Terms & conditions

  1. About this website. Welcome to www.welernen.com These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 09 October 2020.

    The Services are currently provided to you by WeLernen Pty Ltd (ABN 73 648 831 181), also referred to below as “WeLernen”, “we”, “our” or “us”.

  2. Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

    You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at WeLernen Customer Support.

  3. Using WeLernen. To use the Services, you must be over 18 years old. You agree that you will only post in relation to tutoring, coaching, mentoring and training services in Australia in the appropriate category or area and you agree that you will not do any of the following bad things:

    • violate any laws or the Posting Rules;
    • post any threatening, abusive, defamatory, obscene or indecent material;
    • be false, misleading or deceptive;
    • infringe any third-party right;
    • distribute or send communications that contain spam, chain letters, or pyramid schemes;
    • distribute viruses or any other technologies that may harm WeLernen, the Services or the interests or property of WeLernen users;
    • impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
    • copy, modify, or distribute any other person’s content without their consent;
    • use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
    • harvest or otherwise collect information about others, including email addresses, without their consent
    • bypass measures used to prevent or restrict access to the Services.

     

  4. Abusing WeLernen Services. WeLernen and the WeLernen community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to WeLernen and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that WeLernen is not under any obligation to monitor any data or content which is submitted to or available on the Services.

  5. Global Marketplace. Your profile may display on countries other than Australia if you choose to provide tutoring, coaching, mentoring and/or training services online. By using the Services, you agree that your ads can be displayed on other countries where WeLernen operates. This will give you the opportunity to reach more potential customers for your offered tutoring, coaching, mentoring and/or training services

  6. Fees and Services. Using the Services is generally free. We may sometimes charge a fee for additional features or Services. If the additional feature you use incurs a fee, you will be able to review and accept that charge before purchase. If you choose to pause an ad at any stage, any features you have applied to your ad will not be paused. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for WeLernen to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on WeLernen’s Services.

  7. Content. WeLernen’s Services contain content from us, you, and other users. WeLernen’is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

  8. Limitation of Liability. Nothing in these Terms of Use (including this clause 11) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

    Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. Without in any way limiting the above, you understand and agree that any seller listing prices are applied at the sole discretion of that specific user for their listing. WeLernen does not in any way represent, warrant or guarantee that a price displayed for any listing on the Services is a genuine price. This means displayed prices by sellers are indicative only. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, WeLernen’s liability to you for any failure by WeLernen to comply with any statutory guarantee under the Australian Consumer Law is limited to WeLernen supplying the Services again or paying you the cost of having the Services supplied again. WeLernen excludes any liability to you for any loss or damage suffered by you as a result of WeLernen failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by WeLernen.

  9. Indemnification. You will indemnify and hold harmless WeLernen and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

  10. Release. If you have a dispute with one or more WeLernen users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

  11. Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the USA, Asia and Europe (UK) as further described in our privacy policy.

  12. Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

 

Last Modified: 13 October 2020