LearnOnAir Terms of Use

THE TERMS OF USE (“TERMS”) SET OUT BELOW IS A LEGALLY BINDING CONTRACT BETWEEN YOU THE USER (“YOU”, “YOUR”) AND LEARNONAIR (“OUR”, “WE”).

BY CLICKING ACCEPT, YOU AGREE TO THE TERMS SET FORTH HEREIN IN USING LEARNONAIR’S WEBSITE, SERVICES, CONTENTS, MOBILE APPLICATIONS OR ANY OTHER PRODUCTS OR OFFERS MADE ON ITS WEBSITE.

IF YOU HAVE NOT ENTIRELY READ OR UNDERSTOOD THE TERMS, OR DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCEPT THESE TERMS BY CLICKING “ACCEPT”. CLICK “CANCEL” AND DO NOT CONTINUE ON USING OUR SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER BY LEARNONAIR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Lesson: What the instructor advertises or wants to teach.

Session: What the instructor sells is a session of a lesson.

Instructor: Anyone (above the age of 18) can be an instructor and monetise his/her expertise by using LearnOnAir. Instructors need to upload their “Working with Children Check” or “Teaching Registration Card” on LearnOnAir in order to teach students under the age of 18.

Student: Anyone who has an interest in a particular subject can use LearnOnAir as a student. Students under the age of 18 can only use our system under the supervision of their parent or guardian.

Parent or Legal guardian: Parent or Legal guardian are people who represent, warrant, understand, agree to and accept these Terms in their entirety on behalf of themselves and their child under the age of 18.

LearnOnAir gives great importance to user privacy and confidentiality. Any personal information you provide us when using our website or services is subject to our “Privacy Policy”. Our Privacy Policy sets out what information we collect, how we use that information, and what you can control and choose as a user. To find out more click here.

Privacy of Children

We at LearnOnAir take the privacy interests of children very seriously and we encourage parents and guardians to do the same. We recommend that parents and guardians take an active role in children’s online activities. We do not collect the personal information (except full name and birthdate) from children under 18 intentionally. If we learn that we have unintentionally collected personal information from a child under 18, we will delete such information. As previously mentioned in our terms of use, children under the age of 18 may not register for an account by themselves, they may only do so under the supervision and approval of a parent or legal guardian. If you are under the age of 18, then please do not use this site by yourself.

Working with Children Checks

Parents or legal guardians of the student need to check the validity of the “Working with Children Check” or “Teaching Registration Card” of the instructor before purchasing any session. This can be seen in the profile page of the instructor.

For more information and applying for a Working With Children Check read our FAQ or click here.

LearnOnAir is strictly a marketplace for online education and a bridge uniting students and instructors together in an online environment. LearnOnAir does not employ its own group of instructors. We only provide services to instructors so they can advertise their lessons, conduct online sessions and receive their payments. LearnOnAir is not liable for any communication or interaction that may take place between students and their instructors. Due to the live nature of online lessons, LearnOnAir cannot control what is said or what materials are passed from instructor to student and vice verse, or limit you from participating in live lessons or accessing materials on any basis. LearnOnAir is not responsible for any disputes, losses or claims arising from the express or implied behavior or conduct of instructors or students whatsoever. LearnOnAir does not control the content and materials passed on from instructor to student and thus are not responsible for the credibility, truthfulness, accuracy or usefulness of the content passed or made available via our website. LearnOnAir is also not responsible for any mistakes or omissions in the information transmitted and for any offensive or improper content that may be exposed to users as a result of content and materials being passed on from student to instructor and vice versa. Instructors may give you access to third-party websites by providing their links in LearnOnAir. We do not endorse any third-party sites and have no control over them whatsoever, thus, we will not take on any liability associated with third-party websites. You need to decide for yourself whether accessing a third-party site is necessary and appropriate, and you need to be careful in protecting your personal information on such sites. LearnOnAir does not have control over the accuracy, quality, or legality of the lessons advertised by instructors on its website, and the images and videos uploaded to the advertisement by the instructor. LearnOnAir also does not guarantee that these advertisements will be viewed and a purchase be made.

LearnOnAir hereby grants you, the student, a limited, non-exclusive, non-transferable, revocable license to access and use content and materials already existing on our website or content and materials transmitted to you through a live lesson (considering you have paid the required fee), solely for your own personal, non-commercial, educational purpose, in accordance with these Terms and any added conditions or restrictions made by your instructors during the lessons. “Content and materials” includes, and is not limited to, information, communication, design, text, images, photos, graphics, animations, illustrations, art, links, audio and video recordings, software and technology, reviews and ideas, or any data in general. Please note that all content and materials are the proprietary property of the person or organization supplying it and is protected by copyright and intellectual property laws.

Using the content and materials for purposes other than what is stated above is expressly prohibited. You, the student, cannot copy or reproduce, redistribute or sell, share or lend, edit or change, or pirate broadcast (recording live lessons without permission and then sharing these on any other platform or third party websites) any content or materials unless we give you permission. This is because the content and materials is licensed to you, not sold to you. If an instructor does not grant you the licensed right to access content and materials, this means that you cannot access it. If you do try to access materials and content without a direct license, you will be violating the term of this agreement.

You, the instructor, hereby declare that you have attained all the licenses, rights, and permissions necessary for all the content and materials you may pass on to your students. You declare that you grant these licenses and rights to LearnOnAir and that we will not need to obtain any licenses, rights, or permissions from any third party for using your content and materials or make any payments to them, or have any liability to you or anyone else as a result of using your content and materials as stated in these Terms.

You, the instructor, hereby grant LearnOnAir a world-wide, royalty-free, and a non-exclusive right and license to store, use and publish on its site the content and materials you have transmitted, and sublicense it to other instructors and users for educational purposes, either directly or through third parties. You, the instructor, have the right to remove some or all of your content and materials from our website at any time. Removing the content and materials will terminate the foregoing license and rights.

By choosing to share content and materials on third-party websites, using our share features including, but not limited to, the upload to YouTube tool, share on Facebook and Twitter tool, or email a friend tool, you grant a non-exclusive license to publish the content.

The trial lessons have been created for instructors and students to experience the virtual classroom without paying any fee. The trial lessons cannot be used for any other purpose. The terms set out in this agreement for purchased lessons also apply to trial lessons.

If you have registered as an instructor, you are also bound by the Terms set out below:

1. 1.  You understand that you need to set your own prices for your live lessons. The minimum price that can be set for any lesson is $ 10 AUD. 20% of every lesson earnings sold will be taken as the total service fee. LearnOnAir also holds the discretion to change the rate of service fee whenever it sees fit. Service Fee covers the costs of operating the LearnOnAir Web application, facilitating secure payment transactions, providing virtual classroom for online lessons and developing our products and services. After the service fee is taken, 80% of the total fee of the sold session will be transferred to the Instructor after completion of the Session;
2. 2.  You recognize that you can publicly post advertisements of your live lessons on LearnOnAir for free but that LearnOnAir does not guarantee your lessons will be sold and thus will not be held responsible for any unattended lesson advertisements. LearnOnAir holds the discretion to add an advertising fee whenever it sees fit.
3. 3.  You acknowledge that you will be responsible for all of the content and materials you transmit to your student/s during the lesson, and the harm resulting from that content. You acknowledge and take on the responsibility that you own or have the necessary licenses, rights, consents, and permissions to use and disseminate the content and materials. You also acknowledge that you authorize LearnOnAir to reproduce, distribute, publicly display and broadcast, communicate to the public, promote, market and use any of the content and materials you have transmitted on the website and through your live lessons and acknowledge that no content or materials infringe on intellectual property rights, including but not limited to the copyright, patent, trademark or trade secrets, of any third party;
4. 4.  You acknowledge that you have the required skills, qualifications and expertise, including without limitation, the background, education, training and experience, and knowledge to teach and offer your services on and through LearnOnAir;
5. 5.  You acknowledge that you need a current Working with Children Check or a Teacher Registration card in order to teach students under the age of 18, and that you need to upload these onto your profile page on LearnOnAir.
6. 6.  You acknowledge that you will not say, write or otherwise transmit anything that may be considered indecent, inappropriate, offensive, racist, sexist, pornographic, false, misleading, or defamatory, does not threaten or incite violence towards individuals or groups, and does not violate the privacy of any third party;
7. 7.  You acknowledge that you will not upload, post or otherwise transmit any advertising, promotional materials, junk mail or spam to any student/s on or through LearnOnAir;
8. 8.  You acknowledge that the content and materials you transmit do not contain or install automatically any malware, viruses or other harmful content;
9. 9.  You acknowledge that LearnOnAir has the right to remove any of your content and materials that violates any of its policy or is in any way inappropriate or objectionable, and may terminate or deny access to its users for such reasons. (Although LearnOnAir does not routinely monitor content and materials, we may remove or change any inappropriate content that catches our eye or that is reported to us.)
10. 10.  You acknowledge that you will not use our platform for any business other than for teaching and providing instructional services to students;
11. 11.  You acknowledge that you will not copy, modify or distribute the content and materials already made available on or through LearnOnAir, except as permitted by us;
12. 12.  You acknowledge that you will not interfere or prevent other instructors from teaching and providing their services;
13. 13.  You acknowledge that you will maintain the security of your registration and account information, and that all the registration and account information you provide us are accurate;
14. 14.  You acknowledge that you will respond promptly to students making you a request, wanting to attend a lesson and seeking your services, and ensure a quality of service that is within the standards of your industry;
15. 15.  You acknowledge that by signing up you accept being rated and reviewed by your students on LearnOnAir; and
16. 15.  You declare that you are over the age of 18 and that you have agreed to these terms and acknowledge that you are responsible and liable for your performance and compliance hereunder.

If you are a student registered on LearnOnAir, the following additional terms and conditions apply. You, the student, acknowledge that:

1. 1.  You have read, understood, and agree to be bound by the pricing information and refund policies (see the Pricing section below) before registering, making a request for a lesson or contacting an instructor;
2. 2.  You are over the age of 18. If you are under the age of 18, you can use the website and attend lessons under the supervision and approval of a parent or legal guardian. It is our policy that children under the age of 18 must not register for an account or attend lessons without parental supervision and approval;
3. 3.  You understand that it is your, and/or your parent or guardians responsibility, to make sure the instructor whom you want to take the lesson from has a current Working with Children Check and a Teacher Registration card uploaded on his or her profile page.
4. 4.  You have not created a fake account or identity and are honest and transparent as to whom you are. You will not share your password with anyone, let others access your account, or do anything irresponsible that might put your account at risk;
5. 5.  You can publicly post your request for a live lesson or make a private request to a specific instructor through LearnOnAir, but recognize that LearnOnAir does not guarantee that your request will be answered before your set deadline or at all.
6. 6.  You will not upload, post or otherwise transmit any advertising, promotional materials, junk mail or spam to your instructor or other student/s on or through LearnOnAir;
7. 7.  You will not transmit content and materials that contain or automatically install any malware, viruses or other harmful content;
8. 8.  You will be respectful towards your instructors and other students, you won’t use the website and its services (blogs or messaging features) to harass or belittle other students;
9. 9.  You will not say, write or otherwise transmit anything that may be considered indecent, inappropriate, offensive, racist, sexist, pornographic, false, misleading, or defamatory;
10. 10.  You will not copy, share, display and broadcast to the public any content and materials unless it is explicitly permitted by LearnOnAir or your instructor;
11. 11.  You will not disclose any personal information to an instructor or any other student/s. You will take on the responsibility to control how your personal information is used and take the appropriate steps to protect such information;
12. 12.  You may not share any contact or personal information of anyone in the rate & review section. You may not make impolite comments in the rate & review section. You may not take any action that may undermine the rates & review systems. You may not misuse the rate and reviews sections by any means, any action to do so will result in your comments being removed and further action may be taken.
13. 13.  You will not encourage or help anyone do any of the things listed above.

To access LearnOnAir as a student or an instructor you will need to first register and create an account. Registering on LearnOnAir is currently free but is subject to change in the future. When you register, the information that you give to us during registration will help us offer you content, help and advice, and management. You must acknowledge that you are solely responsible for maintaining the confidentiality of your account and for everything you say and do while logged into your account. You acknowledge that your account information will be accurate and up-to-date at all times. If you witness any unauthorized use of your account or any other breaches, including but not limited to fake accounts created under your name, you must let us know immediately. To limit such unauthorized use make sure you sign out of your account after every use. To the extent as permissible under law, we will not be responsible for any loss or damage arising from your failure to comply with these terms. You acknowledge that you may not lend your account to anyone and you may not use anyone else's account without permission. In the case where you have registered a minor under the age of 18 to use an account, you as the parent or legal guardian are fully responsible for the online conduct of the student, for aiding and controlling their access to the lessons, and any consequences leading thereof.

LearnOnAir respects the intellectual property rights of all its users and expects them to do the same when using the website and its services. This agreement does not transfer from LearnOnAir to you any intellectual property rights. LearnOnAir and its original content and features are protected by international copyright, trademark, patent, trade secret, and other intellectual property rights laws. All rights, title and interest in our service will remain solely and completely with us. learnonair.com, the learnonair.com logo, the learnonair.com slogan, and all other trademarks, graphics and logos used are trademarks of LearnOnAir. Content and information contained in instructor profiles and advertisements made by instructors displayed on our website are owned by LearnOnAir and cannot be copied or used in anyway by anyone other than the instructor himself/herself. Your use of our website or services grants you no right or license to use or reproduce any of LearnOnAir trademarks.

LearnOnAir does not routinely monitor submitted content and materials, thus all use of the content transmitted by you is at your own risk and LearnOnAir shall have no liability for such use. Content and materials you transmit must either be your own work, cited clearly with a proper footnote or endnote, or a document you have attained the necessary license or right to use. LearnOnAir takes copyright and the protection of all intellectual property rights very seriously, and we ask our instructors and students to show the same seriousness and respect. LearnOnAir has a zero tolerance policy when it comes to intellectual property so any act/s of breach will not be tolerated.

General

LearnOnAir currently has no advertising partners or products that it endorses, however we are open to receiving advertising. Using advertising services through LearnOnAir will not constitute an obligation on our part to display an ad or promote it. LearnOnAir will not guarantee that a displayed ad will be clicked, and we do not guarantee that if a user clicks on an ad, the product or service will be sold.

The ads we choose to display on our website will not include content that breaches the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You are responsible for ensuring that your ads comply with all applicable laws and regulations, LearnOnAir will take no responsibility for non-compliance.

Advertising lessons

Using the LearnOnAir website, instructors can advertise their live lessons or live lesson packages to potential students by creating an advertisement. LearnOnAir is not responsible for supplying information or content for the advertisement. Registered instructors are responsible in providing all the necessary information, including the images and videos for the advertisement. Registered instructors are responsible in making sure the information, images and videos are their own work, or that they have the rights or license to use them. LearnOnAir is not liable for any information, images or videos uploaded to the advertisement that breach copyright or intellectual property laws. LearnOnAir is also not liable for any damages or loss arising in any way out of or in connection with the information, images or videos of the advertisement.

LearnOnAir reserves the right and holds the discretion to request an amendment to the instructors’ advertisement in the event that the information, images or videos of the advertisement is considered to be inappropriate or inaccurate by us or by other users who notify us.

Instructors registered on our website will be responsible for determining the price to be charged for their own lesson (LearnOnAir will receive a 20% commission from this set price). Unless otherwise stated, all fees are quoted in AUS dollars. The acceptable method of payment for the lessons at LearnOnAir are through PayPal, the largest online payment processors in the world. Students will make their payment before the lesson time (as specified on the website) and in most cases, shortly after the completion of a successful lesson, instructors’ payment will be made to their PayPal accounts. In some cases, according to the students payment method payment may take up to 1-5 business days.

Fees

Currently there are no membership fees on LearnOnAir as registration is free. This may however change in the future. When a membership fee is put into effect, fees for using LearnOnAir will be payable in the amounts and in the manner as described on our website. Fees are subject to change without notice. LearnOnAir holds the discretion to add any fee to any of its products or services whenever it sees fit.

Refund policy

As Learn On Air we would like all our users to be satisfied. Our refund and cancelation (no-show) policy below covers unforeseeable or reasonable cancelations of online sessions.

Since LearnOnAir does not employ any instructors and due to the live nature of online lessons, we do not have an unconditional refund for “change of mind”. However, if the student who has purchased the session is unhappy with a session for whatever reason, he or she can be fully refunded by canceling the session and clicking on the refund button in the first 15 minutes of the session strictly. A person cannot apply for refund after the first 15 minutes of the session you have purchased.

Any instructor as the sole owner of the online lesson he or she is selling, may update or cancel any session of the advertised lesson if a reasonable issue preventing him or her to instruct. When an instructor cancels a session, our system automatically and fully refunds payments to all students who purchased the session. It is the discretion of the instructor to contact the student/s to offer a replacement session for another time. LearnOnAir does not guarantee such a replacement will be made and is not liable for any lessons that are not replaced by the instructor.

Cancellation (no-show) fee

If an instructor does not show up in the first 15 minutes of the session, the session is automatically canceled and the student is fully refunded. If the students does not show up in the first 15 minutes of the session, the session gets canceled, he or she gets charged 50% of the session as the cancellation (no-show) fee and refunded for the rest of the amount. LearnOnAir keeps its fixed commission (20 percent of the full amount) and sends the rest to the Instructor unless the instructor also did not show up for the session. In that case, LeanOnAir keeps the full amount of the cancellation fee.

Typically it takes 1-3 business days for the refund to be processed by PayPal. If you have not received your refund after 5 business days, however, please contact PayPal support. If Paypal does not see a refund in their records then please contact LearnOnAir Support.

Tax

You, the instructor, “must declare all income you earned anywhere in the world” to the appropriate taxing authority in your own location. LearnOnAir cannot or will not follow your Tax related responsibilities up for you.

If you are an instructor from Australia, and you determine your activities to be a hobby, "then you do not have any additional tax or reporting obligations."

Keep in mind that if you are an Australian resident, "you pay no tax on the first $18,200 of your income”. (https://www.ato.gov.au/Individuals/Ind/Tax-free-threshold-for-newcomers-to-Australia/)

If you are running a business, please provide your ABN in the required section of our website.

For more information visit the Taxation Office (ATO) website and www.business.gov.au

Goods and Services Tax

“If you run a business or other enterprise and have a GST turnover of $75,000 or more ($150,000 or more for non-profit organisations), or you provide taxi travel (including ride-sourcing) – you need to register for GST”.

For more information visit the Taxation Office (ATO) website.

For instructors from countries other than Australia

Learn On Air is an Australian company providing its services worldwide. If you are an instructor from a country other than Australia you the instructor is responsible for declaring your income from the sale and delivery of lessons or any content via Learn On Air and paying the taxes to the appropriate taxing authority in your own country.

Note: The information provided here is not legal advice. It is taken from the relevant government websites (https://www.business.gov.au & https://www.ato.gov.au) and offered for your convenience as general information only and will not be updated or reviewed.

YOU, THE STUDENT, INSTRUCTOR, PARENT AND/OR GUARDIAN, UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES AND ALL CONTENT AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

LEARNONAIR DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY AND AVAILIBILITY OF CONTENT.

LEARNONAIR ALSO DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT AND MATERIALS. YOU, THE STUDENT AND INSTRUCTOR, ACKNOWLEDGE THAT ACCESSING OUR SERVICES OR USING OUR CONTENT AND MATERIALISES AND WILL BE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM THE ACCESS AND USE OF, OR INABILITY TO ACCESS OR USE LEARNONAİR SERVICES OR CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, WHETHER DIRECTLY OR INDIRECTLY INCURRED, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THESE TERMS. LEARNONAIR'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE LESSONS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

By using LearnOnAir services and content, you agree to indemnify, defend and hold LearnOnAir harmless from and against all reasonably foreseeable losses, damages, costs, expenses, claims and demands, including attorney fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder and related to your access, use or participation or attempted use or participation in the LearnOnAir' services, and any violation of this agreement, or any alleged infringement of intellectual property rights including, but not limited to, patents, copyrights, trademarks, and trade secrets.

LearnOnAir may, at any given time, terminate your use of the website and access to content and materials, with or without reason or notice, if there has been any breach by you of these terms, effective immediately. We may stop offering any live lesson or content and materials at any given time. If you are an instructor and your lesson has been discontinued by us, this means that your right to offer the course/s will also be terminated. You hold the right to terminate your own use of the website or content at any time, either by deleting your account and discontinuing using the site, or by contacting us at support@learnonair.com. LearnOnAir has no obligation, except for what is required by law, to retain any of your account details and information or content and materials for any period of time. After your use of the website and its content has been terminated, you must cease using it immediately. Keep in mind that if either we or you terminate your account, you may lose any information within your account, including your content and materials. All provisions of this agreement shall survive termination, including, but not limited to, warranty disclaimers, indemnity, limitations of liability.

LearnOnAir holds the right, at its sole discretion, to change all or any part of the terms set out above at any time. Any changes to the terms will be effective immediately after posting and we will take reasonable steps, including email and public posting on our homepage, to notify you of such changes. Your continued use of our website and content after the publication of such changes, with or without notification, constitutes acceptance of these changes.