Please read this user agreement carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

LAST UPDATED: July 2020

USER AGREEMENT

1. INTRODUCTION

The entity you are contracting with is: Easy to Learn (Pvt) Ltd. In this user agreement, this entity is referred to as "LearnEasy," "we,", “us” or "our." LearnEasy (hereafter referred to as "learn easy", "we", "us", or "our") provides an online platform that connects teachers who wish to conduct online classes and share the knowledge (collectively, the “services”), which services are accessible at  www.learneasy.lk[] and any other websites through which LearnEasy makes the services available (collectively, the “site”). By using the site you agree to comply with and be legally bound by the terms and conditions of these user agreement ("terms"), whether or not you become a registered user of the services. These terms govern your access to and use of the site and services and all collective content (defined below), and constitute a binding legal agreement between you and LearnEasy. Please also read carefully our privacy policy at  www.learneasy.lk[]. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the site or services. Failure to use the site in accordance with these terms may subject you to civil and criminal penalties. You acknowledge and agree that, by accessing or using the site or services or by downloading or accessing any content from or on the site through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site, services, or collective content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal

Modification

LearnEasy reserves the right, at its sole discretion, to modify the site or services or to modify these terms, including the service fees, at any time and without prior notice. If we modify these terms, we will post the modification on the site or provide you with notice of the modification. We will also update the “last updated date” at the top of these terms. By continuing to access or use the site or services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the site and services.

2. ABOUT LEARNEASY

The site and services comprise an online platform through which teachers (defined below) may conduct online classes (defined below) and students (defined below) may register for the services from the teachers. You neither understand nor agree that LearnEasy is not a party to any agreements entered into between teachers and students, nor is LearnEasy an educational broker, agent or insurer or auctioneer. LearnEasy has no control over the conduct of teachers, students and other users of the site and services or any online classes, and disclaims all liability in this regard to the maximum extent permitted by law.

While we may provide pricing and other guidance in our services, such guidance is solely informative content and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, LearnEasy has no control over and does not guarantee: the quality, or legality of services advertised; the truth or accuracy of users' content; the ability of teachers capacity; the ability of students to pay for classes; or that a teacher or student will actually complete a transaction.

Key Terms

“LearnEasy content” means all content that LearnEasy makes available through the site, or services, including any content licensed from a third party, but excluding member content.

“Collective content” means member content and LearnEasy content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Online Class Service” means the third party online meeting service to fulfill teacher’s obligations on conducting classes through LearnEasy site.

“Student” means a member who requests to participate in an online class from a teacher via the site or services.

“Teacher” means a member who conducts online classes via the site.

“Session” means an online class that is listed by an owner as available for students to participate via the site or services.

“Member” means a person who completes LearnEasy’s account registration process, including but not limited to teachers and students, as described under “account registration” below.

“Member content” means all content that a member posts, uploads, publishes, submits or transmits to be made available through the site or services.

“Tax” OR “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that teachers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

3. USING LEARNEASY

The site and services can be used to facilitate the online classes (“classes”). Such classes are included in upcoming classes on the site and services by teachers. You may view classes as an unregistered visitor to the site and services; however, if you wish to book for a class or conduct a class, you must first register to create a LearnEasy account (defined below).

As stated above, LearnEasy makes available an online platform with related technology for teachers and students to meet online and arrange for the online classes directly with each other. Please note that, as stated above, the site and services are intended to be used to facilitate teachers and students connecting and conducting directly with each other. LearnEasy cannot and does not control the content contained in any classes, matters the teacher discusses in the online session and the condition, legality or suitability of any course materials uploaded for a class given by the teacher. LearnEasy is not responsible for and disclaims any and all liability related to any and all class contents.

ACCOUNT REGISTRATION

In order to access certain features of the site and participate in a class or create class scheduling, you must register to create an account (“LearnEasy Account”) and become a member.

We will create your LearnEasy account and your LearnEasy account profile page for your use of the site based upon the personal information you provide to us. You may not have more than one (1) active LearnEasy account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LearnEasy reserves the right to suspend or terminate your LearnEasy account and your access to the site and services if you create more than one (1) LearnEasy account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your LearnEasy account, whether or not you have authorized such activities or actions. You will immediately notify LearnEasy of any unauthorized use of your LearnEasy account.

CLASS SCHEDULES

As a member (teacher), you may request to LearnEasy to create classes on behalf of you. To create a class, you will be asked a variety of questions about the session, including, but not limited to, your charges, subject, grade, title you are going to cover in the session, required materials, duration, and session date, time and related rules (for instance required tutorial/past paper discussions) and financial terms with LearnEasy. Class details will be made publicly available via the site and services, subject to other applicable terms of this user agreement and our policies. Students will be able request to participate to the session via the site and services based upon the information provided in your class details. You understand and agree that once a student requests to participate to the session, you may not request the student to pay a higher price than in the indicated session fee.

You acknowledge and agree that you are responsible for any and all class details and the discussions happening in the session time. Accordingly, you represent and warrant that any sessions you conduct will comply with the following

YOU WILL NOT:

• Request to schedule a session in inappropriate subjects or grades on our sites;

• Breach or circumvent any laws including tax, third-party rights or our sites, policies, or determinations of your account status;

• Use our services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;;

• Fail to conduct a session on the said date and time, unless you have a valid reason as set out in LearnEasy policy.

• Conduct the session with irrelevant topics which differ than the said session topic

• Manipulate the fee or interfere with any other member's classes;

• Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

• Transfer your LearnEasy account and user id to another party without our consent;

• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

• Distribute viruses or any other technologies that may harm LearnEasy or the interests or property of members; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our services for any purpose, except with the prior express permission of LearnEasy;

• Interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure;

• Export or re-export any LearnEasy application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

• Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "intellectual property rights") that belong to or are licensed to LearnEasy. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to LearnEasy or someone else;

• Infringe any intellectual property rights that belong to third parties affected by your use of the services or post content that does not belong to you;

• Commercialize any LearnEasy application or any information or software associated with such application, except with the prior express permission of LearnEasy;

• Harvest or otherwise collect information about members without their consent; or

• Circumvent any technical measures we use to provide the services.

If you are a teacher or as your contracting agent. If a student participate in your online session and any agreement you enter into with such student is between you and the student, and LearnEasy is not a party thereto. Notwithstanding the foregoing, LearnEasy serves as the limited authorized payment collection agent of the teacher for the purpose of accepting, on behalf of the teacher, payments from students of such amounts stipulated by the teacher.

If you are a teacher, LearnEasy makes certain tools available to you to help you to make informed decisions about how many students registered for your class. You acknowledge and agree that, as a teacher, you are responsible for your own acts and omissions. Please see teacher tips (at www.learneasy.lk ) for further information.

Teachers must meet LearnEasy’s minimum performance standards. Failure to meet these standards may result in LearnEasy limiting, restricting, suspending, or downgrading your account.

Please note that LearnEasy assumes no responsibility for a teacher’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations

If we believe you are abusing LearnEasy and/or our services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your member account(s) and access to our services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our services.

If we believe you are violating the policy on offers to outside of LearnEasy, you may be subject to a range of actions, including conduct online class privileges, restrictions on classes and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a teacher and you offer or reference your contact information or ask a student for their contact information in the context of trading outside of LearnEasy, LearnEasy may NOT be liable to pay your pending payments.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Additionally, we reserve the right to refuse or terminate all or part of our services to anyone for any reason at our discretion.

4. POLICY ENFORCEMENT

When a student or teacher issue arises, we may consider the member's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both renter/buyers and owners.

Any references in the site or services to a member being “verified” or “connected” (or similar language) only indicate that the member has completed a relevant verification process, and does not represent anything else

ONLINE CLASSES

LearnEasy may charges the student a session fee or a class fee (monthly basis) based on the fee required by the teacher for each session/class. The fee for each session or class is provided on the site.

5. FEES

SERVICE FEES

In consideration for the use of LearnEasy’s online classroom and platform, LearnEasy charges the service fees. Where applicable, taxes (such as VAT or GST) may also be charged. LearnEasy deducts the service fees from the total session fee proceeds before remitting the balance to the teacher as described in these terms as the ‘payout amount’.

The fees we charge for using our services are 40% of the fee value from each registration. We may change our fees from time to time by posting the changes on the LearnEasy site and personally to the teacher by sending email/SMS 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a teacher, you are liable for transaction fees arising out of all sales made using some or all LearnEasy services, even if sales terms are finalized or payment is made outside of LearnEasy. In particular, if you offer or reference your contact information or ask a student for their contact information in the context of trading outside of LearnEasy, your pending payment will be acquisit by LearnEasy, given your usage of LearnEasy services for the introduction to a student.

If you are a student, you must have a payment method on file when registering a class through LearnEasy services, and pay all fees and applicable taxes associated with our services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us; retain collection agencies and legal counsel. In addition, you will be subject to late fees.

Teacher fees don't purchase exclusive rights to class on LearnEasy, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, teachers, display third-party advertisements (including links and references thereto) or other content in any part of our services.

We will remit the payout amount to teacher on monthly basis, on completion of at least 5 session. The payout amount for the previous month will be remitted on or before 5th of next month

6. CONDUCTING AN ONLINE SESSION - CONDITIONS

When conduction an online session via LearnEasy, you agree to comply with LearnEasy’s online class policies that:

• You are responsible for the accuracy and content of the discussion/lecture your provided in the session;

• All sessions have to be created by LearnEasy based on your request

• You are responsible to conduct the session on the specified time for mentioned duration

• You are responsible to allow students into your online session. LearnEasy will provide the list of students who registered for the session. When conducting the session, you have to allow each student to participate in the online meeting.

• When a registration is made for a session, you are responsible to conduct the lesson. If you are failing to conduct a session on the said date and time when there are registrations for the session, you have to conduct a session in another day.

• All course materials that are uploaded into the system to be relevant and useful for the session

7. REGISTER FOR ONLINE SESSION - CONDITIONS

When register for an online session, you agree to the rules and policies for students and that:

• You are responsible for reading the full details about the class description before making registration

• When you register for a session using the site, LearnEasy will collect the total amount for the class/session. If it is a free session, you just need to register for the session.

• If it is a paid session, you can pay online or pay directly to the bank account which is mentioned in the site and upload the deposit slip. Once your payment is authorized, you are allowed to participate in the session.

• You should not invite other people in the online session.

• If any misbehaving while participate in the class such as disturbing the teacher, making noise while teaching, sending out chat messages to the teacher or other students will cause to terminate you from the session.

• You should not share your registration details to others. If found duplicate access/login to the online sessions with your account details, you will be prohibited to continue the online session

• Your payment is not refundable, if you are failing to attend a registered session.

• If a session canceled, you will be allowed to participate in the substitute session.

8. CONTENT

When providing content using the services (directly or indirectly), you grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenses (through multiple tiers) right to exercise any and all intellectual property rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against LearnEasy, our assignees, our sublicenses, and their assignees your intellectual property rights in that content in connection with our, those assignees', and those LearnEasy’s use of that content in connection with our provision, expansion, and promotion of the services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this user agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this user agreement, does not and will not infringe any intellectual property rights of any third party. LearnEasy takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer data/course materials (including images, descriptions and specifications) that are provided by third parties (including LearnEasy members). You may use that content solely in your LearnEasy content. LearnEasy may modify or revoke that permission at any time in our sole discretion. The course data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data.

We try to offer reliable course date, but cannot promise that the content provided through the services will always be available, accurate, complete, and up-to-date. You agree that LearnEasy is not responsible for examining or warranting the course materials or content provided by third parties through the services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a teacher, you agree to ensure that content directly associated with your course is accurate.

COPYRIGHT / TRADEMARKS / LOGOS

The name "LearnEasy" and other LearnEasy marks, logos, designs, and phrases that we use in connection with our services are trademarks, service marks, or trade online sessions of LearnEasy in Sri Lanka and other countries. They may not be used without the express written prior permission of LearnEasy.

9. PRIVACY

LearnEasy will collect personal information from you in the course of providing its services and/or your use of its website. LearnEasy may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.

LearnEasy follows the principles of the privacy act 1988 (cth), and it is committed to safeguarding any personal information it may hold at any time in respect of any individual. Personal information will only be used for the purpose for which it is collected. For example, LearnEasy may use your personal information to provide recommendations that take into account your previous registration for an online class.

LearnEasy will only collect personal information by legitimate means, which may include directly over the phone, face-to-face, from forms or electronically over the internet.

LearnEasy will only collect information that is necessary for functions or activities performed by the organization. Personal information is not to be collected because we think that information may come in handy at a later date.

Any personal information that LearnEasy collects is kept strictly confidential and it can only be accessed by authorized staff within the organization. LearnEasy will not disclose any personal information to any third party, except as authorized by the individual or as otherwise compelled at law.

LearnEasy will take all reasonable steps to ensure that client information is accurate, complete and up-to-date.

Should you wish to access or correct any personal information which LearnEasy holds with respect to you except your primary id which is your email, you can do so on the site by editing your profile information. If you need any further clarifications please contact LearnEasy in writing by sending a message to learneasy.lk@gmail.com.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Cash payment updates and other notification functionality in LearnEasys’ applications may not occur in real time. Such functionality is subject to delays beyond LearnEasys’ control.

You agree that you are making use of our services at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• The content you provide (directly or indirectly) using the services;

• Your use of or your inability to use our services;

• Pricing, accessing online sessions, format, or other guidance provided by LearnEasy;

• Delays or disruptions in our services;

• Viruses or other malicious software obtained by accessing or linking to our services;

• Glitches, bugs, errors, or inaccuracies of any kind in our services;

• Damage to your hardware device from the use of any LearnEasy service;

• The content, actions, or inactions of third parties, including online classes listed using our services or the destruction of allegedly fake information;

• A suspension or other action taken with respect to your account or breach;

• Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to 1000 LKR

11. GENERAL

Except as otherwise provided in this user agreement, if any provision of this user agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this user agreement, and in such event, we will post notice on www.learneasy.lk .

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this user agreement.

If you create or use an account on behalf of a teacher, you represent that you are authorized to act on behalf of such business and bind the business to this user agreement. Such account is owned and controlled by the teachers. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this user agreement.

The user agreement and all terms and polices posted through our services set forth the entire understanding and agreement between you and LearnEasy, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this user agreement: fees, content, disclaimer of warranties; limitation of liability; release, indemnity, legal disputes, and general.