In these terms and conditions, “we” “us” and “our” refers to Open Learning Global Pty Ltd and the service we provide at openlearning.com, the Service. Your contribution, access to and use of all information (“Content”) on this website are provided subject to these terms and conditions. These terms may be superseded by an agreement between us and your university, company or organisation.
We reserve the right to amend this Notice at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details, including your name and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
3. On registration, we you will provide a password, profile name and any additional details that may be required. In the event that you would like to create a course, you will be required to pay for the Service as set out on our website.
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
5. You are responsible for all and any Content you contribute to the Service.
6. We reserve the right but will not have an obligation to remove or refuse to distribute any Content that does not comply with these Terms of Service.
7. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.
8. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
9. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.
Subscription and Refund Policy
10. Some courses on OpenLearning require you to pay a fee before you can enrol in the course or a fee to be assessed and certified for an accredited course. In the event that you are unsatisfied with a purchase made through the Apple App Store, please refer to the App Store refund process.
11. Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
12. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
13. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
14. We claim no intellectual property rights over the material you submit, post, transmit or display on, or through, the Service. Your profile and materials uploaded remain yours. The ownership of any content created by a user of the Service in the context of a course remains the property of that user. However, be aware that by setting your profile or pages to be viewed publicly, you are allowing others to view your content.
15. The copyright to all content that has been created by us, including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
16. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
17. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
18. Whilst we take all due care in providing our Services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
19. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
20. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
21. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those Services supplied again.
22. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services we have supplied.
23. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
24. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales (NSW) and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
25. If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
27. Users may not make direct, specific threats of violence against others, including threats against a person or group on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, gender identity, age, or disability. In addition, users may not post intimate photos or videos that were taken or distributed without the subject’s consent. Targeted abuse or harassment of any kind is also a violation of these terms of service.
28. We will automatically update the website from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.