Terms of Use
These Terms of Use (“Terms”) were
last updated on March 23, 2020.
Learnhub’s mission is to improve lives
through learning. We enable anyone anywhere to create and share educational
courses (instructors) and to enroll in these educational courses to learn
(students). We consider our marketplace model the best way to offer valuable
educational content to our users. We need rules to keep our platform and
services safe for you, us and our student and instructor community. These Terms
apply to all your activities on the Learnhub website, the Learnhub mobile
applications, our APIs and other related services (“Services”).
1. Accounts
You need an account for most activities on
our platform. Keep your password somewhere safe, because you’re responsible for
all activity associated with your account. If you suspect someone else is using
your account, let us know by contacting our Support Team. You must have reached
the age of consent for online services in your country to use Learnhub.
You need an account for most activities on
our platform, including to purchase and enroll in a course or to submit a
course for publication. When setting up and maintaining your account, you must
provide and continue to provide accurate and complete information, including a
valid email address. You have complete responsibility for your account and
everything that happens on your account, including for any harm or damage (to
us or anyone else) caused by someone using your account without your
permission. This means you need to be careful with your password. You may not
transfer your account to someone else or use someone else’s account without
their permission. If you contact us to request access to an account, we will
not grant you such access unless you can provide us the login credential
information for that account. In the event of the death of a user, the account
of that user will be closed.
If you share your account login credential
with someone else, you are responsible for what happens with your account and Learnhub
will not intervene in disputes between students or instructors who have shared
account login credentials. You must notify us immediately upon learning that
someone else may be using your account without your permission (or if you
suspect any other breach of security) by contacting our Support Team. We may
request some information from you to confirm that you are indeed the owner of
your account.
Students and instructors must be at least
18 years of age to create an account on Learnhub and use the Services. If you
are younger than the required age, you may not set up an account, but we
encourage you to invite a parent or guardian to open an account and help you
enroll in courses that are appropriate for you. If we discover that you have
created an account and you are younger than the required age for consent to use
online services, we will terminate your account.
You can terminate your account at any time.
Check our Privacy Policy to see what happens when you terminate your account.
2. Course Enrollment and access.
When you enroll in a course, you get a
license from us to view it via the Learnhub Platform and no other use. Don’t
try to transfer or resell courses in any way. We grant you a time-limited
access license, except when we must disable the course because of legal or
policy reasons.
In legal, more complete terms, Learnhub
grants you (as a student) a limited, non-exclusive, non-transferable license to
access and view the courses and associated content for which you have paid all
required fees, solely for your personal, non- commercial, educational purposes
through the Services, in accordance with these Terms and any conditions or
restrictions associated with a particular courses or feature of our Services.
All other uses are expressly prohibited. You may not reproduce, redistribute,
transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit,
create derivative works of, sublicense, or otherwise transfer or use any course
unless we give you explicit permission to do so in a written agreement signed
by a Learnhub authorized representative. This also applies to content you can
access via any of our APIs.
We generally give a time-limited access license to our students when they enrol in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Safety Guidelines.
Instructors may not grant licenses to their courses to a student directly and any such direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a
valid payment method. If you aren’t happy with your course, Learnhub offers a 14-day
refund or credit for most course purchases where Learnhub does not deliver on
its promise.
3.1 Pricing
The prices of courses on Learnhub are
determined based on market demand.
We regularly run promotions and sales for
our courses and certain courses are only available at discounted prices for a
set period of time. The price applicable to a course will be the price at the
time you complete your purchase of the course (at checkout). Any price offered
for a particular course may also be different when you are logged into your
account from the price available to users who aren’t registered or logged in,
because some of our promotions are available to new users only.
If you are logged into your account, the
listed currency you see is based on your location when you created your
account. If you are not logged into your account, the price currency is based
on the country where you are located. We do not enable users to see pricing in
other currencies.
If you are a student located in a country
where use and sales tax, goods and services tax, or value added tax is
applicable to consumer sales, we are responsible for collecting and remitting
that tax to the proper tax authorities. In certain countries, the price you see
may include such taxes.
3.2 Payments
You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment (such as Stripe, SEPA, direct debit, or mobile wallet) for those fees. Learnhub works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to
use an invalid or unauthorised payment method. If your payment method fails and
you still get access to the course you are enrolling in, you agree to pay us
the corresponding fees within thirty (30) days of notification from us. We
reserve the right to disable access to any course for which we have not
received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied to your next course purchase on our website. Credits may expire if not used within the specified period and have no cash value.
3.3 Refunds and Credits
If the course you purchased is not what you
were expecting, you can request, within 14 days of your purchase of the course,
that Learnhub credit/refund your account. We reserve the right to apply a
credit or a refund, at our discretion, depending on capabilities of our payment
processing partners or the platform from which you purchased your course. No
credit or refund is due to you if you request it after the 14-day guarantee
time limit has passed.
At our discretion, if we believe you are
abusing our credit/refund policy, we reserve the right to ban your account and
to restrict all future use of the Services. If we ban your account or disable
your access to a course due to your violation of these Terms or our Terms
and Conditions, you will not be eligible to receive any credit or refund.
4. Content and Behavior Rules
You can only use Learnhub for lawful
purposes. You’re responsible for all the content that you post on our platform.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable
you to ask questions to the instructors of courses you are enrolled in, and to
post reviews of courses. For certain courses, the instructor invites you to
submit content as “homework” or tests. Don’t post or submit anything that is
not yours.
Learnhub has discretion in enforcing these
Terms. We may terminate or suspend your permission to use our platform and
Services or ban your account at any time, with or without notice, for any
violation of these Terms, if you fail to pay any fees when due, upon the
request of law enforcement or government agencies, for extended periods of
inactivity, for unexpected technical issues or problems, or if we suspect that
you engage in fraudulent or illegal activities. Upon any such termination we
may delete your account and content, and we may prevent you from further access
to the platforms and use of our Services.
5. Learnhub’s Rights to Content You Post
You retain ownership of the content you post to our platform.
The content you post as a student remains
yours.
6. Using Learnhub at Your Own Risk
Anyone can use Learnhub and we enable
instructors and students to interact for teaching and learning. Like other
platforms where people can post content and interact, some things can go wrong,
and you use Learnhub at your own risk.
By using the Services, you may be exposed
to content that you consider offensive, indecent, or objectionable. Learnhub
has no responsibility to keep such content from you and no liability for your
access or enrollment in any course, to the extent permissible under applicable
law. This also applies to any courses relating to health, wellness and physical
exercise. You acknowledge the inherent risks and dangers in the strenuous
nature of these types of courses, and by enrolling in such courses, you choose
to assume those risks voluntarily, including risk of illness, bodily injury,
disability, or death. You assume full responsibility for the choices you make
before, during and after your enrollment in a course.
When you interact directly with a student
or an instructor, you must be careful about the types of personal information
that you share. We do not control what students and instructors do with the
information they obtain from other users on the platform. You should not share
your email or other personal information about you for your safety.
We do not hire or employ instructors nor
are we responsible or liable for any interactions involved between instructors
and students. We are not liable for disputes, claims, losses, injuries, or
damage of any kind that might arise out of or relate to the conduct of
instructors or students.
When you use our Services, you will find
links to other websites that we don’t own or control. We are not responsible
for the content or any other aspect of these third-party sites, including their
collection of information about you. You should also read their terms and
conditions and privacy policies.
7. Learnhub’s Rights
We own the Learnhub platform and Services,
including the website, present or future apps and services, and things like our
logos, API, code, and content created by our employees. You can’t tamper with
those or use them without authorization.
All right, title, and interest in and to
the Learnhub platform and Services, including our website, our existing or
future applications, our APIs, databases, and the content our employees or
partners submit or provide through our Services (but excluding content provided
by instructors and students) are and will remain the exclusive property of Learnhub
and its licensors. Our platforms and services are protected by copyright,
trademark, and other laws of the Republic of Ireland and foreign countries.
Nothing gives you a right to use the Learnhub name or any of the Learnhub
trademarks, logos, domain names, and other distinctive brand features. Any
feedback, comments, or suggestions you may provide regarding Learnhub or the
Services is entirely voluntary and we will be free to use such feedback,
comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while
accessing or using the Learnhub platform and Services:
access, tamper with, or use non-public
areas of the platform, Learnhub’s computer systems, or the technical delivery
systems of Learnhub’s service providers.
disable, interfere with, or try to
circumvent any of the features of the platforms related to security or probe,
scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of,
reverse engineer, reverse assemble, or otherwise attempt to discover any source
code of or content on the Learnhub platform or Services.
access or search or attempt to access or
search our platform by any means (automated or otherwise) other than through
our currently available search functionalities that are provided via our
website, mobile apps, or API (and only pursuant to those API terms and
conditions). You may not scrape, spider, use a robot, or use other automated
means of any kind to access the Services.
in any way use the Services to send altered,
deceptive, or false source-identifying information (such as sending email
communications falsely appearing as Learnhub); or interfere with, or disrupt,
(or attempt to do so), the access of any user, host, or network, including,
without limitation, sending a virus, overloading, flooding, spamming, or
mail-bombing the platforms or services, or in any other manner interfering with
or creating an undue burden on the Services.
8. Miscellaneous Legal Terms
These Terms are like any other contract,
and they have boring but important legal terms that protect us from the
countless things that could happen and that clarify the legal relationship
between us and you.
8.1 Binding Agreement
You agree that by registering, accessing or
using our Services, you are agreeing to enter into a legally binding contract
with Learnhub. If you do not agree to these Terms, do not register, access, or
otherwise use any of our Services.
Any version of these Term in a language
other than English is provided for convenience and you understand and agree
that the English language will control if there is any conflict.
These Terms (including any agreements and
policies linked from these Terms) constitute the entire agreement between you
and us.
If any part of these Terms is found to be
invalid or unenforceable by applicable law, then that provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these Terms will continue
in effect.
Even if we are delayed in exercising our
rights or fail to exercise a right in one case, it doesn’t mean we waive our
rights under these Terms, and we may decide to enforce them in the future. If
we decide to waive any of our rights in a particular instance, it doesn’t mean
we waive our rights generally or in the future.
8.2 Disclaimers
It may happen that our platform is down,
either for planned maintenance or because something goes down with the site. It
may happen that one of our instructors is making misleading statements in their
course. It may also happen that we encounter security issues. These are just
examples. You accept that you will not have any recourse against us in any of
these types of cases where things don’t work out right. In legal, more complete
language, the Services and their content are provided on an “as is” and
“as available” basis. We (and our affiliates, suppliers, partners, and agents)
make no representations or warranties about the suitability, reliability,
availability, timeliness, security, lack of errors, or accuracy of the Services
or their content, and expressly disclaim any warranties or conditions (express
or implied), including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. We (and our affiliates,
suppliers, partners, and agents) make no warranty that you will obtain specific
results from use of the Services. Your use of the Services (including any
content) is entirely at your own risk. Some jurisdictions don’t allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to you.
We may decide to cease making available
certain features of the Services at any time and for any reason. Under no
circumstances will Learnhub or its affiliates, suppliers, partners or agents be
held liable for any damages due to such interruptions or lack of availability
of such features.
We are not responsible for delay or failure
of our performance of any of the Services caused by events beyond our
reasonable control, like an act of war, hostility, or sabotage; natural
disaster; electrical, internet, or telecommunication outage; or government
restrictions.
8.3 Limitation of Liability
There are risks inherent into using our
Services, for example, if you enroll in a health and wellness course like yoga,
and you injure yourself. You fully accept these risks and you agree that you
will have no recourse to seek damages against even if you suffer loss or damage
from using our platform and Services. In legal, more complete language, to
the extent permitted by law, we (and our group companies, suppliers, partners,
and agents) will not be liable for any indirect, incidental, punitive, or
consequential damages (including loss of data, revenue, profits, or business
opportunities, or personal injury or death), whether arising in contract,
warranty, tort, product liability, or otherwise, and even if we’ve been advised
of the possibility of damages in advance. Our liability (and the liability of
each of our group companies, suppliers, partners, and agents) to you or any
third parties under any circumstance is limited to the greater of one hundred euro
(100) or the amount you have paid us in the twelve (12) months before the event
giving rise to your claims. Some jurisdictions don’t allow the exclusion or
limitation of liability for consequential or incidental damages, so some of the
above may not apply to you.
8.4 Indemnification
If you behave in a way that gets us in
legal trouble, we may exercise legal recourse against you. You agree to
indemnify, defend (if we so request), and hold harmless Learnhub, our group
companies, and their officers, directors, suppliers, partners, and agents from
an against any third-party claims, demands, losses, damages, or expenses
(including reasonable attorney fees) arising from (a) the content you post or
submit, (b) your use of the Services (c) your violation of these Terms, or (d)
your violation of any rights of a third party. Your indemnification obligation
will survive the termination of these Terms and your use of the Services.
8.5 Governing Law and Jurisdiction
These Terms are governed by the laws of the
Republic of Ireland without reference to its choice or conflicts of law
principles. Where the “Dispute Resolution” section below does not apply, you
and we consent to the exclusive jurisdiction and venue of the Republic of
Ireland.
8.6 Legal Actions and Notices
No action, regardless of form, arising out
of or relating to this Agreement may be brought by either party more than one
(1) year after the cause of action has accrued.
Any notice or other communication to be
given hereunder will be in writing and given by registered or certified mail
return receipt requested, or email (by us to the email associated with your
account or by you to admin@learnhub.ie).
8.7 Relationship Between Us
You and we agree that no joint venture,
partnership, employment, contractor, or agency relationship exists between us.
8.8 No Assignment
You may not assign or transfer these Terms
(or the rights and licenses granted under them). For example, if you registered
an account as an employee of a company, your account cannot be transferred to
another employee. We may assign these Terms (or the rights and licenses granted
under them) to another company or person without restriction. Nothing in these
Terms confers any right, benefit, or remedy on any third-party person or
entity. You agree that your account is non-transferable and that all rights to
your account and other rights under these Terms terminate upon your death.
9. Dispute Resolution
If there’s a dispute, our support team is happy to help resolve the issue.
Most disputes can be resolved, so before
bringing a formal legal case, please first try contacting our Support Team.
9.1 Going to Arbitration
If we can’t resolve our dispute amicably,
you and Learnhub agree to resolve any claims related to these Terms (or our
other legal terms) through final and binding arbitration, regardless of the
type of claim or legal theory. If one of us brings a claim in court that should
be arbitrated and the other party refuses to arbitrate it, the other party can
ask a court to force us both to go to arbitration (compel arbitration). Either
of us can also ask a court to halt a court proceeding while an arbitration proceeding
is ongoing.
10. Updating These Terms
From time to time, we may update these
Terms to clarify our practices or to reflect new or different practices (such
as when we add new features), and Learnhub reserves the right in its sole
discretion to modify and/or make changes to these Terms at any time. If we make
any material change, we will notify you using prominent means such as by email notice
sent to the email address specified in your account or by posting a notice
through our Services. Modifications will become effective on the day they are
posted unless stated otherwise.
Your continued use of our Services after
changes become effective shall mean that you accept those changes. Any revised
Terms shall supersede all previous Terms.
11. How to Contact Us
The best way to get in touch with us is to
contact our Support Team. We’d love to hear your questions, concerns, and
feedback about our Services.
Thanks for teaching and learning with us.
Be Able!
