OpenLearning operates The Uni Guide, Postgrad Australia and related websites, in addition to an online learning platform allowing users (“User” or “You”) to access information about courses and scholarship opportunities for students and recent graduates (“Students”). These services (“OpenLearning Services”) are accessed via OpenLearning’s platform, including through our website at http://www.OpenLearning.com/, any OpenLearning mobile software application available on the Apple or Android app stores or any other platform we may introduce in the future, including where the OpenLearning platform is accessed through a third party website (“OpenLearning Platform”).
Please carefully read these General Terms & Conditions, and OpenLearning’s Privacy Policy before using the relevant OpenLearning Services or OpenLearning Platform.
Use of the OpenLearning Platform or the OpenLearning Services confirms that You agree to be bound by these Terms & Conditions. If you are acting as a representative for a Partner, your use of the OpenLearning Services or the OpenLearning Platform will also confirm that the Partner agrees to be bound by these Terms & Conditions and the Partner General Terms also and a reference to “User”, “You” or “Your” includes you and the Partner.
1. SCOPE OF OPENLEARNING SERVICE
1.1. OpenLearning provides career & study information (in print and electronic form) as well as a platform for Partners and other persons, businesses or companies (“Advertisers”) to promote internships, graduate jobs, courses and scholarship opportunities (“Opportunities”) to qualified Students.
1.2. Users can access the OpenLearning Platform without registering. Users can also create an account with OpenLearning when they validly complete a registration form or link their social media account on the OpenLearning Platform, or through logging into a third party website which uses the OpenLearning Platform (“User Account”). A User Account may be required to advertise, or apply for, an Opportunity.
1.3. OpenLearning accepts no liability for any aspect of the interactions between Users (including those between Students and Partners or Advertisers, including but not limited to the description of any Opportunity offered or the performance of any of the Student, Partner or Advertiser). OpenLearning has no obligation to any User to assist in any way in any dispute between that User and any other person.
1.4. All information related to an Opportunity is supplied by the relevant Partner or Advertiser. OpenLearning does not undertake any responsibility to review, approve or verify any information provided by a User prior to publication on the OpenLearning Platform.
1.5. You expressly agree that OpenLearning has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Advertisers, Partners and Students), including, but not limited to, the ability of Partners or Advertisers to provide an Opportunity, or a Students’ ability to perform in the Opportunity or position.
1.6. OpenLearning makes no representation or warranty that:
1.6.1. any material on the OpenLearning Platform will be relevant, accurate, reliable or complete (nor does OpenLearning accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of OpenLearning’s negligence or default); or
1.6.2. Your access to the OpenLearning Platform will be timely, secure or uninterrupted.
1.7. Your use of, or reliance upon, the material on the OpenLearning Platform is entirely at Your own risk. Users agree to confirm and verify any material directly with the Partner, Advertiser or Student (as the case may be) before acting on the information.
1.8. The OpenLearning Platform contains contact details for various Partners and Advertisers. In placing these contact details on the OpenLearning Platform, OpenLearning does not represent that these details are relevant, current or accurate.
1.9. Any third party name, contact details, hyperlink or trade mark depicted on the OpenLearning Platform is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of OpenLearning of any person, product or service.
1.10. You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, arising from or in connection with Your breach of these Terms & Conditions.
2. USER ELIGIBILITY
2.1. If You are under 16 years of age, You do not qualify to use the OpenLearning Services and You must not create a User account or otherwise use the OpenLearning Services. By creating an account and using the OpenLearning Services You form a legally binding contract with OpenLearning under applicable law.
2.2. You may register an account either directly or via Your supported social media credentials, provided such registration does not breach the terms and conditions of use of that social media platform.
2.3. You must not establish more than one OpenLearning account.
2.4. While You are registered with OpenLearning You must maintain control of Your OpenLearning account. You may not deal with Your account (including Reviews and associated user ID) in any way (including by allowing others to use Your account or by transferring or selling the account or any of its content to another person).
2.5. In its absolute discretion, OpenLearning may refuse to allow any person to register or create an account with OpenLearning or cancel or suspend any existing account at any time.
2.6. Account names must not be misleading or deceptive, offensive, or in violation of any law or third party rights.
3. GENERAL USER OBLIGATIONS
3.1. You warrant and agree that at all times:
3.1.1. You will comply with this Agreement and all applicable laws and regulations;
3.1.2. You will post only accurate information on the OpenLearning Platform;
3.1.3. You will promptly and efficiently perform all Your obligations to other OpenLearning Users;
3.1.4. You will not use any information or content on the OpenLearning Platform (whether provided by OpenLearning, a User, or otherwise) for any business purposes, without OpenLearning’s prior permission;
3.1.5. You will ensure that You are aware of any laws that apply to You in using the OpenLearning Platform;
3.1.6. You have all right, title, and interest to any Content You transmit to or via the OpenLearning Platform, including but not limited to any consent, authorisation, release, clearance or licence from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for You to provide, post, upload, input or submit the posted Content;
3.2. You must not use the OpenLearning Platform for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to OpenLearning. Your use of the OpenLearning Platform must not, in any way whatsoever, be potentially or actually harmful to OpenLearning or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by OpenLearning.
3.3. Without limiting any provision of this Agreement, any information You supply to OpenLearning or publish on the OpenLearning Platform must be up to date and kept up to date and must not:
3.3.1. be false, inaccurate or misleading or deceptive;
3.3.2. be fraudulent or involve illegal conduct;
3.3.3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
3.3.4. violate any applicable law, statute, ordinance or regulation;
3.3.5. be defamatory, libellous, threatening or harassing;
3.3.6. be obscene or contain any material that, in OpenLearning’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
3.3.7. advertise for goods and services or solicit funds; or
3.3.8. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the OpenLearning Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
4. INTELLECTUAL PROPERTY
4.1. “Intellectual Property” means anything which is or can be the subject of intellectual property rights including any:
4.1.1. work or sound recording as defined in the Copyright Act 1968 (Cth);
4.1.2. trade mark as defined in the Designs Act 2003 (Cth), whether registrable or not;
4.1.3. invention as defined in the Patents Act 1990 (Cth), whether patentable or not;
4.1.4. trade secrets, know how or other information protected by law, and in each case, whether registered or unregistered, and including all applications (and rights to apply) for, and renewals or extensions of such rights and all rights of action for infringement of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world and any improvements and/or modifications to such rights.
4.2. When You publish or transmit any material on or through the OpenLearning Platform, You warrant that the material is owned by You and You grant OpenLearning an unrestricted irrevocable, non-exclusive, royalty-free, transferrable, perpetual, and worldwide licence to use, reproduce, modify, adapt and sub-license Your Intellectual Property for the purpose of including that material and information on the OpenLearning Platform and as otherwise may be required to provide the OpenLearning Service, for the general promotion of the OpenLearning Service and as permitted by these Terms & Conditions.
4.3. OpenLearning is the owner or the licensee of all Intellectual Property rights in the OpenLearning Platform and in the material published thereon, excluding material published by a Partner (“Content”). Any articles, videos, images or other content which has been developed by the Partner independently of OpenLearning and loaded onto the OpenLearning Platform, and the navigational elements, trade names, trademarks, and/or other visual representations, including logos, designs, symbols and images, or other indicia of ownership owned or used by the Partner (“Partner Content”) is managed in accordance with the Partner General Terms.
4.4. You acknowledge that all Intellectual Property rights in the Content anywhere in the world belong to OpenLearning. You acknowledge that all Intellectual Property Rights in the Partner Content are owned or licenced by the Partner.
4.5. You irrevocably, voluntarily and unconditionally consent to all or any acts or omissions by OpenLearning, or persons authorised by OpenLearning, concerning any and all of the moral rights made or to be made by You in relation to Content You upload or otherwise place on the OpenLearning Platform which would otherwise infringe Your moral rights.
5. LICENCE TO USE OpenLearning CONTENT
5.1. OpenLearning grants You a non-exclusive licence to access and use the Content owned by, but not licensed to, OpenLearning for Your personal purposes. You acknowledge that rights in the Content are licensed, and not sold, to You, and that You have no rights in, or to, the Content other than the right to use the Content in accordance with these Terms & Conditions.
5.2. You must not use, modify, reproduce, distribute, deal with, assign, sub-license, compile or adapt any Content or Partner Content for any purpose other than as set out in these Terms & Conditions.
6. IDENTITY VERIFICATION & REVIEWS
6.1. OpenLearning may at its discretion include tools to help Users to verify the identity or bona fides of other Users, or to match Students with potential Partners or Advertisers (“Identity Verification and Matching Services”). These Identity Verification and Matching Services may include mobile phone verification technology, algorithms, verification of payment information, a reviews feature allowing a User of the OpenLearning Service to request other Users to post a reference on the OpenLearning Platform endorsing that User (“Reviews”), and integration with social networking sites such as Facebook, Twitter and LinkedIn.
6.2. You agree that Identity Verification and Matching Services may not be accurate as they are dependent on User-supplied information, and that OpenLearning makes no warranty as to the accuracy of the Identity Verification Services, or the suitability of any OpenLearning User, Partner or Advertiser so matched. Identity Verification and Matching Services are provided for Your convenience only and are not recommendations by OpenLearning.
6.3. The OpenLearning Services Identity Verification and Matching Services may be modified at any time.
7. FEES
7.1. Registering and creating a basic User Account with OpenLearning is free. There is no charge for a Student to request an Opportunity, or for other OpenLearning Users to review Content on the OpenLearning Platform, including a requested Opportunity.
7.2. If you become a User and set up a Partner account the fees payable by that Partner are managed in accordance with the Partner General Terms.
8. THIRD-PARTY SERVICES
8.1. OpenLearning may from time to time include on the OpenLearning Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by OpenLearning.
8.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the OpenLearning Platform as a convenience to our Users who may find the Third Party Services of interest or use.
8.3. If You engage with any Third Party Service provider Your agreement will be directly between You and that Third Party Service provider.
8.4. OpenLearning makes no representation or warranty as to the Third Party Services.
9. LIMITATION OF LIABILITY
9.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of the agreement between OpenLearning and any User to be void (“Non-excludable Term”), to the extent permitted by law OpenLearning specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any use of the OpenLearning Platform, OpenLearning Services or any transaction between Students and Partners or Advertisers or between You and OpenLearning or any third party who may be referenced from time to time on the OpenLearning Platform.
9.2. Except for liability in relation to a breach of any Non-excludable Term, OpenLearning’s liability to any User of this service is limited to the higher of $100 and the total amount of fees paid by that User to OpenLearning during the twelve month period prior to any incident causing liability of OpenLearning.
9.3. OpenLearning’s liability to You for a breach of any Non-excludable Term (other than a Non-excludable Term that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
9.4. Your right to bring an action against OpenLearning in relation to any alleged contravention by OpenLearning of section 18 of the Australian Consumer Law (or equivalent State or Territory legislation) is modified such that You can only make such a claim if You have issued notice of the claim and legal proceedings within 60 days after the right to bring such an action arose. You are barred from bringing any such action and waive any rights to bring any such action after that time. These provisions may be pleaded by OpenLearning as a bar to any claim in breach of these Terms & Conditions and you indemnify OpenLearning against all costs, expenses and liabilities arising as a result of your actions in breach of these Terms & Conditions.
10. PRIVACY
10.1. OpenLearning’s Privacy Policy, available at https://solutions.openlearning.com/privacy-policy, applies to all Users and forms part of this Agreement. Use of the OpenLearning Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with OpenLearning’s Privacy Policy.
10.2. Third parties, including Partners or Advertisers, will provide their services pursuant to their own privacy policy . Prior to providing any information to, or accepting any service from a third party, You must review and agree to their terms of service including their privacy policy.
10.3. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the OpenLearning Platform or OpenLearning Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
10.4. If the General Data Protection Regulation (“GDPR”) applies to You, as OpenLearning is based in Australia, we will seek (at the time of your registration) explicit consent to the cross-border transfer of Your information to us for use on the OpenLearning Platform. If You fail to provide such consent then You may not be able to access the OpenLearning Platform unless we have implemented appropriate safeguards to ensure an adequate level of protection of your personal information under the GDPR. OpenLearning provides no warranty or undertaking to put in place or maintain appropriate safeguards consistent with GDPR.
10.5. OpenLearning will ask for Your explicit consent when You are subject to a decision by OpenLearning using solely automated processing, including profiling, producing legal effects concerning You or similarly significantly affecting You. In obtaining your consent, OpenLearning will provide You with information about the logic involved, as well as the significance and envisaged consequences of such processing for You. You have the right to obtain human intervention on the part of the OpenLearning, to express Your point of view and to contest a decision made by automated processing. OpenLearning will not use automated processing for any of Your data about Your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning health or data concerning Your sex life or sexual orientation, unless OpenLearning asks for your explicit consent and provides You with a specific purpose. You acknowledge that the specific purpose is providing You with the OpenLearning Services.
10.6. OpenLearning informs You, and You acknowledge that You have been informed, that OpenLearning may provide information to a third-party for the purpose of providing You the OpenLearning Services. Third-parties receivers include but are not limited to Partners, or Advertisers on the OpenLearning Platform. The countries in which the third-party receivers are located, or countries to which Your personal data may go may have different data protection standards. You acknowledge that You have the chance to object but by agreeing to these Terms & Conditions You do not object to this third-party receipt of your personal data in accordance with this clause.
11. NO WARRANTY
Except for liability in relation to any Non-excludable Term, the OpenLearning Platform and OpenLearning Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the OpenLearning Platform, the OpenLearning Services, or any related products (including third party material and advertisements on the OpenLearning Platform);
(c) costs incurred as a result of You using the OpenLearning Platform or the OpenLearning Services; and
(d) the services or operation in respect to hyperlinks which are provided for Your convenience.
12. VARIATIONS TO THE AGREEMENT
12.1. OpenLearning may vary these Terms & Conditions from time to time. OpenLearning will notify You of variations by sending a message to Your User Account, Your email address held on file, or by alerting you to the information on the OpenLearning website when you sign in.
12.2. Except as stated in these Terms & Conditions, or as otherwise notified to You, all amended terms will automatically be effective 14 days after they are initially notified to You. Each time You use the OpenLearning Platform in any manner after the expiry of that 14-day period or such other notice period notified to You, You acknowledge any changes to these Terms & Conditions and confirm Your agreement to be bound by these Terms & Conditions as they may have been varied.
12.3. If You do not agree with any changes to these Terms & Conditions , You must terminate Your OpenLearning account and stop using the OpenLearning Services. Except as specifically described in or authorised by these Terms & Conditions, these Terms & Conditions cannot be amended except in writing signed by You and OpenLearning.
13. NO AGENCY
13.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind OpenLearning, its related entities or affiliates in any way whatsoever. OpenLearning confirms that all third party Services that may be promoted on the OpenLearning service are provided solely by such third parties. To the extent permitted by law, OpenLearning specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such third party service.
13.2. Without limiting 13.1, each Partner and Advertiser is an independent contractor and no agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms & Conditions. OpenLearning acts as a mere introducer.
14. INDEMNITY
14.1. You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms & Conditions , including but without limitation, breaches of Your obligations under these Terms & Conditions , or any activity related to Your User Account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by You or any other person accessing the OpenLearning Platform using Your User Account.
15. NOTICES
15.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to OpenLearning’s contact address as displayed on the OpenLearning Platform, or to Your contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Student is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day” means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such third party as set out in Third Party Service provider terms and conditions.
16. MEDIATION AND DISPUTE RESOLUTION
16.1. You must resolve disputes with other Users directly. You acknowledge and agree that OpenLearning may, in its absolute discretion, provide such of Your information as it decides, to other parties involved in the dispute.
16.2. If You have a complaint about the OpenLearning Service please contact us at contact@OpenLearning.com.
16.3. If OpenLearning provides information of other OpenLearning Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify OpenLearning against any claims relating to any other use of information not permitted by these Terms & Conditions.
17. TERMINATION
17.1. Subject to the Partner General Terms, if applicable, either party may terminate an account and their agreement pursuant to these Terms & Conditions at any time for any reason.
17.2. Termination of that agreement does not affect any agreement that has been formed between OpenLearning Users. If You have entered an agreement with another User, You must comply with the terms of that agreement.
17.3. Clauses 3, 5.2, 9, 11, 14, 15, 16, 18 and 19 and any other terms, which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18. GENERAL
18.1. This Agreement is governed by the laws of New South Wales, Australia. You and OpenLearning submit to the exclusive jurisdiction of the courts of that State.
18.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
18.3. This Agreement may be assigned or novated by OpenLearning to a third party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.
18.4. This Agreement sets out the entire understanding and agreement between You and OpenLearning with respect to its subject matter.
19. DEFINITIONS AND INTERPRETATION
19.1. Partner means the party identified in the relevant registration, who may also manage the access of third-party users to the OpenLearning Platform or to whom OpenLearning makes available a white-labelled version of the OpenLearning Platform;
19.2. Partner General Terms means the OpenLearning Partner General Terms available at (https://theuniguide.com.au/partner-general-terms);
19.3. OpenLearning (we or us) means Open Learning Global Pty Ltd ABN 51162780467.