notes”) in connection with your use of the
Services (collectively, “Your Content”). Consistent with our first principle of
data protection - your Content is yours, you can manage your information simply
by logging into your account and editing your information directly within the
APP. When you use WAY2LEARN products Software on your device, some of
your data will be stored locally on that device, and the data will be
replicated on servers maintained in our server, so that you can sync your
Content with different devices by using the same account.
You represent and warrant that Your Content will not include
any information that is personal financial information, sensitive information,
personal health information or protected health information (as defined under
applicable law).
You understand that Your Content may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices.
User Submissions:
You may be able to submit or post certain specific
submissions (for example, contest entries) to us or on our Site, including, but
not limited to, testimonials, product endorsements, content, comments,
questions, opinions, feedback, ideas, suggestions or other materials
(collectively, “User Submissions”). WAY2LEARN reserves the
right (but not the obligation) to remove or edit such User Submissions, at its
sole discretion. You agree that WAY2LEARN has no obligation (1) to
maintain any User Submission in confidence; (2) to pay compensation for any
User Submission; or (3) to respond to any User Submission. You agree not to use
a false email address, pretend to be someone other than yourself, or otherwise
mislead us or third parties as to the origin of any User Submission.
You own any User Submission you submit to us or post on our
Site. However, if you do supply a User Submission as part of the Services, you
automatically grant to WAY2LEARN, its affiliates, licensees and
successors, an irrevocable, perpetual, non-exclusive, transferable,
sub-licensable, fully paid-up, worldwide right and license to use, reproduce,
modify, edit, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media,
including, without limitation, in connection with advertising our product and
reviews.
You further agree that any User Submission you post may be
viewed by other Users and may be viewed by any person visiting or participating
in the Services. Although you may be able to remove your User Submission by
specifically deleting it, in certain instances, some of your User Submission
may not be completely removed and copies of your User Submission may continue
to exist on the Services. We are not responsible or liable for the removal or
deletion of (or the failure to remove or delete) any of your User Submissions.
Electronic Communications: When you use parts of the
Services or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on our Site or through the other
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 and are effective
immediately. To opt out of receiving any marketing communications from us,
please follow the unsubscribe link in the applicable correspondence. Note that
you may continue to receive communications related to the Services.
6. PRODUCTS OR SERVICES (if applicable)
If you purchase products as part of the Services, this
Section 6 applies to you. WAY2LEARN’s products may be available through
our online retail partners, which may have their own terms of use and privacy
policies that we encourage you to review.
Availability: Limitations or Refusals. We do not
guarantee the availability of any product, even if our Site shows that a
particular product is available. All descriptions of products or product
pricing are subject to change at any time without notice, at our sole
discretion, and we do not provide price protection or refunds in the event of a
price reduction or promotional offering. We may not have all products or
product lines available online. If a product becomes unavailable following a
transaction, your sole remedy is a refund, replacement (if a replacement is
available), or credit. If technical problems prevent or unreasonably delay
delivery of your product, your sole remedy is either replacement or refund of
the price paid, at our sole option. We reserve the right, in our sole
discretion, to limit the sales of our products or Services to any person,
geographic region, or jurisdiction. We reserve the right to limit the
quantities of any products or Services that we offer. Any offer for any product
or Services made on this Site is void where prohibited. We reserve the right to
refuse any order you place with us.
Online Returns: Certain products or services may be
available exclusively online through the Site. Returns or exchanges for such
products purchased directly from way2learngh.com will be handled in accordance
with our Return Policy.
Payment: To the extent you are required to submit
payment information to us for your use of the Services (including to pay for
products), we may use a third party payment service to process such information
and facilitate the applicable payments. By submitting your payment account
information, you grant us the right to store and process your information with
the third party payment service and agree that we will not be responsible for
any failures of the third party to adequately protect such information. The processing
of payments will be subject to the terms, conditions and privacy policies of
such third party payment service in addition to this Agreement. You agree to
provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed. You agree to pay all fees and applicable taxes incurred by you or
anyone using an account registered to you.
Site Transactions: We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the email and/or billing address/phone number provided
at the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
Taxes: We will charge taxes on products purchased
when taxes are applicable. You agree to pay all fees and applicable taxes
incurred by you or anyone using an account registered to you.
Products: Products you purchase to use with our
Services may have their own separate set of instructions provided by third
party manufacturers and are subject to separate terms and conditions supplied
with such products. We encourage you to refer to these product-specific terms
prior to, and in connection with, your use of the Services.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You may be required to create an account to access certain
parts of our Services, which will require you to provide us with certain
personal information, which may include your name and email address, and, in
some cases, payment information. This information will be held and used in
accordance with our Privacy Policy and relevant “just-in-time” notices, if any,
provided at the point of information collection or use. In order to create your
account you will be required to set a password. You agree that you are
responsible for keeping your password confidential and secure, and further
understand that you are solely responsible and liable for any activities that
occur under your account. We will assume that if your login or payment method
are used to access the Services, the User has the legal authority to use such
login or payment method. You must provide accurate and complete information in
response to our questions and you are solely responsible for keeping that
information current. You agree not to share your account or login information,
let anyone else access your account, or do anything else that might jeopardize
the security of your account. In the event you become aware of or reasonably
suspect any breach of security, including without limitation any loss, theft,
or unauthorized disclosure of the login information, you must immediately
notify us and modify your login information. You are responsible for ensuring
that all persons who access our Services through your internet connection are
aware of these Terms and that they comply with them.
You agree not to impersonate or misrepresent your
affiliation with any person or entity, including using another person’s
username, password or other account information, another person’s name or
likeness or provide false details for a parent or guardian. You agree that we
may take steps to verify the accuracy of information you provide, including
contact information for a parent or guardian.
8. OPTIONAL THIRD PARTY TOOLS AND LINKS
Tools. We may provide you with access to third
party tools over which we neither monitor nor have any control nor input. You
acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third party tools.
Links. Certain content, products and Services
available via our Services may include materials from third parties. Third
party links on our Site may direct you to third party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third party materials or websites, or for any other
materials, products, or services of third parties. The linked sites are not
under our control, and we are not responsible for the content available on any
websites linked to the Services or for any loss or damage that may arise from
your use of them.
9 - PERSONAL INFORMATION
Our use of your personal information in connection with the
Services is governed by our Privacy Policy.
10. ERRORS, INACCURACIES, AND OMISSIONS
We are not responsible if information made available on this
Site is not accurate, complete, or current. The material on this Site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Occasionally there may be
information on our Site or in the Services that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the
Services or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
11. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the Services, the Site, or their
content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Services or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; (k) to interfere with or circumvent the
security features of the Services or any related website, other websites, or
the Internet; or (l) to submit personal financial information, sensitive
information, personal health information or protected health information (as
defined under applicable law), or any personal information of a child under the
age of thirteen.
We reserve the right to terminate your use of the Services
for violating any of the prohibited uses. Without prejudice to our other rights
or remedies, we reserve the right to take legal proceedings against you for
reimbursement of all costs or losses (on an indemnity basis) resulting from
your breach of this Section, and to disclose such information to law
enforcement agencies as we reasonably believe is necessary.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
Disclaimer of Warranties.
THE SERVICES AND ALL CONTENT AND MATERIAL ACCESSIBLE THROUGH
OUR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND, TO THE
FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, WAY2LEARN DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY,
SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE
UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR
FREE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER
SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF
DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU
DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD
OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.
WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY,
AVAILABILITY OR PERFORMANCE OF THE SERVICES, AND WE RESERVE THE RIGHT TO
CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE
SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU.
WE CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION,
INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION, SUPPLIED BY YOU WILL NOT BE
MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitations; Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN
APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE
OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF
ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF
WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT WAY2LEARN SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER
SPECIFICALLY ACKNOWLEDGE THAT WAY2LEARN IS NOT LIABLE, AND YOU AGREE
NOT TO SEEK TO HOLD WAY2LEARN LIABLE, FOR THE CONDUCT OF THIRD PARTIES,
INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT
THE RISK OF THE SERVICES AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES WILL WAY2LEARN BE LIABLE TO YOU FOR MORE THAN THE
AMOUNT YOU HAVE PAID WAY2LEARN IN THE ONE HUNDRED AND EIGHTY DAYS
(180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH
CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID WAY2LEARN ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180)
DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM,
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WAY2LEARN IS TO
STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY
TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN
PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY
CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY
ARISING FROM ANY NEGLIGENCE OR FRAUD OF WAY2LEARN.
13. INDEMNIFICATION
You agree, to the fullest extent permitted by law, to
indemnify, save, and hold WAY2LEARN, its affiliates, contractors,
employees, agents and its third-party suppliers, licensors, and partners
harmless from any claims, losses, damages, liabilities, including legal fees
and expenses, arising out of your use or misuse of the Services, any violation
by you of these Terms of Service, or any breach of the representations,
warranties, and covenants made by you herein. WAY2LEARN reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify WAY2LEARN, and you agree to
cooperate with WAY2LEARN’s defense of these
claims. WAY2LEARN will use reasonable efforts to notify you of any
such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive
any termination of your account(s) or of the Service.
14. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property rights
have been otherwise violated, please provide the following information in an
email to our email in accordance with the procedures set forth herein:
Identification of the material that you claim is infringing,
with enough detail that we can locate it on the Services.
A statement that you have a good faith belief that the
material’s use is not authorized by the copyright owner, its agent, or the law.
A statement declaring under penalty of perjury that (a) the
above information in your notice is accurate, and (b) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of
that owner.
Your address, telephone number, and email address.
Your physical or electronic signature.
We will respond to properly submitted Notices of claims of
copyright infringement in the manner set forth above. We will take whatever
action we deem appropriate, in our sole discretion, including removal of the
offensive content, contacting the relevant user, and/or terminating any user
that is determined by us to be a repeat infringer.
15. BINDING ARBITRATION AND CLASS ACTION
You and WAY2LEARN mutually agree that any dispute,
claim, or controversy (whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory) arising out of or relating to
these Terms or the breach, termination, enforcement, interpretation, or
validity thereof, including the determination of the scope or applicability of
this agreement to arbitration, or to the use of the Services (hereinafter
“Claim” or “Claims”) shall be settled by binding arbitration before a single
arbitrator. The arbitration shall be administered by China in accordance
with the Chinese Arbitration Rules and Procedures. The award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. This
clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. The arbitrator can award
any damages or relief on your individual claim that a court of law could,
including individual injunctive relief and attorneys’ fees when available under
the governing law. The arbitrator will also be empowered to determine the
arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather
than by a judge or jury, and an arbitration award will be final and binding on
you and WAY2LEARN, without any right of appeal. Court review of an arbitration
award will be very limited. Unless explicitly excepted as stated below, you and
WAY2LEARN hereby waive the right to assert any Claim in any court. As set
out below, all arbitrations will be conducted on an individual basis, and there
shall be no class or collective actions in arbitration.
Exceptions. We agree not to invoke our right to
arbitrate any individual Claim you bring in small claims court or an equivalent
court with jurisdiction, so long as the Claim is pending only in that court.
Individual Claims Only. Claims may be submitted
to arbitration on an individual basis only. Claims subject to this arbitration
provision may not be joined or consolidated in arbitration with any Claim of
any other person or be arbitrated on a class basis, in a representative
capacity, on behalf of the general public, or on behalf of any other person,
unless otherwise agreed to by the parties in writing. You acknowledge and agree
that you are waiving any ability to join or consolidate your Claim in
arbitration with the Claim of any other person and to bring any Claim on a
class basis, in a representative capacity, on behalf of the general public, or
on behalf of any other person. Further, unless you and WAY2LEARN both
otherwise agree in writing, the arbitrator may not consolidate your Claim with
that of any other person, and may award relief only in favor of your individual
Claim. The arbitrator may not award relief for or against any other party,
whether directly or indirectly. If a court of competent jurisdiction deems this
paragraph to be unenforceable with respect to any Claim, then the entirety of
this Section 15 relating to arbitration will be deemed void with respect to
such Claim. Except as provided in the preceding sentence, the Notice will
survive any termination of these Terms. The arbitrator will be competent to
determine the arbitrability of any Claim that is attempted to be joined or
consolidated in arbitration with the Claim of any other person or brought on a
class basis, in a representative capacity, on behalf of the general public, or
on behalf of any other person.
Confidentiality. You and WAY2LEARN agree
that any arbitration proceedings initiated hereunder shall be kept in strict
confidence, meaning that you and WAY2LEARN agree not to disclose or cause
to be disclosed to any third party the dispute(s) to be arbitrated hereunder,
or any of the underlying facts, circumstances, documents, and other materials
relating to such dispute(s), except as may be necessary in connection with a
court application for a preliminary remedy, a judicial challenge to an award or
its enforcement, or unless otherwise required by law.
16. GENERAL PROVISIONS
Enforcement: WAY2LEARN reserves the right to take steps
that we believe are reasonably necessary or appropriate to enforce and/or
verify compliance with any part of the Terms and or any other rights or
responsibilities we may have. You agree that we have the right, without
liability to you, to disclose any registration data and/or account information,
including without limitation, your information and Personal Information, Your
Content and User Submissions, to law enforcement authorities, government
officials, and/or a third party, as we believe is reasonably necessary or
appropriate to protect our rights or the rights of a third party, or to meet
any applicable law, regulation, subpoena, legal process or governmental
request; enforce applicable these Terms, including investigation of potential
violations; detect, prevent, or otherwise address fraud, security or technical
issues; and to protect against harm to the rights, property or safety of WAY2LEARN,
our Users, customers or the public as required or permitted by law.
Assignment: WAY2LEARN may assign or
delegate these Terms, in whole or in part, to any person or entity at any time
with or without your consent. You may not assign or delegate these Terms, in
whole or in part, nor any rights or obligations under these Terms without WAY2LEARN’s
prior written consent, and any unauthorized assignment and delegation by you is
void.
Supplemental Policies: WAY2LEARN may
publish additional policies related to specific services such as applications
for mobile devices, games, forums, contests or loyalty programs. Your right to
use such services is subject to those specific policies and these Terms of
Service.
Entire Agreement: These Terms of Service, including
any supplemental policies and any documents expressly incorporated herein by
reference (including WAY2LEARN’s Privacy Policy), contain the entire
understanding between you and WAY2LEARN, and supersede all prior understandings
of the parties hereto relating to the subject matter hereof, whether
electronic, oral or written, or whether established by custom, practice, policy
or precedent, between you and WAY2LEARN with respect to the Service.
Severability: If any provision of the Terms
shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from the Terms and shall not affect the validity and
enforceability of any remaining provisions.
Survival: Accrued obligations and provisions of
the Terms, which by their nature should survive the termination of the Terms,
shall survive such termination.
No Waiver: The failure of WAY2LEARN to
exercise or enforce any right or provision of these Terms shall not constitute
a waiver of such right or provision.
Equitable Remedies: You acknowledge that the
rights granted and obligations made under these Terms to WAY2LEARN are of
a unique and irreplaceable nature, the loss of which shall irreparably harm WAY2LEARN and
which cannot be replaced by monetary damages alone. Accordingly, WAY2LEARN shall
be entitled to injunctive or other equitable relief (without the obligations of
posting any bond or surety or proof of damages) as necessary to prevent the
actual or threatened infringement, misappropriation, or violation of our data
security, intellectual property rights or other proprietary rights.
Force Majeure: WAY2LEARN shall not be
liable for any delay or failure to perform resulting from causes outside the
reasonable control of WAY2LEARN, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond WAY2LEARN’s
control such as acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, accidents, network infrastructure failures,
strikes, or shortages of transportation facilities, fuel, energy, labor or
materials.
Governing Law: These Terms, and any dispute
between you and us, shall be governed by and construed in accordance with the
laws of China.
17. APP STORES AND DEVICES
The following supplemental terms shall apply when accessing
our Services and applications through specific devices:
Apple App Store.
By downloading our Services or our application from a device
made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically
acknowledge and agree that:
In the event of any failure of the Services to conform to
any applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the Service, if any, to you. To the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Service.
Google Play.
By downloading the Services or our application from Google
Play (or its successors) operated by Google, Inc. or one of its affiliates
(“Google”), you specifically acknowledge and agree that:
18. CONTACT INFORMATION
For questions regarding these Terms & Conditions, please
contact us at:
Email: way2learn@gmail.com
Phone: 055487923 / 0208990030