1. INTRODUCTION

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1.1. WELCOME TO Lunar Academy

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Lunar Academy Ltd (“Lunar Academy”, “Company”, “we” or “us”) provides its Services (as described below) to you through its website located at www.lunaracademy.co, www.teachable.com and through its mobile applications and other interactive properties owned and operated by Lunar Academy (collectively, the “Site”), subject to the following Terms of Use.

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The Site is an online community for creative professionals. The Site enables users to access and/or purchase courses made available on the Site, apply for mentorship programs as well as purchase merchandise, books, and portfolio reviews, (collectively, such services, including any new features and applications, and the Site, the “Services”). Services include but are not limited to, any service and/or content Lunar Academy makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.

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1.2. ACCEPTANCE OF TERMS OF USE

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These terms of use are entered into by and between you and Lunar Academy. The following terms and conditions, together with any documents that expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of the Services, whether as a guest or a registered user.

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Please read the Terms of Use carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at:

https://school.lunaracademy.co/p/privacy
https://school.lunaracademy.co/p/terms

incorporated herein by reference. If you do not agree to these Terms of Use or Privacy Policy, promptly exit this page without accessing or using any of the Services.

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If you are using the Services on behalf of a business, that business also accepts these Terms of Use.

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1.3. CHANGES TO THE TERMS OF USE

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We may revise and update these Terms of Use from time to time at our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.

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Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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2. ACCESSING THE SERVICES AND ACCOUNT SECURITY

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2.1. ACCESS TO THE SERVICES

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Lunar Academy reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Lunar Academy will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

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We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. Lunar Academy may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.

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Services are available only to users above 16 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.

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2.2. REGISTRATION

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To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. You agree to (a) provide true, accurate, current, and complete information about yourself in the registration form and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Lunar Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Lunar Academy has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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2.3. ACCOUNT SECURITY

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If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Lunar Academy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

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3. USER CONDUCT

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3.1. USE OF THE SERVICE

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The Site and the Service are solely for your personal and non-commercial use. Unless otherwise expressly authorised in writing by Lunar Academy, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

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3.2. PROHIBITED USES

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You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Lunar Academy. Solely as an example, without limitation, you agree not to use the Services:

• In a way that violates any applicable local, state, national, or international law or regulation.
• To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
• To send, knowingly receive, upload, post, download, use or re-use any material or content that (i) contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with these Terms of Use; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by Lunar Academy or any other person or entity, if this is not the case.
• To transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• To impersonate or attempt to impersonate Lunar Academy, a Lunar Academy employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or otherwise misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lunar Academy or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Bypass any measures we may use to prevent or restrict access to the Services.
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorised in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
• Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

Lunar Academy shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable. If you suspect there has been a breach of these Terms of Use (other than relating to copyright infringement notices, as described below), please contact us at support@lunaracademy.co.

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4. DISPUTES BETWEEN USERS

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You agree that you are solely responsible for your interactions with any other user in connection with the Service and Lunar Academy will have no liability or responsibility with respect thereto. Lunar Academy reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service

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5. INTELLECTUAL PROPERTY

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5.1. LUNAR ACADEMY’S INTELLECTUAL PROPERTY RIGHTS

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The Services and related content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Lunar Academy, its licensors or other providers of such material and are protected by the United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use the Website for your personal, non-commercial use only. When accessing the Services and/or when purchasing a course we grant you a limited, non-exclusive, non-transferable, licence to access the Lunar Academy content and view (a) course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited licence, no right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Lunar Academy. Lunar Academy may revoke your licence at any time at its sole discretion. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.

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Lunar Academy’s name, Lunar Academy’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lunar Academy or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

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You must not delete or alter any copyright, trademark, or other proprietary rights notices from any materials on the Site.

Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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5.2. USER CONTRIBUTIONS

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You retain all rights and ownership of your photographs, images, videos, sounds or any other content or material you upload through the Services or share with other users or recipients (collectively, “User Contributions”). Lunar Academy does not claim any ownership rights in your User Contributions(i.e. Mentorship work shared on Discord, Click-Up or other platforms). However, by providing or uploading any User Contributions you hereby grant and will grant to Lunar Academy, its affiliates and service providers (and each of their respective licensees, successors and assigns) a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable licence to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, publish, and otherwise use and fully exploit your User Contributions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). Lunar Academy will always give you proper credit when using your User Contributions.

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6. MONITORING AND ENFORCEMENT; TERMINATION

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Lunar Academy has the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorised use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, (i) any violation of these Terms of Use, (ii) if you fail to pay any fees that you owe, (iii) if you file or submit fraudulent chargebacks requests, (iv) if we suspect that you engage in fraudulent or illegal activities, or (v) for any other reason in our reasonable sole discretion.

You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Lunar Academy may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the Service. Further, you agree that Lunar Academy will not be liable to you or any third party for any termination of your access to the Service.

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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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7. RELIANCE ON INFORMATION POSTED

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The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

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The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. Lunar Academy has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Lunar Academy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lunar Academy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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8. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send e-mails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
  

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
  

Please remember that the manner in which social media services use, store, and disclose your information is governed solely by the policies of such third parties, and Lunar Academy shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, Lunar Academy is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with social media services. As such, Lunar Academy is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such social media services. Lunar Academy enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

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You agree to immediately cooperate with us to cease any unauthorised framing or linking. We reserve the right to withdraw linking permission without notice.

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We may disable all or any social media features and any links at any time without notice in our sole discretion.

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9. LINKS FROM THE SERVICES

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If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Lunar Academy reserves the right to remove any link made available by third parties in the Services.

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10. GEOGRAPHIC RESTRICTIONS

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You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.K. trade restrictions or sanctions (See https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions).

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11. FEES

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Lunar Academy offers online courses and other Services for a fee. You agree to pay the fees for content that you purchase, and you authorise Lunar Academy to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by Lunar Academy and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.

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We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.

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You shall provide Lunar Academy care of the Stripe payment platform, and information regarding your credit card or other payment instrument. You represent and warrant that (a) such information is true, accurate, current, and complete and that you are authorised to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current, and complete. You agree that Lunar Academy may update your payment methods using the information provided to us by our payment service providers and you authorise us to continue to charge the then-applicable fees to your updated payment method.

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Lunar Academy reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).

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12. REFUNDS, REPLACEMENT AND REPAIRS

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If a service or physical good provided by the Lunar Academy platform is not of satisfactory quality, fit for purpose, or as described, you have the right to have the service/good replaced or repaired.

‘Cooling off period’, you have the right to cancel the purchase of a digital service or physical good within 14 days of receiving them for a full refund; however, for digital services, upon accessing them, you waive this right.

Items of clothing found to be incorrect in size may be returned to be exchanged within 30 days of purchase. Returns for exchange must be in an unwashed, unworn, and resalable condition (with original packaging, tags, and/or labels attached).

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Refunds are not available for accounts which violate this Terms of Use.

If Lunar Academy determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.

To request a replacement, repair or refund please contact us via support@lunaracademy.co.  

Lunar Academy will apply your refund to your original payment method.

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13. GIFT CARDS

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Lunar Academy or our partners may offer gift cards that can be used to purchase our eligible courses subject to the terms included in your gift card. You must create or have an existing and valid Lunar Academy account to redeem a gift card.

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Gift cards offered by Lunar Academy are not for resale without express written authorisation from Lunar Academy and are not refundable and may not be redeemed for cash or any cash equivalent, except as required by law. Gift cards offered by a partner are subject to that partner’s policies.

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Lunar Academy is not responsible for any lost or stolen gift cards or use without your permission. We may withdraw or cancel the gift card and require an alternative form of payment if we suspect that the gift card may have been stolen or fraudulently used. Further action may also be taken. The use of gift cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Lunar Academy is prohibited without Lunar Academy’s prior written approval. Gift cards are not valid and will not be honoured, and Lunar Academy will not be liable if obtained from unauthorised sellers, distributors, or resellers.

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14. DISCLAIMER OF WARRANTIES

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You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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15. LIMITATION OF LIABILITY

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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LUNAR ACADEMY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL LUNAR ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LUNAR ACADEMY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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16. INDEMNIFICATION

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You agree to defend, indemnify and hold harmless Lunar Academy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorised in these Terms of Use, or your use of any information obtained from the Service.

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17. GOVERNING LAW AND JURISDICTION

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This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

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18. DISPUTE RESOLUTION

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Generally. In the interest of resolving disputes between you and Lunar Academy in the most expedient and cost-effective manner, you and Lunar Academy agree that any dispute arising out of or in any way related to these Terms of Use, your use of the Site or the Services or the purchase, receipt, order or use any of any course will be resolved by binding arbitration. Arbitration is less formal than a claim in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to (a) pursue enforcement action through the state or local agency if that action is available; (b) seek injunctive relief in a court of law; or (c) to file suit in a court of law to address an intellectual property infringement claim.

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Arbitrator. Any arbitration between you and Lunar Academy will be governed by the United Kingdom Arbitration Act 1996 (c 23). The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

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Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party electronic mail (“Notice”). Lunar Academy’s address is support@lunaracademy.co. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Lunar Academy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Lunar Academy must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

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No Class Actions. YOU AND Lunar Academy AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lunar Academy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.‍

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Modifications to this Arbitration Provision. If Lunar Academy makes any future change to this arbitration provision, other than a change to Lunar Academy’s address for notice, you may reject the change by sending us written notice within 30 days of the change to Lunar Academy’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Lunar Academy.

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19. LIMITATION ON TIME TO FILE CLAIMS

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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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20. WAIVER AND SEVERABILITY

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No waiver of by Lunar Academy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lunar Academy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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21. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT

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You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

You may not assign these Terms of Use without the prior written consent of Lunar Academy, but Lunar Academy may assign or transfer these Terms of Use, in whole or in part, without restriction.

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22. ENTIRE AGREEMENT

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The Terms of Use constitute the sole and entire agreement between you and Lunar Academy with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

23. TIME USAGE

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Unless expressly stated otherwise, in order to maintain a global standard and ensure consistency in our services, all deadlines and times reported by Lunar Academy are based in UK local time (GMT or BST).

24. LANGUAGE

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Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language will control it if there is any conflict.

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25. YOUR COMMENTS AND CONCERNS

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Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to support@lunaracademy.co.

These Terms of Use were last updated on 3rd June 2024.

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