Terms of Use


Lessrn t/as Lesrn (ABN: 90 562 930 935) (Lesrn), a formal partnership constituted under the laws of New South Wales provides this website – www.lesrn.com.au (Site) to you subject to these terms and conditions of use (Terms). You agree and acknowledge that any access by you of, and/or anyone accessing the Site with you (You) will constitute an express agreement by you to comply with the Terms. Ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you are not to continue accessing the Site. The terms constitute the entirety of the terms and conditions of use with respect to the site unless otherwise expressly allowed for in writing by Lesrn.

Lesrn reserves the right to vary any of the Terms, or any other policy or guideline of the Site, at any time and in its sole discretion and without notice to you.  You hereby agree to review the Terms and any other policies and guidelines contained in the Site periodically to be aware of any variations to the Terms and furthermore you acknowledge that any use by you of the Site constitutes an agreement by you to use the Site pursuant to the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must stop using the Site.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

PRIVACY POLICY

Please refer to Lesrn’s Privacy Policy for information on how Lesrn collects, uses and discloses personally identifiable information from its users.

OWNERSHIP AND COPYRIGHT

Except as otherwise expressly indicated by Lesrn in writing, the Site, and all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and other content contained in the Site, including, without limitation, the 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 Lesrn and are protected by Australian and international copyright laws. 

TRADEMARKS

Lesrn, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Lesrn and may not be copied, imitated or used in a same or deceptively similar fashion, in whole or in part, without the prior written permission of Lesrn or the applicable trademark owner. 

USE OF THE DISCUSSION FORUMS AND OTHER INTERACTIVE AREAS

The Site may contain forums in which you or third parties may post reviews of products or other content, messages, materials or other items on the Site (Interactive Areas). If Lesrn provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or other Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  5. Unsolicited promotions, political campaigning, advertising or solicitations;

  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identification numbers and credit card numbers;

  7. Viruses, corrupted data or other harmful, disruptive or destructive files;

  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

  9. Content that, in the sole judgment of Lesrn, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Lesrn or its affiliates or its users to any harm or liability of any type.

Lesrn takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Lesrn liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. 

ADVERTISEMENTS AND PROMOTIONS

Lesrn may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Lesrn, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Lesrn is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

REGISTRATION DATA; ACCOUNT SECURITY

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Lesrn, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Lesrn.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY LESRN, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (SERVICES) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LESRN EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. LESRN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

LESRN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE LESRN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, LESRN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD OR USE OF THE SITE.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST LESRN, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT LESRN HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER LESRN NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM LESRN OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LESRN’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LESRN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LESRN FOR ACCESS TO OR USE OF THE SITE.

APPLICABLE LAW AND VENUE

You agree to be governed by the applicable laws of New South Wales.

TERMINATION/MODIFICATION OF LICENCE AND SITE OFFERINGS

Notwithstanding any provision of these Site Terms, Lesrn reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Content or Services; and (d) impose limits on the Site, Site Content or Services.

SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

NOTICES

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.