In this document the following words shall have the following meanings:
- "Service Provider"
means Company (LBL) governing the country of registration.
means any person who purchases a LBL product AND who makes an Agreement for the Service with the Service Provider.
- "Product Bundle"
is a bundled offering that gives Customer access to specified LBL products and services. Product Packs are typically discounted when compared against the price of purchasing individual items separately.
- "LBL Essentials (or Essentials)"
is a part of LBL’s eLearning product category. Courses are multilingual with a Certificate available upon completion of any course.
- "LBL Skills"
is a part of LBL’s eLearning product category. It is an online platform with a variety of courses designed to improve the Customer skill set. Some courses offer entry into official exams and certifications. Currently available in English only.
- "Member Back Office (or MBO)"
)" means a personal website available upon registration as an LBL Customer. It includes features to manage product subscriptions and other aspects of the LBL business opportunity.
means the payment due from the Customer to the Service Provider for provision of the Services.
- "Terms and Conditions"
means the Terms and Conditions of supply of Services as set out in this document and any subsequent Terms and Conditions agreed in writing by the Service Provider.
means the contract between the Service Provider and the Customer for the provision of the Services incorporating these Terms and Conditions.
- "1 Month"
means 30 days.
- These Terms and Conditions shall apply to the Agreement for the supply of Services by the Service Provider to the Customer and shall supersede any other documentation or communication between parties.
- Any variation to these Terms and Conditions must be agreed in writing by the Service Provider.
- Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Service Provider may be entitled in relation to the Services, by virtue of any statute, law or regulation.
- Any reference in these Terms and Conditions to legislation, statute, regulation or provision thereof shall be construed as a reference to that legislation, statute, regulation or provision as amended, enacted or extended at the relevant time.
3 SERVICES AND DELIVERY
Product Bundles offered by the Service Provider and governed by these Terms and Conditions are:
- Introductory Bundle, Starter Bundle, Skilled Bundle, Business Bundle, Professional Bundle and Premium Bundle.
- All Pack include a 12-month LBL E-Learning Platform membership.
- Membership includes Member Back Office, multilingual Team Support available through the online ticketing system accessible from Member Back Office, permission to independently resell product packs and earn sales commissions, access to awards system as per valid Marketing Plan. Membership is active from date of Pack purchase for 12 months. After expiry Membership can be extended for a fee or by purchasing a qualifying product.
- Introductory Bundle includes online streaming access to entrepreneurial training courses from LBL Essentials for the period of 30 days from date of purchase, online streaming access to 25 entrepreneurship training courses from LBL Skills Courses (fair usage policy applies) and 1 Live Webinar ticket. Purchase of this bundle also includes gift loyalty points worth $5 that can be redeemed in any project of LBL.
- Starter Bundle includes unlimited online streaming access to entrepreneurship training courses from LBL Essentials for the period of 90 days from date of purchase, online streaming access to unlimited entrepreneurship training courses from LBL Skills Courses (fair usage applies) and 1 Live Webinar ticket. Purchase of this bundle also includes gift loyalty points worth $100 that can be redeemed in any project of LBL.
- Skilled Bundle includes unlimited online streaming access to entrepreneurship training courses from LBL Essentials for the period of 120 days from date of purchase, online streaming access to unlimited entrepreneurship training courses from Skills Courses (fair usage applies) and 1 Live Webinar tickets. Purchase of this bundle also includes gift loyalty points worth $250 that can be redeemed in any project of LBL.
- Business Bundle includes unlimited online streaming access to entrepreneurship training courses from LBL Essentials for the period of 180 days from date of purchase, online streaming access to unlimited entrepreneurship training courses from LBL Skills Courses (fair usage applies) and 2 Live Webinar tickets. Purchase of this bundle also includes gift loyalty points worth $550 that can be redeemed in any project of LBL.
- Professional Bundle includes unlimited online streaming access to entrepreneurship training courses from LBL Essentials for the period of 365 days from date of purchase, online streaming access to unlimited entrepreneurship training courses from LBL Skills Courses (fair usage applies) and 4 Webinar tickets. Purchase of this bundle also includes gift loyalty points worth $1200 that can be redeemed in any project of LBL.
- Premium Pack includes unlimited online streaming access to entrepreneurship training courses from LBL Essentials for the period of 500 days from date of purchase, unlimited access online streaming access to entrepreneurship training courses from LBL Skills Courses for 500 days (fair usage applies) and 6 Webinar tickets. Purchase of this bundle also includes gift loyalty points worth $3250 that can be redeemed in any project of LBL.
4 PURCHASE/REGISTRATION RESTRICTIONS
- Customers are permitted to have only one Bundle with active streaming access registered, per account, at any given point in time. Bundle is considered active until the expiry of product streaming access period as described in point 3.
- Where a Customer attempts to purchase any Bundle and use it to register the subscription for an account that already has an active legacy Bundle, the registration will be declined.
5 CORELINE and SKILLS PRODUCTS FAIR USAGE POLICY
- While consumption of ALL LBL Essentials & Skills courses is available and unlimited, a buyer can only stream a total of 10 'active' products from both categories combined at any one time (in the duration of the bundle) where a maximum of 5 can be from the LBL Skills category and 5 from the LBL Essentials category.
- An active LBL Essential product is one where the consumer has not yet finished watching the complete content (stream), they have not completed the quiz (if a quiz is applicable for the given content), they have not given a star rating and they have not downloaded a certificate of completion.
- A LBL certificate of completion will made be available to the Customer to download upon the content being completely consumed (the stream has finished) & if the quiz was successfully passed (if quiz is applicable for the given content) & star rating is done.
- An active LBL Skills product is one where product subscription period has not yet expired (specific to the product chosen subscriptions can be 3 or 6 or 12 months from date of activation and are clearly marked at product description section).
- Where the Customer has not already activated at least one LBL Essential or Skills product, they will be prompted to activate one product before being able to access other features in their back office.
6 LIVE WEBINAR TICKET CONDITIONS
- The appropriate allocation of Live Webinar tickets is valid for 12 months from date of purchase.
- A Live Webinar is defined as an online training seminar.
- Webinar tickets that are included in the Packs cannot be redeemed for 'Events' (conferences, training events, product launches).
- Live Webinar tickets are transferable and can be used by Pack owner and/or their guest(s).
7 LEGACY PRODUCT BUNDLES
- For Customers who purchased any previous Bundle, their Bundle related product access and services will continue uninterrupted until it’s expiry with accordance to Bundle’s specific Terms and Conditions.
- 12-month Membership for purchasers of legacy packs will be allocated on 1st January 2020.
8 BUNDLE SUBSCRIPTION EXPIRY
- For all Bundle Membership will expire 12 months from the date of purchase and will require renewal by paying a Membership Renewal Fee or by purchase of a qualifying product.
- Unused Webinar tickets will expire 12 months from the date of purchase.
- Access to online course streaming will be frozen and unavailable upon expiry of the access period specified in the pack description.
- Gift Loyalty Points not redeemed will expire after 12 months from the date of purchase and will be carried forward in case of renewal of the membership or by purchase of a qualifying product.
9 CUSTOMER'S OBLIGATIONS
- The Customer agrees to cooperate with the Service Provider at all times.
- The Customer agrees not to resell any component of the Introductory, Starter, Skill, Business, Professional and Premium Bundle to another party.
10 SERVICE PROVIDER OBLIGATIONS
- The Service Provider shall supply the Services as specified in these Terms and Conditions.
- The Service Provider shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Customer of any significant changes.
- The Customer may terminate the Agreement if the Service Provider fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
- The Customer has the right within a period of 7 (seven) days, of entering into the Agreement to cancel the Agreement without penalty by written notice of termination and to require the Company to refund an amount equal to 100% of any monies paid PROVIDED THAT no part of the product has been used.
- Upon cancellation of the Bundle Subscription the Customer shall no longer have Membership including not having access to stream LBL Essentials and Skills training products.
- Any Webinar tickets will be cancelled (regardless of whether the Customer has registered to attend an upcoming webinar).
- The Service Provider may terminate the Agreement if the Customer has failed to complete any payment due for the purchase.
- Either party may terminate the Agreement by notice in writing to the other if:
- The other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or The other party ceases to carry on its business or substantially the whole of its business; or The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- In the event of termination, the Customer must pay to the Service Provider any expenses incurred up to the date of termination.
- Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
- All parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
- The Service Provider shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- For the avoidance of doubt, time shall not be of the essence and the Service Provider shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
14 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Service Provider.
16 RELATIONSHIP OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Quotation or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Delaware, USA and the parties hereby submit to the exclusive jurisdiction of the Delaware Courts.