Thanks for using Learnable Education.
Please read these Terms carefully. By using Learnable Education or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Learnable Education (“Agreement”).
We’ll start with the basics, including a few definitions that should help you understand these Terms.
Learnable Education (“ Learnable,” “we,” or “us”) is an online digital learning resources platform (the “Service”) offered through the URL app.learnable.education (we’ll refer to it as the “Website”).
“Content” means all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, links to external site, and other material and other content contained in the website, including, without limitation, the Learnable logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Content”) are the property of Learnable or its Related Entities (as defined in the Corporations Act (Cth) 2001.
Learnable is an Australian Proprietary Limited company whose legal name is Learnable Education Pty Ltd.
Learnable has employees, independent contractors, partnerships and representatives (“our Team”).
As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).
If you don’t agree to these Terms, you must immediately discontinue your use of the Service.
In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.
Note that by representing and warranting, you are making a legally enforceable promise.
Learnable may refuse service, close accounts of any users, and change eligibility requirements at any time under our discretion without prior notice.
When you sign up for the Service and agree to these Terms, the Agreement between you and Learnable is formed, and the term of the Agreement (the “Term”) will begin.
The Term will continue for as long as you have a Learnable account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
Entering your user account details and clicking the “Create your account” button means that you’ve officially “signed” and accepted the Terms.
If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
You or Learnable may terminate the Agreement at any time and for any reason by terminating your Learnable account or giving notice to the other party.
We may suspend the Service to you at any time, with or without cause.
If we terminate your account without cause, and you have unexpired paid course/s, we may refund a prorated portion of your paid course/s.
We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement.
If your account is inactive for 6 or more months, we may terminate the account.
Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
Usernames are unique and can only be used once.
If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
We may make improvements or changes to the information, services, products and other materials on this website, or terminate this website, at any time without notice.
We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website.
Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified Terms and Conditions.
You’re responsible for keeping your account name and password confidential.
You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Learnable is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity.
You’ll immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence.
We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password.
We have the right to update any of your contact information in your account for billing purposes.
In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account.
In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Learnable.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
Learnable accounts are only for individual and non-commercial purposes and are non-transferable.
When you register for a Learnable account, you will have limited access to the Service.
Most of our digital learning resources (“Course”) require paid subscription license to access.
Each Course has a specified expiry date and after this date, your paid access will be terminated immediately.
Time to time your account access may become unavailable due to scheduled maintenance or unexpected accidental events; in such situations Learnable is not liable for any losses and no claims can be made against Learnable.
When you are purchasing the Course(s), you will be required to provide Learnable information regarding your credit card or other payment instrument.
You represent and warrant to Learnable that such information is true and that you are authorised to use the payment instrument.
All credit card transactions are completed over a secure internet connection using strong cryptography and security protocols.
Digital certificates are used to maximise security when receiving credit card information.
Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your paid access until your payment can be processed.
Payments are non-refundable and there are no refunds or credits for partially used periods.
You may cancel paid subscription license (Course) before its expiry date however no refund or reimbursement will be provided.
Following any cancellation, however, you will continue to have access to your account with limited access.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”).
The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you use an Add-on that has a charge, then you’ll be billed that additional amount.
Add-ons may require upfront payment for their entire billing cycle and the above refunds terms will apply.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Except as otherwise expressly indicated by Learnable in writing, the Website, and all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and other content contained in the website, including, without limitation, the Learnable logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the Content) are the property of Learnable or its Related Entities (as defined in the Corporations Act (Cth) 2001) or licensors and are protected by Australian and international copyright laws.
The Website and all Content is copyrighted – (C) 2019 Learnable Education Pty Ltd All Rights Reserved.
You must not modify, copy, reproduce, republish, screen print, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute or disseminate this Content and the underlying software code in whole or in part or in any way except in accordance with applicable law or with our express prior written consent.
Learnable is the sole owner of the Content and any other materials on the Website.
Learnable can either store indefinitely or terminate the Content at any time at their sole discretion.
By agreeing to these Terms, you promise to follow these rules:
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
If you think anyone is violating any of these Terms, please notify us immediately.
If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided i n the lower section of this Agreement.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations.
The Website (excluding any linked third party sites) is controlled by Learnable from their principal business premises in Australia.
It can be accessed from countries around the world to the extent permitted by the Website.
As each country has laws that may differ from Australia, by accessing this site, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the Member’s use of the Website, irrespective of any conflict with any laws and statutes applicable to the Member’s country of domicile.
The Member further acknowledges and agrees that the filing of a claim against Learnable (if any) must be made in Australia in which their principal business premises is domiciled, and that any legal proceedings will be conducted in English.
Learnable makes no representation that Services offered through the Website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or Content from, or through, the Website which is illegal in your country of domicile is strictly prohibited.
You may not use the Service for any unlawful or discriminatory activities.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 17.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website.
We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
Our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service.
In addition, for the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Service in violation of our Terms under this Agreement, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, we provide the Website and the Service as-is.
This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied.
This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement.
Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.
You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your use of the Service, (b) your violation of any laws or regulations, (c) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (d) any misrepresentations made by you, or (e) a breach of any representations or warranties you’ve made to us.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs.
These fees may include solicitor and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We aren’t responsible for the behaviour of any third parties, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else exception to if you are under the age of eighteen (18) you may assign your right to your parent (or legal guardian) Consequently, your parent (or legal guardian) takes full responsibility under this Agreement on behalf of you as a participating minor.
We may assign our rights to any other individual or entity at our discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.
This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply:
Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.
If we determine, and notify you, that you need to take certain actions in order to minimise or rectify the identified breach, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website.
Any notice to us will be effective when delivered to us along with a copy to our headquarter: Attn. Legal Department, Learnable Education, Level 4, 210 Clarence Street, Sydney NSW 2000, Australia, or any addresses as we may later post on the Website.
This Agreement and any other terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
Congratulations! You’ve reached the end.
Thanks for taking the time to learn about Learnable’s terms and policies.
Registered Office Address:
210 Clarence Street
SYDNEY NSW 2000