Terms and Conditions ("Terms")

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://marydaphne.com website (the "Service") operated by Explearning, LLC ("us", "we", or "our").

When we use the term "Service", this refers to:

  • Any products, services and materials of any kind available on this website or through this website, whether they be digital or physical and whether they be used online or offline.
  • E-letters sent out to registered readers.
  • Documents made available for download.
  • E-books and books published by us.
  • Conferences, seminars, webinars and other events, both online and offline, hosted by us.
  • Any videos and audio-recordings, in any format and made available on any platform other than this website (including, for example, YouTube, Vimeo, Facebook, Twitter).

Where we use expressions such as “on the site” or "this website", it is a term of convenience and refers to any of the products and services listed above, whether they are used on the website itself, or in any other format or location. Where we speak of “services”, it is a term of convenience and refers to any of the products and services listed above.

You must be 18 years old or older to use the Site.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing, downloading, retrieving, receiving or purchasing any services of the website and the Service, whether free or paid-for, you are accepting that you are entering into a contract with us under these Terms, and you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

These Terms also refer to our Privacy Policy, which also apply to your use of the Site and form part of these Terms

Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. The Terms are offered in English only.

If you have any other questions regarding the Terms or any other policy of this website, please consult with us using the contact form on this website. If you are not clear about any aspect of these Terms, do not use the website until you have managed to clarify these points, ideally by consulting a regulated legal advisor of your confidence in your jurisdiction of residence.

Content

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Where we make paid-for products available, these are offered to contribute to the operating costs of our research and our efforts to improve the lives of the website's users.

It is a condition of us allowing you access to the website that you assume full responsibility for using the website, and that you accept that we will not be liable for any action you take in reliance on information on the website or procured through the website.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We permit you to access the website on a temporary basis but we reserve the right to withdraw or amend the website and/or cancel any registration or purchase without notice. The final decision rests with us. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms, and that they comply with them.

You must not:

  • impersonate or try to impersonate another person;
  • disclose your user data to anyone else;
  • allow anyone else to use your account;
  • use anyone else’s account.

If you think that someone else may have access to, or be using, your account, you must tell us as soon as possible by using the contact form on this site.

Access to certain parts of the website is free, other parts of the website may require a payment. We will notify you if you attempt to access parts of the website that are not free and offer, at our discretion, the opportunity to subscribe or pay for such parts of the website.

For services that require a payment, a separate contract may be issued which will count in addition to these Terms.

We will always try to ensure that the website is available 24 hours a day. However, we do not guarantee that the website will always be available or be uninterrupted, and we will not be liable if for any reason the website is unavailable at any time or for any period.

From time to time we may restrict access to some parts of our website, or our entire website, even to users who have registered with us or paid for certain services and products.

Orders for Paid-For Services

We use our reasonable endeavours to make sure that every service offered for purchase on the website is shown accurately and clearly, and that prices are correct. All prices quoted are inclusive of applicable taxes payable in our jurisdiction, however, you may be liable for taxes or import duties in your jurisdiction which you are obliged to check yourself and for which you and only you are financially and legally liable.

A contract for the purchase of a service is created as follows:

  • You place an order on the website by pressing an order confirmation button at the end of the check-out process.
  • By confirming your order, you are agreeing to purchase the service you have selected. At this point, we take payment for your order by means of your nominated payment method. You can pay for the service using credit card or any other payment method we make available. You will be informed at the time of your check-out what specific options are available to you for your order.
  • We will send to you an order confirmation email detailing your order, and any other information we must provide to you to fulfill the service purchased.

Our Right to Reject Orders

From time to time, we may reject an order for any of the following reasons:

  • If we do not have your chosen service in stock.
  • Where we cannot obtain authorisation for your payment.
  • If there has been a relevant pricing or service description error.
  • If your order otherwise breaches any of the requirements of these Terms.
  • If we suspect that the order has been placed fraudulently.
  • If it appears that the order mistakenly duplicates another order.
  • If we have any other concerns that accepting your order would be to the detriment of this website or us.

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

Note that we may bar or prevent an individual account, user, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law or breach of these Terms or because of any other aspect that we deem to be to the disadvantage of this website or us.

Refunds

The website offers refunds under the following conditions:

  • The product vastly differs from the product description.
  • The product was delivered to you in faulty condition. This applies to physical products only.
  • We may agree to a refund at our discretion, based on your emailing us the reason for asking for a refund.

Outside of these cases, no refunds are possible.

Credit Checks

We may use American, UK, European or other credit reference agency records about you to prevent crime, fraud and money laundering.

Links to our Website

You may link to pages of the website, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with the content standards set out in our Terms.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Explearning, LLC.

Explearning, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Explearning, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Cookies

This website may use cookies to monitor browsing preferences. If you do allow cookies to be used, your personal information may be stored by us for use by third parties. Please see our Privacy Policy for more details.

Liability

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Services, information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You warrant and undertake not to use the website in connection with any unlawful or illegal purpose, or so as to bring the website, its proprietor, products or services into disrepute, or to cause distress or offence to any person. You also warrant not to use the website with any automated page retrieval tool.

Viruses, Hacking and Other Offences

While we make our best effort to provide a safe user environment on our website, we do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software.

You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.

You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.

No one may use any robot, spider, scraper or other automated means to access the website for any purpose without our prior express written permission.

By breaching this section, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, including in your jurisdiction of residence, and we will co-operate with the authorities by disclosing your identity to them.

In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.

Copyright

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than with our express permission or in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Termination

We may suspend, terminate or prevent access to the website and the Service immediately at our sole discretion without prior notice or liability. Where we suspend, terminate or prevent your registration, you must not attempt to re-register without our permission. The period of any suspension depends on all the circumstances and shall be at our discretion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us using the contact form on this website.