Terms & Conditions (General)
Last updated: June 2020
Please read these Terms & Conditions carefully as they contain important information regarding your legal rights and obligations. If you are a Partner, please also read the additional Partner-specific Terms & Conditions.
1. Who We Are
1.1 The website learnitall.com.au and its associated features is owned and operated by Learn It All Pty Ltd (ABN 36 637 210 738) (“Learn It All”, "We", "Our", "Us").
1.2 These Terms & Conditions (“Terms”) govern the access or use by you, an individual, from within any country in the world of the website made available by Learn It All.
2. What We Do
2.1 Learn It All provides an online platform that connects Partners who provide educational services (“Classes”) and associated products available to be ordered by Buyers (collectively, the "Services"). The Services are accessible at learnitall.com.au and any other websites through which Learn It All makes the Services available (collectively, the "Site"). Learn It All also provides Booking Management Tools for Partners to accept and manage online bookings and scheduling.
2.2 By registering as a Buyer or Partner you become a member of Learn It All (“Member”).
2.3 Partners list the Services available for supply on the Site and the price for that Service (“Product Availability Lists”).
2.4 Learn It All cannot and does not control the content contained in any of the Partners’ Product Availability Lists nor the condition, legality or suitability of any Services. Learn It All is not responsible for and does not accept all liability related to any Services sold. Any Services sold or ordered will be made or accepted at the Member's own risk.
2.5 You understand and agree that Learn It All is not a party to any agreements entered into between Partners and Buyers, nor is Learn It All an agent, representative or any other provider of Services. Learn It All has no control over the quality or quantity of Services supplied, the conduct of Partners, Buyers and other users of the Site, and does not accept any liability in this regard to the maximum extent permitted by law.
2.6 Learn It All may act as the limited payment collection agent of each Partner for the purpose of accepting payments from Buyers on behalf of the Partner.
3. Access and Use of the Site
3.1 By browsing, accessing, using the Site or making an order of a Class, Service or Product via the Site (an “Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the modified Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such modified Terms. If the modified Terms are not acceptable to you, you must cease using the Site. Learn It All may immediately terminate these Terms, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
3.2 In connection with your use of the Site, you must not (or attempt to):
(a) Link to our Site or any part of our Site in a way that damages or takes advantage of Our reputation, including but not limited to:
(i) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(ii) in a way that is illegal or unfair.
(b) interfere with or disrupt the Site or the servers or networks that host the Site;
(c) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site;
(d) interfere with or damage our Site including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(e) access or use our Site to use, expose, or allow to be used or exposed, any Learn It All Content:
(i) that is not publicly displayed by Learn It All in its search results pages or listing pages;
(iii) in any way that otherwise violates the privacy rights or any other rights of Learn It All's users or any other third party;
(f) use the Site for any commercial or other purposes that are not expressly permitted by these Terms;
(g) offer, as a Partner, any Services that you do not yourself own, create or have permission to create;
(h) contact a Partner or Buyer for any purpose other than asking a question related to transacting on Learn It All or use of the Site;
(i) as a Partner, submit any Product Availability Lists with false or misleading price information, or submit any Product Availability Lists with a price that you do not intend to honour;
(j) copy, store or otherwise access or use any information contained on the Site for purposes not expressly permitted by these Terms;
(k) use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit cards, debit cards, or account numbers;
(l) use our Site in connection with the distribution of unsolicited commercial email ("spam")
(m)"stalk" or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member;
(n) register for more than one Learn It All Account or register for an Learn It All Account on behalf of an individual other than yourself;
(o) post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances;
(p) use, display, mirror or frame the Site, or any individual element within the Site, Learn It All's name, any Learn It All trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site without Our express written consent;
(q) access, tamper with, or use non-public areas of the Site or Learn It All's computer systems;
(r) attempt to probe, scan, or test the vulnerability of any Learn It All system or network or breach any security or authentication measures;
(s) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Learn It All to protect the Site;
(t) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
(u) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
(v) accept or make a payment outside of Learn It All. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Learn It All harmless from any liability for such payment.
(w) advocate, encourage, or assist any third party in doing any of the foregoing;
Learn It All has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
4. Account Registration
4.1 To access some features of the Site, such as to order or sell Classes, you must register an account with us (“Account”). By registering an account, you become a Member. To register for an Account, you must provide us with accurate and current personal information including but not limited to, your name, postcode and a valid email address. You may not have more than one (1) active Learn It All Account. Learn It All reserves the right to suspend or terminate your Learn It All Account and your access to the Site if you create more than one (1) Learn It All Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
4.2 You may cancel your Learn It All Account at any time by sending us an email (email@example.com). Please note that if your Learn It All Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any Feedback.
4.3 The Site is intended for persons who are 18 or older. By accessing or using the Site you represent and warrant that you are 18 or older, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian.
4.4 You can also register an Account by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook and Google, each such account, a "Third-Party Account"), via our Site. As part of the functionality of the Site, you may link your Learn It All Account with Third-Party Accounts, by either:
(i) providing your Third-Party Account login information to Learn It All through the Site; or
(ii) allowing Learn It All to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Learn It All and/or grant Learn It All access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Learn It All to pay any fees or making Learn It All subject to any usage limitations imposed by such third-party service providers.
By granting Learn It All access to any Third-Party Accounts, you understand that Learn It All will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your Learn It All Account and Learn It All Account profile page. All SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
4.5 Learn It All powers the registration, checkout and payments systems of certain Partners. Therefore, when you book via Learn It All as a Buyer you will be adding your account information to the Partner’s contact database as well as to Learn It All’s database (except for credit card details). To place an Order, you may need to enter details including your full name, email, child or student’s full name, child or student’s birthdate, postcode, primary phone, as well as other information requested by the Partner. This information is stored in the Learn It All database. If you use the same account to make an Order of a Class or Service at another Partner within the Learn It All ecosystem, all information may be accessible with the other Partner (except for credit card details).
4.6 You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions (including Orders) under your Account, whether or not you have authorised such activities or actions. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
4.7 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Us (firstname.lastname@example.org) immediately and take immediate steps to re-secure your Account (including by changing your password).
4.9 You acknowledge that Learn It All has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating and improving the Site, to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, and to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
4.10 Both Buyers and Partners agree to cooperate with and assist Learn It All in good faith, and to provide Learn It All with such information and take such actions as may be reasonably requested by Learn It All, in connection with any complaints or claims made by Members relating to the provision of the Partner’s Services or Classes.
5.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
5.2 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for Orders. The payment method must have sufficient funds or credit to cover the Order.
5.3 If you have made a mistake with your Order after you have submitted it to the Site, please contact Us (email@example.com) immediately. However please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
5.4 Prices shown on the Site are in Australian dollars and are subject to change. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the Site.
5.5 When you place an Order, you will receive from us an Order acknowledgement by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract will not be formed until you receive an Order Confirmation email from us. We are not obliged to supply the Product or Service to you until the respective Partner has accepted your Order.
5.6 Until the time a Partner has accepted your Order, We reserve the right to refuse to process your Order and you have the right to cancel your Order. If We or you have cancelled your Order before it has been accepted by the Partner, we will promptly refund any payment already made by you to your original payment method. The Terms that will apply to any Order are the Terms that applied at the time you placed the order.
6.1 The Services will be prepared and delivered either by the Partner or through a delivery agent. Delivery agents may be elected by Learn It All or the Partner. Delivery agents are not employees of Learn It All and may be independent contractors.
6.2 Learn It All is not responsible for any failure or delay in the supply of the Services.
7. Privacy and Communications
7.2 By creating a Learn It All Account, you agree that Learn It All or the Partner may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services
8. No Endorsement
8.1 Learn It All does not endorse any Member or any Product Availability Lists. No reference or description on the Site is an endorsement, certification or guarantee by Learn It All about any Classes or Services available, including whether the Member is trustworthy, safe or suitable. We recommend that you always exercise due diligence and care when deciding whether to order Classes from a Product Availability List or to have any other interaction with any other Member.
8.2 Learn It All may upload and display icons on Product Availability List or Member profiles. The icons indicate that Members have performed services in accordance with criteria predetermined by Learn It All. The notation is merely an indication that the prescribed criteria has been met and is not an endorsement, certification or guarantee by Learn It All about any Member.
9. Claims against other Members
9.1 By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member/s or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy on Learn It All with respect to such acts or omissions.
10. Payments to Partners (Service Fees)
10.1 If you order through the Site as a Buyer you are required to pay the agreed fees for the products and services provided by the Partner (“Service Fees”). After you have made an Order through your use of the Site and the Order has been accepted by the respective Partner, Learn It All will facilitate your payment of the Service Fees (inclusive of Taxes) on behalf of the Partner as the Partner’s limited payment collection agent. Service Fees paid by you are final and non-refundable, unless otherwise determined by Learn It All.
10.2 All Service Fees will be processed by Learn It All using the preferred payment method designated in your Learn It All Account, after which Learn It All will send you a receipt by email. If your primary Learn It All Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Learn It All may, as the Partner’s limited payment collection agent, use a secondary payment method in your Learn It All Account, if available.
11. Cancellations, Make-Up Lessons and Refunds
11.1 Each Class or Service is subject to the make-up lesson policy or cancellation policy of the respective Partner, and specific cancellation policies can be found under each respective Class or Service’s details published on the Site. We recommend reviewing the cancellation policy of each Class or Service and Partner before making an Order. Any and all cancellations must be made in the manner laid out in the Class or Service description. If you do not cancel a Class or Service as required by its respective cancellation policy, and you or your child/student does not attend the Class or Service, we reserve the right to charge you the full amount that the Partner charges for such Class or Service and/or the applicable cancellation fees.
11.2 Refunds to Buyers will be at the discretion of Learn It All who is responsible in its capacity as the Partner’s limited payment collection agent for all refunds to cardholders. Please contact firstname.lastname@example.org for any queries.
12. Loyalty Program
12.1 Our Learners Club loyalty program (“Program”) is offered to Members at the sole discretion of Learn It All. It is open only to individuals who are eighteen (18) years of age and older, have a valid email address and have registered as a Member. By participating in the Program, Members can earn Learners Club points (“Points”) by making Orders through learnitall.com.au; and can redeem available Points for certain future Orders subject to these Terms and availability of Products and Services.
12.2 Learn It All may at its sole discretion modify any of the Terms and Conditions governing the Program including, but not limited to, the rules for earning and redeeming Points, the expiration policy for Points and the Products and Services on which Points may be earned and redeemed. This may occur at any time, with or without notice, even though these changes may affect your ability to use any Points or benefits you have already earned.
12.3 Learn It All reserves the right in its sole discretion to disqualify any Member it finds to be tampering with the operation of the Program or to be acting in breach of these Terms or in a fraudulent or deceptive manner. Any attempt by any Member to undermine the legitimate operation of the Program may be a breach of criminal and civil law, and, should such an attempt be made or threatened, Learn It All reserves the right to seek damages from any such person to the fullest extent permitted by law.
12.4 The Program has no predetermined termination date and may continue until such time as Learn It All decides to terminate the Program. Learn It All may terminate the Program at any time. Upon termination, you will have sixty (60) days from the date Program termination is announced to use available Points remaining in your account. After that date, any Points will be forfeited without compensation.
12.5 Your continued participation in the Program constitutes your acceptance of any changes to these Terms and Conditions.
13. Member Content
13.1 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, you hereby grant to Learn It All a worldwide, irrevocable, perpetual (or for the term of the protection), transferable, royalty-free license, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and access such Member Content on, through, by means of or to promote or market the Site. Learn It All does not claim any ownership rights in any such Member Content.
13.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Learn It All the rights in such Member Content; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Learn It All's use of the Member Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
14. Intellectual Property
14.1 The Site and Collective Content are protected by copyright, trademark, and other laws of Australia and other countries. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights, are the exclusive property of Learn It All and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Collective Content.
14.2 The contents of the Site are intended solely for personal, non-commercial (other than for making Orders from our Site) use by its users. You may download or copy the contents and other downloadable materials displayed on learnitall.com.au for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
14.3 You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this site.
14.4 It is Learn It All's policy to terminate in appropriate circumstances the Learn It All Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
15.1 Subject to your compliance with these Terms, Learn It All grants you a limited, non-exclusive, non-transferable license, to: access and view any Learn It All Content solely for your personal and non-commercial purposes; and access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
15.2 You have no right to sublicense the license rights granted in this section.
15.3 Under the license granted to you, you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Learn It All or its licensors, except for the licenses and rights expressly granted in these Terms.
16.1 The Site may contain links to third-party websites or resources. You acknowledge and agree that Learn It All is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
16.2 Links to websites or resources do not imply any endorsement by Learn It All of such websites or resources or the content, products, opinions or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
17.1 We encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us or through the "Contact" section of the Site. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Learn It All and you hereby irrevocably assign to Learn It All, all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
18. Suspension, Termination and Cancellation of Accounts
18.1 We may, in our discretion and without liability to you, with reasonable cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Learn It All Account.
18.2 If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Learn It All Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your Account, your Member Content, (b) any pending or accepted future orders as either Partner or Buyer may be immediately terminated, (c) we may communicate to your Buyers or Partners that a potential or confirmed order has been cancelled, (d) we may refund your Buyers in full for any and all confirmed orders, irrespective of pre-existing cancellation policies, (e) we may contact your Buyers to inform them about potential alternate Product Availability List with other Partners that may be available on the Site and (f) you will not be entitled to any compensation for Orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Learn It All Account.
19.1 If you choose to use the Site or Collective Content, you do so at your sole risk. You acknowledge and agree that Learn It All does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. The Site and Collective Content are provided "as is", without warranty of any kind. Learn It All makes no warranty that the Site and Collective Content, including, but not limited to, the Product Availability List, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
19.2 Learn It All makes no warranty regarding the quality of any Classes, Product Availability List, Partners, Buyers, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site.
19.3 No advice or information, whether oral or written, obtained from Learn It All or through the Site or Collective Content, will create any warranty not expressly made herein.
19.4 You are solely responsible for all of your communications and interactions with other users of the Site, and with other persons with whom you communicate or interact as a result of your use of the Site including, but not limited to, any Partners or Buyers. Learn It All makes no representations or warranties as to the conduct of users of the Site or their compatibility with any current or future users of the Site. You agree to take reasonable precautions in all communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site including, but not limited to, Buyers and Partners, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Learn It All. Notwithstanding Learn It All's appointment as the limited payment collection agent of the Partners for the purpose of accepting payments from Buyers on behalf of the Partners, Learn It All explicitly disclaims all liability for any act or omission of any Partner, Buyer or other third party.
20. Limitation of Liability
20.1 Learn It All will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, the delivery of the services by the Partners (or failure to deliver the services), from the use of or inability to use the Site or Collective Content, from any communications, interactions or meetings with other users of the Site or services or other persons with whom you communicate or interact as a result of your use of the Site, or from your Product Availability Lists or ordering of any Classes or Services via the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
21.1 You agree to release, defend, indemnify, and hold Learn It All and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) ordering from any Product Availability Lists, or (iii) creation of a Product Availability Lists; (d) the consumption of any Classes or Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your ordering or consumption of any Classes or Services.
22. Dispute Resolution
22.2 Claims between Members: If either the Buyer or the Partner has a complaint or dispute arising out of or in relation to a supply of Services under these Terms, it must notify Learn It All and the other party within 48 hours of the facts, matters or circumstances giving rise to the complaint arising.
Learn It All may, but is not obliged to investigate claims by Members in relation to the provision of services by Partners to Buyers.
All claims by or between Members are personal to those Members and Learn It All is released and discharged from all claims and liabilities in relation to such claims.
22.3 Claims between Learn It All and Members: You and Learn It All agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively, "Disputes") should be lodged with Us (email@example.com) at first instance. Disputes will then be subject to mediation for resolution.
23.1 Entire agreement: These Terms constitute the entire and exclusive understanding and agreement between Learn It All and you regarding the Site and Collective Content, and any Orders from Product Availability Lists made via the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between Learn It All and you regarding Orders from Product Availability List made via the Site and Collective Content.
23.2 Assignment: You may not assign or transfer these Terms, without Learn It All's prior written consent. Learn It All may assign or transfer these Terms, at its sole discretion, all or any of our rights or obligations under these Terms to any person.
23.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, pandemic, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
23.4 No waiver: The failure of Learn It All to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Learn It All. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
23.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to Us.
23.6 Third party beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. The parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
23.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
23.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
23.9 Governing law: These Terms shall be governed by and construed in accordance with the law of New South Wales and Australia. Both parties hereby submit to the jurisdiction of the courts of New South Wales and Australia.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party
We reserve the right to change, suspend, or discontinue Learn It All at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you and you may not be able to recover any content that you posted to Learn It All.
In this document, terms are defined either (i) in the above body of this document, or (ii) as set out below, unless the contrary intention appears:
Booking Management Tools means website functions provided by Learn It All for Partners to accept and manage online bookings and scheduling.
Collective Content means Member Content and Learn It All Content.
Content means text, graphics, images, music, software, audio, video, information or other materials.
Buyer means a Member who requests from a Partner any order of classes, products and services via the Site.
Learn It All Content means all Content that Learn It All makes available through the Site, including any Content licensed from a third party, but excluding Member Content.
Liability means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these.
Member means a person who completes Learn It All's account registration process, including but not limited to Partners and Buyers.
Member Content means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Product Availability Lists or Member profile to be made available through the Site.
Partner means a Member who offers educational Services to Buyers on Our Site via Product Availability Lists. Every Partner is an independent Third Party Provider.
Product Availability Lists means one or more items including but not limited to classes, products and services, that is listed by a Partner as available for order via the Site.
Tax or Taxes mean any sales taxes and/or goods and services taxes (GST), that We and Our Partners may be required by law to collect and remit to governmental agencies.
If you have any questions about these Terms, please contact us via email at firstname.lastname@example.org.