TERMS AND CONDITIONS OF USE

 

 

These terms and conditions of use (hereinafter referred to as "T&C") define the conditions under which any adult natural person may access the Site. They present the rights and obligations of Users and constitute the contract that binds them to the Publisher. By continuing to browse the Site, Users accept without reservation the following provisions and conditions of use. The Publisher is free to modify these T&C at any time, in particular to take into account any legal, regulatory, jurisprudential, and/or technical developments. The current version of the T&C is the one available online on the Site and is the only enforceable version throughout the use of the Site until it is replaced by a new version.

 

Legal Information

“Publisher” or “Molearner.mu” refers to Y2INNOVATION LTD, registered in Mauritius, having business registration number C16137392, with its registered office at 6th - 7th Floors, Shehnaz Tower 30, Louis Pasteur Street, Port Louis, Mauritius. 

 

Definitions

The terms beginning with a capital letter in these T&C, whether used in the singular or plural, shall have the meaning given below:

•    “Content” means, without this list being exhaustive, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, corporate names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present on the Site and/or any other element composing the Site.
•    “User” or “You” means a natural person of legal age who accesses the Site for their own needs, strictly for personal and non-commercial use, without direct or indirect profit.
•    “Site” means the official website of Molearner.mu, whose address is: https://www.molearner.mu. 

 

 

1.    PURPOSE OF THE SITE

 

1.1    The Site is operated by the Publisher for the primary purpose of providing Users with access to:
         a)    Allows self-paced learning.
         b)    Monitors learner progress through quizzes, tests, and analytics.
         c)    Reduces dependence on physical materials.
         d)    Allows learners to study anytime, anywhere & on any device.
         e)    Supports different learning styles (videos, quizzes, text, etc.).
          f)    Serve large numbers of learners at once.

 

1.2    The Site further enables Users to initiate and complete the online purchase of the said products and services, subject to the terms and conditions set forth herein.

1.3    The Site also provides Users with access to a personal, secure space titled “My Account,” through which they may manage their profile, track orders, view purchase history, and access other related functionalities.

 

1.4    Use of the Site for the above purposes is subject to the User’s compliance with these Terms and Conditions, as well as all applicable laws and regulations.

 

1.5    The functionalities and information available on the Site are provided for personal use only. Any commercial or unauthorised use without the prior written consent of the Publisher is strictly prohibited.

 

1.6    The Publisher reserves the right to modify, suspend, or discontinue any part of the Site or its functionalities at any time, without prior notice, and without incurring any liability to the User.

 

1.7    By accessing and using the Site, the User acknowledges and agrees to the scope and purpose of the Site as defined in this Article.

 

 

2.    ACCESS TO THE SITE

 

2.1    Access to the Site is provided free of charge and is open to all Users.

2.2    Any individual with internet access may consult the Site without restriction, subject to compliance with these Terms and Conditions.

2.3    Certain functionalities of the Site, including the purchase of services or products, are reserved for natural persons who are of legal age and possess the legal capacity to contract under applicable law.

2.4    The Publisher reserves the right to request documentary proof of a User’s legal age or capacity prior to processing or validating any transaction.

2.5    In the absence of satisfactory proof, the Publisher may refuse, suspend, or cancel the relevant order or transaction.

2.6    A warning message shall be displayed on any part of the Site relating to services or products restricted to adults, informing Users that only adults are authorised to complete purchases.

2.7    Users are solely responsible for all costs, charges, and expenses incurred in accessing and using the Site, including those related to computer hardware, software, internet service, and data usage.

 

 

3.    INTELLECTUAL PROPERTY OF THE SITE

 

3.1    The Site, including but not limited to its structure, design, layout, content, texts, images, graphics, logos, icons, software, and databases (hereinafter referred to as “the Content”), is protected under the intellectual property laws in force in the Republic of Mauritius, as well as under applicable international treaties and conventions.

3.2    All elements reproduced or used on the Site are the exclusive property of the Publisher or its duly authorised partners, unless otherwise expressly stated.

3.3    Any reproduction, representation, distribution, transmission, modification, adaptation, translation, or use—whether in whole or in part—of any of the elements or Content of the Site, including any underlying computer applications or software, without the prior express written consent of the Publisher, is strictly prohibited and constitutes an infringement actionable under applicable law.

3.4    The grant of access to the Site shall not be construed as conferring any licence or right of use over any intellectual property rights held by the Publisher or third parties.

3.5    The User undertakes not to infringe, either directly or indirectly, the intellectual property rights held by the Publisher or its partners and shall refrain from engaging in any conduct that could impair such rights.

3.6    The Publisher’s decision not to pursue legal action immediately upon becoming aware of any unauthorised use of the Content or intellectual property does not imply acceptance of such use, nor shall it constitute a waiver of the Publisher’s right to initiate proceedings at a later stage.

3.7    With regard to services related to online orders and purchases, all information, descriptions, offers, and conditions provided on the Site are valid exclusively within the territories of Mauritius and Rodrigues, unless otherwise explicitly stated.

3.8    Users accessing the Site from other jurisdictions do so at their own initiative and are solely responsible for ensuring compliance with local laws where applicable.

 

 

4.    USER OBLIGATIONS

 

4.1    The User hereby expressly undertakes and agrees to the following obligations, which shall be strictly observed:

          a)    To access and use the Site solely through their own equipment and exclusively for personal, non-commercial purposes;
          b)    To refrain from permanently or temporarily reproducing the Site, whether in whole or in part, by any means or in any form, without the prior written consent of the Publisher;
          c)    Not to utilise any software, automated process, or other technical means to copy, extract, or reproduce any portion of the Content, except where expressly authorised in writing by the Publisher;
          d)    Not to undertake or attempt any act of adaptation, modification, translation, transcription, arrangement, compilation, decompilation, disassembly, reassembly, transcoding, or reverse engineering of all or part of the Site and/or the Content, by any means whatsoever;
          e)    To refrain from deploying or using any software, code, or device that may impede, disrupt, or interfere with the normal operation, integrity, or security of the Site;
           f)    Not to extract, reuse, reproduce, or otherwise exploit, for any purpose including private use, all or any qualitatively or quantitatively substantial part of the content of the databases or archives comprising the Site, without the prior express written authorisation of the Publisher;
          g)    Not to implement, whether directly or through third parties, any process or system intended to circumvent, disable, or otherwise compromise the technical protections of the Site and/or the Content, or to violate these Terms and Conditions;
          h)    To immediately notify the Publisher upon becoming aware of any unauthorised or unlawful use of the Site and/or the Content, including but not limited to any act of piracy, hacking, or other violation, regardless of the method or platform of dissemination;
           i)    Not to sell, lease, rent, sub-license, assign, transfer, or otherwise make the Site and/or the Content available to any third party, in whole or in part, whether for consideration or otherwise, without the express prior written authorisation of the Publisher. 

 

 

5.    BROWSING AND REGISTRATION ON THE SITE

 

5.1    The User may browse the Site freely and at no cost, whether or not they choose to register. Registration is optional for general browsing purposes; however, it is mandatory in order to access and utilise the online training services offered by the Publisher.

5.2    Registration on the Site is free of charge. To register, the User must complete the requisite form and provide the Publisher with accurate and up-to-date personal information for identification purposes, including but not limited to: full name, postal address, email address, and telephone number.

5.3    As part of the registration process, the User shall create a unique username and password (hereinafter referred to as “Credentials”). These Credentials are strictly personal and confidential. Access to the User’s account on the Site shall be effected through the use of such Credentials.

5.4    The entry of the correct Credentials by the User shall constitute conclusive proof of the User’s identity on the Site. The Publisher shall not be held liable for any loss, damage, or prejudice arising from the loss, theft, or unauthorised use of such Credentials.

5.5    The User undertakes to provide accurate, complete, and truthful information upon registration and agrees to update such information promptly in the event of any subsequent change.

5.6    The User shall be solely and exclusively responsible for the use, confidentiality, and security of their Credentials. This responsibility extends to situations where the Credentials have been stored or saved on the User’s computer, mobile phone, or other devices, thereby enabling automatic login.

5.7    Any action carried out, data transmitted, or access made using the User’s Credentials shall be conclusively deemed to have been made by the User. The Publisher disclaims all liability arising from any such use, including where it is the result of the User’s negligence.

5.8    The User shall take all necessary measures to ensure that they log out of their session at the end of each use, particularly when accessing the Site from a shared or public computer.

5.9    In the event of the loss, theft, misappropriation, or any unauthorised use of their Credentials, the User shall promptly notify the Publisher by email at contact@molearner.mu, providing sufficient identifying information (including their full name and username) to enable the Publisher to take appropriate action, including resetting the User’s account.

 

 

6.     SITE AVAILABILITY AND MANAGEMENT

 

6.1    The Publisher undertakes to employ reasonable efforts and all appropriate technical and organisational measures to ensure secure and continuous access to the Site, as well as the availability of its content and services.

6.2    The Site shall, in principle, be accessible twenty-four (24) hours a day, seven (7) days a week. However, the Publisher does not guarantee uninterrupted access and reserves the right to suspend or restrict access to the Site, in whole or in part, without prior notice, in the following circumstances:
          a)    In the event of force majeure or any event beyond the reasonable control of the Publisher;
          b)    Where necessary for technical maintenance or upgrades essential to the functioning, security, or improvement of the Site;
          c)    In cases of service interruption caused by the failure of telecommunications networks or third-party service providers.

 

6.3    For the proper administration and management of the Site, the Publisher reserves the right, at any time and without prior notice, to take any of the following actions:
         a)    Temporarily or permanently suspend, interrupt, or limit access to all or any part of the Site;
         b)    Restrict access to certain sections or functionalities of the Site to a specific category of Users or to registered Users only;
         c)    Remove, modify, or delete any content or data that may disrupt the normal operation of the Site or that contravenes applicable national or international laws or regulations;
         d)    Temporarily suspend the operation of the Site in order to carry out updates, security patches, system upgrades, or any corrective or preventive maintenance.

 

6.4    The Publisher shall not be held liable for any consequences, direct or indirect, arising from the unavailability of the Site or any part thereof, regardless of the cause or duration of such interruption.

 

 

7.    LIMITATION OF LIABILITY

 

7.1    Access to and use of the Site are undertaken at the sole risk and responsibility of the User. It is the sole responsibility of the User to implement all appropriate technical and security measures necessary to protect their data, software, and hardware (including computers, mobile devices, and communication tools) from potential threats, breaches, or damages arising from the use of the Site.

 

7.2    The User acknowledges and accepts the inherent characteristics, technical constraints, and limitations of the Internet, which include, but are not limited to:
          a)    Technical performance and availability of Internet networks;
          b)    Risks of service interruption, network saturation, or connection failure;
          c)    Possible delays, errors, or interruptions in access to the Site;
         d)    Security risks, including data interception, unauthorised access, or virus transmission;
         e)    Vulnerabilities in data protection and risks of hacking or misappropriation of personal information.

 

7.2.1    In view of the foregoing, the Publisher shall not be held liable for any consequences resulting therefrom.

 

7.3    Without prejudice to the generality of the foregoing, the Publisher shall not be held liable in the following circumstances:
         a)    In the event of any failure, delay, omission, or error in the transmission or reception of data or content, where such issues are beyond the Publisher’s control;
         b)    Where messages or data are transmitted to an incorrect, erroneous, or incomplete address or recipient;
         c)    If the data transmitted by the User fails to reach the Publisher, or is received in an altered, corrupted, or illegible format, or is otherwise incapable of being processed;
         d)    If the User experiences difficulty or is otherwise unable to access or use the Site, the associated mobile application, and/or the services offered therein, for any reason whatsoever;
         e)    In the event of temporary or permanent interruption of access to the Site due to any disconnection, failure, or malfunction, whether technical or otherwise.

 

7.4    The User expressly acknowledges that the Publisher cannot be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of data, damage to equipment, loss of business, commercial harm, or other economic loss, whether arising from contract, tort (including negligence), or otherwise, resulting from the use or attempted use of the Site.

 

7.5    By accessing the Site, the User expressly and irrevocably waives any and all claims, causes of action, or legal proceedings against the Publisher arising out of or relating to damage or loss, of any nature whatsoever, including those affecting their personal, professional, or commercial affairs, that may result from their access to or use of the Site and/or its content.

 

 

8.    HYPERLINKS

 

8.1    The Site may contain hyperlinks to third-party websites. The Publisher expressly disclaims any and all responsibility for the content, availability, accuracy, or legality of such third-party websites or any content that those third-party websites may link to.

8.2    The inclusion of hyperlinks to third-party websites does not constitute an endorsement or approval of the content, products, services, or practices of such third parties by the Publisher. The Publisher makes no representations or warranties regarding the accuracy, completeness, or legality of content found on third-party websites.

8.3    The Publisher shall not be held liable for any modifications, updates, or changes made to third-party websites or for any issues arising from the transmission of information from such websites. Additionally, the Publisher shall not be responsible for any disruptions, malfunctions, or damages caused by third-party websites or their content.

8.4    The User is prohibited from placing any hyperlinks to the Site, or any part thereof, on third-party websites without obtaining the prior written consent of the Publisher. 

 

 

9.    PERSONAL DATA PROTECTION

9.1    The personal data collected as part of the subscription to the Subscription and / or the use of the Services will be processed in accordance with the Data Protection Act 2017 and the General Data Protection Regulation (hereinafter“ Data Protection Laws”).

9.2    The Customer who is a natural person is informed that the information collected is subject to computer processing intended to carry out operations relating to the management of the Customer’s account namely concerning contracts, Subscriptions, invoices and accounting.

9.3    The collection of personal data concerning minor children under the age of 18 is subject to the consent of parental authority.

9.4    The Company indicates to the User the data required to provide its Services by affixing the following sign: "*". In the absence of a response from the Customer on the fields mentioned as mandatory, the latter will not be able to register and benefit from the Services provided by the Company.

9.5    The recipients of the data are those responsible for customer services, support, invoicing and marketing; and the company’s sub-contractors.

9.6    It is specified that "cookies", which have the sole function of identifying users of the Site (URL, IP address, time and date of navigation, etc.), are automatically collected during each connection and have the sole purpose of allow, improve or facilitate access and use of the Site and / or the Services. Users can prevent this by following the procedure indicated on their browser. It is nevertheless specified that the use of the Site and the Services could be limited. (See our Cookies Policy for more information)

 

 

10.    MISCELLANEOUS

 

10.1    All visuals, including but not limited to images, videos, and animations that represent a product or service and accompany their description on the Site, are provided solely for illustrative purposes. These visuals are non-contractual and shall not be construed as part of any contractual obligation or as an indication of the Publisher’s responsibility.

10.2    Each provision of this Agreement, including any undertaking or part thereof, shall be interpreted independently of every other provision. Should any provision, undertaking, or part thereof be found to be illegal, invalid, or unenforceable, the remaining provisions and undertakings of this Agreement shall continue to be in full force and effect, unaffected by such invalidity.

10.3    The terms of this Agreement shall not be interpreted or construed in conjunction with the terms of any other agreement between the Parties related to the Purpose, unless explicitly stated otherwise in any separate agreements entered into between the Parties.

10.4    No waiver by either Party of any of its rights under the terms of this Agreement shall be construed as a waiver of the future exercise of such rights. A waiver of any right or provision of this Agreement is only effective if made in writing and does not affect the right of either Party to invoke such rights at any future time.

 

 

11.    APPLICABLE LAW AND SETTLEMENT OF DISPUTES

 

11.1    The T&C is governed and subject to laws of the Republic of Mauritius.

11.2    In the event of any dispute, the interpretation, performance and validity of this Agreement and any matter relating thereto shall be governed in all respects by the laws of the Republic of Mauritius and, the courts of Mauritius shall have exclusive jurisdiction, unless the parties agree to submit their dispute to an alternative dispute resolution agreement.

11.3    In the first instance, the parties shall try, as far as possible, to settle their dispute amicably. If no agreement is reached within thirty (30) days from the notification of the dispute, the parties may then submit their dispute to a competent court in Mauritius.

 

 

12.    APPLICATION AND CHANGES TO THE T&C

 

12.1    The present Terms and Conditions apply to all Users of the Site. The User is hereby invited to carefully read and review the T&C on each visit to the Site, as they are made available via a hyperlink on the homepage and may be subject to modification at any time by the Publisher without prior notice.

12.2    The T&C applicable to any given use of the Site are those in force at the time of the User’s connection to and use of the Site. The Publisher reserves the right to amend, update, or revise all or part of the T&C at its discretion and without prior notice or information to the Users.

12.3    Such modifications may be made for various reasons, including, but not limited to, changes in the Services offered, advancements in technology, updates in legal or regulatory requirements, or the introduction of new services.

12.4    Any amendments to the T&C will be deemed effective upon their publication on the Site. These modifications shall be irrebuttably presumed to be accepted by the User upon accessing the Site after the publication of such amendments.

12.5    The Publisher encourages all Users to regularly review the T&C to remain informed of any changes. Continued use of the Site following any amendments to the T&C constitutes the User’s acceptance of such changes.

12.6    In the event that new Services are introduced to the Site, including those incorporating new technologies or features designed to enhance the quality of existing Services, these new Services shall also be subject to the provisions of the T&C, unless expressly stated otherwise.

 

 

13.    BETA DISCLAIMER

 

13.1    The User expressly acknowledges and agrees that the Site, together with all its associated services, applications, features, functionalities, and content, is currently provided in a beta version.

13.2    As such, it remains under active development and testing, and may contain technical imperfections, bugs, errors, software defects, misconfigurations, usability issues, incomplete or non-operational features, and other functional limitations that may impact the performance, accuracy, reliability, or availability of the Site and its services.

13.3    By accessing and using the Site during this beta phase, the User understands and accepts the experimental nature of the platform, and acknowledges that:
            a)    The Site may be subject to unexpected outages, downtime, or delays;
            b)    Certain functions may not operate as intended or may become temporarily or permanently disabled without prior notice;
            c)    There may be data loss, corruption, duplication, latency, transmission errors, or service interruptions;
            d)    Feedback and usage data may be monitored and collected for testing and improvement purposes;
            e)    Any content, data, or information input or submitted by the User during the beta phase may not be fully stored, retrievable, or processed reliably;
             f)    The beta version is provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

13.4    The Publisher shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, loss of use, loss of business, loss of revenue, damage to devices or software, reputational harm, or any other form of damage or inconvenience arising out of or related to the User’s access to or use of the beta version of the Site.

13.5    The User hereby irrevocably waives any and all claims or causes of action arising out of or in connection with the performance, reliability, or availability of the beta version, and agrees that the use of the Site during this phase is undertaken entirely at the User’s own risk and discretion.

 

 

14.    ENTIRE AGREEMENT

 

14.1    The T&C represents the understanding and contractual relationship made in between the Parties and its provisions supersedes the obligations and/or liabilities under any such previous negotiations and understandings made in between the Parties.

14.2    The acceptance of such terms and conditions are hereby governed by the Code Civil Mauricien and the laws of Mauritius.

14.3    The Company has the authority to modify these Terms and Conditions at any time, according to its own judgement. In the event that The Company makes any alterations to the terms or conditions, such changes, revisions, and supplementary details will be published on this platform and will automatically supersede the existing terms and conditions, thereby becoming legally binding for all users of this website. 

14.4    Your ongoing utilisation of the website subsequent to The Company's publication of updated terms and conditions signifies your acknowledgment and acceptance of the modified agreement.

By clicking on "Register" at the end of the registration process and checking the box " I declare that I have read and understood the general terms and conditions and agree to it ", the Agreement will be deemed as being duly authorised, executed and delivered by the Parties hereto and constitutes a legal, valid and biding obligation of each Party, enforceable against each Party in accordance with its terms and/or conditions.