Last updated: 17 December 2019
Learnable may amend these Terms from time to time. Amendments will be effective upon Learnable’s posting of such updated and/or amended Terms at this location, or as may otherwise be made accessible to you from this location. Your continued access to or use of the Services after such posting confirms your consent to be bound by the Terms as amended. If you reject any amendments to the Terms effected by Learnable, you agree that you may not access or use the Services after Learnable’s posting of its updated and/or amended Terms.
1. General Terms
Learnable provides this Service to users seeking private instruction services (“Learners“) and to users seeking to provide instruction services (“Instructors“), and to any other entity who accepts these Terms on behalf of Learners and Instructors.
The term “you” or “You” or “User” or “Users” shall refer to Learners, Instructors or any person or entity who views, uses, accesses, browses or submits any content or material to the Service.
The Service offers a marketplace to connect those who seek instruction services with those who seek to provide instruction services. As Independent contractors hired by Learners, Instructors control their rates, schedules, and all other aspects of their lessons.
Learners are solely and fully responsible for selecting the right Instructor for their needs, and for managing the conduct of Instructors throughout the entire duration of their service to the Learner. In accessing and/or using Learnable’s Services, and/or making hiring decisions, Learners should review and investigate each Instructor’s self-reported credentials, education, experience, and reviews from other Learners.
4. Your Obligations and Conduct
In consideration of your use of the Service, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving instruction services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data“); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Learnable, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Service (“Content“). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Learnable or other users of the Service; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Learnable reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Learnable, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.
By using the Services, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions“) for as long as you use the Services:
- you have and will at all times comply with all laws and regulations of the territory or territories in which you are using the Services;
- you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms;
- neither you, nor anyone in your home:
- has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
- has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including but not limited to any sexual, child abuse or domestic violence offenses; and/or
- has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity;
- neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including, but not limited to, sexual, child abuse or domestic violence offenses.
By using the Services, you understand and agree that Learnable may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Learnable may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Service.
You hereby authorize Learnable, and any third-party verification agencies of Learnable’s choosing, to verify the above representations and warranties by you and you acknowledge and agree that Learnable and any third-party verification agencies of Learnable’s choosing shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, but will not be limited to, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure of any data and/or personal information in order to accomplish such verification. You further agree that Learnable may take such action as it, in its sole discretion, deems appropriate, including suspending and/or terminating your access to and/or use of the Service. You agree that Learnable shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
The preceding paragraph notwithstanding, you understand and agree that Learnable does not conduct background checks of any User. You also understand and agree Learnable neither confirms nor denies the validity of information provided by Users and that Learnable does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that – IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Learnable expressly disclaims, and you expressly release Learnable from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Learnable reserves all of its rights, including without limitation its right to remove anything objectionable to Learnable in its sole discretion. Alleged improprieties by any User may be reported to Learnable by email at . Learnable reserves all of its rights, including without limitation its right to remove anything objectionable to Learnable in its sole discretion. Alleged improprieties by any User may be reported to Learnable by email at firstname.lastname@example.org. This shall not confer or otherwise be construed as, and Learnable strictly disclaims, any responsibility on Learnable’s part to investigate, remedy or otherwise take notice of, any reported improprieties so reported.
5. Confidentiality of Learnable information
You may obtain direct access via the Services certain confidential information connected to or belonging to Learnable and its affiliates, including, but not limited to, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information“). You undertake to, and must, hold Confidential Information in strict confidence. All rights, title and interest in, arising out of or in connection with, the Confidential Information, remains vested in Learnable and/or its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Learnable, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior effective notice of no less than [∙] working days to Learnable by way of [∙], and at all times such notice being adequate to afford Learnable the opportunity to object to the disclosure, failing which you agree and undertake not to disclose Confidential Information.
6. Content submitted to Learnable
Learnable does not claim ownership of the Content that you place on Learnable’s website and/or otherwise make available by way of the Services, and shall bear no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Learnable shall be free to use or disseminate such Content without limitation for any purpose in its sole discretion, and you grant Learnable an irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content in any form, including but not limited to digital media. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Learnable, its affiliates, and third-party providers of any information that you may provide on the Service.
7. Terms of transacting business
Learners and Instructors who use the Service enter into a business agreement directly with each other, as facilitated by Learnable.
You understand and agree to abide by Learnable’s instructor and learner payment policies. You agree that you are willing to pay all costs associated with the services through Learnable. These costs include but are not limited to: (a) an Instructor’s fees, based on their listed hourly rate and the total duration of lessons attended by a Learner; (b) a service fee that will be deducted from each invoice.
8. Advertisements and promotions
Learnable may run advertisements and promotions from third parties on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Learnable found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Learnable 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 such non-Learnable advertisers on the Service.
9. Email notifications
Instructors and Learners accept that they will receive email notifications from Learnable for all content Learnable deems, in its sole discretion, to be reasonably required for its continued provision of the Services, including but not limited to new student requests, job opportunities and payment reminders. You expressly accept that any such email notifications from Learnable is reasonably required for Learnable’s provision of the Services.
For help or more information, email email@example.com.
10. Content provided via links
You may find links to other websites or resources on the Service. You acknowledge and agree that Learnable is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Learnable is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Intellectual property rights
Learnable grants you permission (which may be revoked at any time at Learnable’s sole discretion) to use the Services for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. Except as specifically authorized in writing by Learnable, you may not deep-link to the Service for any purpose or access the Service manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Service or any information, content, or material on the Service. Learnable reserves all of its rights against any person or entity who violates this paragraph, including without limitation its right to recover any and all losses, whether direct or consequential. You may not link or frame to any pages of the Service or any content contained therein, whether in whole or in part, without prior written consent from Learnable. Any rights not expressly granted herein are reserved.
Except as expressly authorized in writing by Learnable or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Learnable discloses to you or otherwise makes available to you whether through your access to and/or use of the Services or otherwise, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Learnable Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Learnable uses in connection with its products and services. You may not remove or alter any Learnable Trademarks, or co-brand your own products or material with Learnable Trademarks, without Learnable’s prior written consent. You acknowledge Learnable’s rights in Learnable Trademarks and agree that any use of Learnable Trademarks by you shall be done for Learnable’s sole benefit. You agree not to incorporate any Learnable Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Learnable on this Service provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
12. Copyright Infringement
Learnable respects the intellectual property of others, and we ask our users to do the same. In your access to, use of and interactions with Learnable, its representatives and/or the Services, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Learnable reserves the right, in its sole discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
If you believe in good faith that content or material hosted on the Services infringes your copyright, you (or your agent) may send Learnable a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Learnable to locate the content or material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Termination and suspension
Learnable reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Services after termination or during suspension. You agree that Learnable shall not be responsible for any loss, damages and/or expenses incurred by you arising out of or in connection with any suspension and/or termination of any Services.
14. Disclaimer of warranties
Use of the service is at your sole risk unless otherwise explicitly stated. The service, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. Learnable disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Learnable makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the service.
Learnable makes no warranty or representations that: (a) the service will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from instructors will meet your expectations or requirements; or (d) any errors in the site will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the site, including any damages resulting from computer viruses.
15. Limitation of liability
The Services are provided “as is” and “as available”. Learnable disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including (without limitation) the implied warranties of fitness for purpose and non-infringement. In addition, Learnable makes no representation, warranty or guarantee regarding the reliability, quality, suitability or availability of the Services or any services or goods requested through the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of or in connection with your use of the Services remains solely with you, to the maximum extent permitted under applicable law.
You understand, acknowledge and expressly agree that Learnable has no control over the acts or omissions of any User, whether by way of its Services or otherwise. Learnable shall not be liable for any damages, liability or losses arising out of: (a) your use of or reliance on the Services or your inability to access or use the Services; or (b) any transaction or relationship between you and any User and/or any third party provider, even is Learnable has been advised of the possibility of such damages and/or losses.
To the full extent permitted by law, Learnable is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the site, even if Learnable has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including (without limitation) damages due to: (a) the use of or the inability to use the site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the service; (c) statements or conduct of any third party on the service, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
In no event shall Learnable’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to Learnable or a Learnable partner, if any, or (b) $100 (whichever is lesser).
By accessing or using the Services, you agree that all Terms, including (without limitation) the limitations of liability, are material, bargained-for bases of this agreement, and are fair and reasonable.
If you are dissatisfied with the service or do not agree to any provisions of these terms, your sole and exclusive remedy is to discontinue using Learnable’s Services, except as may be provided for in this section.
16. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Learnable’s Instructor Tutor and Learner Student Safety Tips, when interacting with other users.
You further agree that you will cooperate as requested by Learnable in the defense of such claims. Learnable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Learnable without the written consent of Learnable.
18. Mediation and Arbitration
A dispute means a dispute, controversy or difference between the parties as to the construction of these Terms or as to any matter or thing of whatsoever nature arising out of or in connection with these Terms and/or the Services, including any claim in tort, under statute or for restitution based on unjust enrichment or for rectification or frustration, and includes any question regarding these Terms’ formation, existence, validity or termination,
If any Dispute arises between the parties, you undertake to give written notice to Learnable that a Dispute exists within fourteen (14) calendar days of you becoming aware that a Dispute exists or has arisen.
After the giving of written notice in accordance with these Terms, you agree that you shall undertake all reasonable endeavours to amicably resolve any and all Disputes by initiating and attending a meeting with a representative authorised by Learnable within fourteen (14) calendar days of the written notice given by you.
In the event that parties are unable to amicably resolve any Dispute, you agree to make reasonable efforts to resolve the Dispute in accordance with the mediation rules of the Singapore Mediation Centre for the time being in force.
It shall be a condition precedent to your referral of any Dispute to arbitration that you have first made reasonable efforts to resolve the Dispute by way of mediation in accordance with this clause.
Learnable may elect, at any time during the dispute resolution process, including before or during the mediation process, to refer the Dispute to arbitration.
In the event that parties fail to resolve any Dispute, the Dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of a sole arbitrator.
Learnable may give notice by means of a general notice on the Services, electronic mail to the email address provided by you in your Learnable account, written communication to the address provided by you in connection with your Learnable account, or posting notices or links to notices on the Services. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing, posting or sending (as the case may be).
20. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
21. Entire agreement
These Terms constitute the entire agreement between you and Learnable relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Learnable or third-party products or services.