Terms & Conditions

 

WhatwilliDO Pte Ltd (WhatwilliDO, LEARNontherun, WhatwilliBE, De Analysi Professional Development,  we,  us,  our) operates its websites (www.LEARNontherun.com,www.whatwiliIDo.org, www.whatwilliBe.org and www.deanalysi.com) and provides its services (described below) through its websites located at (Website) and through its mobile applications and related services (collectively, such services, including any new features and applications, Service(s)), subject to the following Terms of Service (as amended from time to time, the Terms of Service).

Please read the following terms of service carefully. The LEARNontherun website offers an online platform that enables users (Users) to publish, offer, search and book services. Users who publish and offer teaching services are Instructors and Users who search for, book or uses services are Learners. Instructors offer learning experiences such as weekly or a series of classes (Classes), one-time workshops (Workshops) or collectively labelled as (Courses) when they put up an advert (Listing).

Please note that these terms include a binding dispute resolution provision including a class action waiver. By agreeing to dispute resolution you are submitting to the jurisdiction and laws of the Republic of Singapore.

  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to  such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Class Content Policy and  Social Media Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Key Terms

User you or your means a person, organisation or entity using the Services, including Parents, Instructors and Learners.

Parent(s) means a parent or legal guardian who completes LEARNontherun account registration process to purchase Classes on the Site for the purpose of enrolling their child.

Instructor(s) means a person who completes LEARNontherun account registration process to sell Classes on the Site or an organization that executes an agreement with LEARNontherun to sell Classes on the Site.

Learner(s) means a person who completes LEARNontherun account to access classes provided on the Site. 

The collective term Course(s) means any online class(es) or workshop(s) submitted by an Instructor for sale on the Site.

Access and Use of the Service

1.1 Services Description:

 LEARNontherun is an online marketplace for children aged 4 to 16 courses, for adult learners as well as professionals to find and book courses for the benefit of their child or children, themselves or their organizations and for Instructors to market, sell and conduct their Classes.

You must register an account to access and use the LEARNontherun platform, and must keep your account information accurate. As the provider of the LEARNontherun Platform, LEARNontherun does not own, control, offer or manage any Listings, Classes, Courses or Workshops. LEARNontherun is not a party to the contracts concluded  directly between Instructors and Learners, nor is LEARNontherun an education company. LEARNontherun is not acting as an agent in any capacity for any User, except as specified in the Payments of Terms of Service (Payment Terms). To learn more about LEARNontherun payment of Terms of Service, see point 3.0.

By registering for, accessing, browsing, or using the Sites, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions including the LEARNontherun privacy policies and any additional guidelines (collectively, Terms).

  As a parent or guardian, if you provide consent for your child to register with this Site, you agree to be bound by these Terms of Service. As school personnel (as defined below) and you register a school user (as defined below), you agree on behalf of your institution, that the school user is bound by the terms unless your institution has a separate written service agreement with LEARNontherun that accepts these terms on behalf of the school users. 

As a User, you are responsible for maintaining the confidentiality of your passwords and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to notify LEARNontherun of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. LEARNontherun will not be liable for any loss or damage arising from your failure to comply with this section.

 

1.2 Risks

As Users, you agree that risks such as people acting under false pretenses. Though LEARNontherun strives to provide a safe learning environment for all its Users, you agree that all these risks are ultimately borne by you as LEARNontherun does not control the behavior of Users or the quality of the Classes. LEARNontherun cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the offered courses.

 

1.3 Modifications to Service

LEARNontherun reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. As Users, you agree that LEARNontherun will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

1.4 General Practices Regarding Use and Storage

As Users of the platform LEARNontherun, you acknowledge that LEARNontherun may establish general practices and limits concerning use of the Service, including without limitation the maximum period that data or other content will be retained by the Service and the maximum storage space that will be allotted on LEARNontherun servers on your behalf.

As Users, you agree that LEARNontherun has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that LEARNontherun reserves the right to terminate accounts that are inactive for an extended period of time.

You also acknowledge that LEARNontherun reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Class Recordings: Classes that take place through LEARNontherun's video chat platform are automatically recorded by LEARNontherun (Class Recordings). As we value our User's privacy, the use of Class Recordings is extremely rare. Class Recordings are typically only used for dispute resolution. 

LEARNontherun retains Class Recordings for three months after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, LEARNontherun will also delete Class Recordings earlier than three months under the following circumstances: (a) upon the request of a Parent for the deletion of their child's personally identifiable information, or (b) upon the reasonable determination of LEARNontherun that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. 

LEARNontherun will not use Class Recordings containing images of Users for promotional or any other purposes without their written consent. However, you agree that LEARNontherun may use Class Recordings to provide feedback to Instructors, to improve our Services, for customer support, and for compliance purposes.

 

2. Instructor Obligations

 

2.1 Marketplace Basics

As an Instructor, you must provide LEARNontherun with any information requested in order for LEARNontherun to list your Classes through its Services including but not limited to a description of and price for the Courses. LEARNontherun has sole discretion as to which Courses we list on the marketplace and we reserve the right to reject any Courses or remove Courses from the marketplace for any reason.

Furthermore, LEARNontherun has discretion to edit Course descriptions and also has sole discretion as to which Instructors are accepted into the marketplace and we reserve the right to reject any potential Instructors and remove or suspend any Instructors from the marketplace for any reason. LEARNontherun may, but is not required to, conduct background checks on and interviews of Instructors in its discretion. As an Instructor, you agree to provide accurate information through interviews and/or written or electronic consent to such background checks.

Community Standards: When you join the LEARNontherun community, you agree to follow our policies, including our community standards.

Instructors, Learners and Parents (the community) are expected to communicate in a considerate and professional manner, model appropriate behaviour and act professionally. When joining the community, you agree to display appropriate behaviour in the use of social media, blogs and other online forums. Inappropriate behaviour includes (but not limited to) intent to provoke, bully, insult, cause harm, create conflict, make offensive remarks based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about Learners, Instructors, Parents, or LEARNontherun staff.

Instructors agree to not display the above stated behaviour even if the target is not identified by name. Instructors are not to share any private material, communication, or information regarding Parents of Learners, including but not limited to Learners' or Parents' names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to LEARNontherun's ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of LEARNontherun's community standards.

The community is also expected to not post online or speak to the media on LEARNontherun's behalf without prior written authorisation from LEARNontherun.

 

2.2 Instructor Responsibilities

Instructors who signed up should not have criminal records or seek any psychiatric treatment. Should they have, they can apply to be interviewed by staff from Whatwilli-DO.

As an Instructor, you understand and agree that LEARNontherun is not an insurer, agent or employer for you. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and LEARNontherun is not a party thereto. Apart from the previous, LEARNontherun is authorised to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees).

As Instructors, you acknowledge and agree that you are responsible for your own acts and omissions while using the Services. 

If you are required by law to possess a particular license in order to conduct a course in a specific topic, it is your sole responsibility to ensure that you have the necessary license, certifications and qualifications to carry out such a course. LEARNontherun is acting solely as a platform to facilitate the conduct of the course and will not be held responsible for any misdemeanor on your part with regards to licensing law. If litigation is brought against LEARNontherun with regards to this, any penalty fees levied at LEARNontherun will be payable by the specific instructor. 

 

3. Payment Terms

 

General: Each Parent agrees to pay all applicable fees for Classes (Enrollment Fees) as set forth on the Site. All Enrolment Fees are payable in Singapore Dollars (SGD). Parents hereby authorise LEARNontherun to bill Parents' payment instruments upon confirmation of a purchase, and Parents further agrees to pay any charges so incurred. If a Parent disputes any charges that Parent must make LEARNontherun aware within 30 days after the date that LEARNontherun charges that Parent.

 

3.1 Instructor Payment:

LEARNontherun will transfer the Enrollment Fees to Instructor's PayNow account for each sale of a Class/Course (or set of Courses, as applicable) to a Users within a reasonable period of time, minus LEARNontherun service fees (LEARNontherun Fee). 

All LEARNontherun Instructors should have a PayNow account if they are based in Singapore, if Instructors are based outside of Singapore, other forms of remittance will be arranged. LEARNontherun has the discretion to not transfer the Enrollment Fees to the Instructor if any Parent reports that the Classes were not provided or were not completed as promised.

LEARNontherun will review cases of inappropriate behaviours including but not limited to those mentioned above (see Section 2.1), no show or a Class lacking quality, with input from Parents and/or the Instructor and issue a refund to the Parent should the situation calls for it. LEARNontherun decision with respect to a refund shall be final and binding on Parents and Instructors.

As an instructor, you determine your own earnings by setting the cost for each class or a series of courses, as well as the minimum and maximum class size. If a class receives fewer than the minimum enrollments, it is your decision as to whether or not to proceed. 

LEARNontherun business model is to take a service fee each time a learner enrolls. LEARNontherun takes 30% of the parent's payment after taxes, and teachers receive 70% after taxes. All class fees must be paid through the LEARNontherun platform.

 

Payout details

We send section payouts to teachers using PayNow. The payout amount for each section is 0.7 * (price * number of students - taxes). 

 

For most classes, you will receive payment 28 days after the end of the class date. Payments begin processing at 10am (SST) each day from the address admin@LEARNontherun.com. Please allow a window of two days from the 28th day after the end of the class to receive your payment.

 

3.2 Limited Payment Collections Agent:

LEARNontherun is appointed as the Instructor's limited payment collection agent solely for the purpose of accepting Enrollment fees from the purchase of the courses. The Instructor agrees that payment of Enrollment Fees by Users to LEARNontherun shall be considered the same as a payment made directly by such Users to the relevant Instructor. The Instructor will in turn provide the relevant Courses to Users as outlined on the Site as if the Instructor had received the payment directly.

LEARNontherun, as limited payment collection agent for the Instructor, agrees to facilitate the payment of any Enrollment Fees (less the LEARNontherun Fee) for Courses pursuant to these Terms of Service unless otherwise agreed between LEARNontherun and the Instructor. In the event that LEARNontherun does not remit such amounts, the Instructor will have recourse only against LEARNontherun.

 

3.3 Cancellation and Refund policies 

Cancellations by Learners

Single session

If learners cancel more than 72 hours before the start of the class, they will be eligible for refund of payment received* minus administrative charges. Administrative charges include a handling fee and transaction fee for refund via credit card. 

If learners cancel less than 72 hours before the start of the class, they will not be eligible for any refund. 

If the class is cancelled due to instructor's unavailability, learners will be eligible for full refund. 

 

Multi-session

If learners cancel any session(s) of a multi-session class, more than 72 hours before the start of the class, they will be eligible for refund of payment received* minus administrative charges. Administrative charges include a handling fee and transaction fee for refund via credit card. 

If learners cancel any session(s) of a multi-session class, less than 72 hours before the start of the class, they will not be eligible for any refund. 

If any session(s) of a multi-session class is/are cancelled by the instructor, learners will be eligible for a prorated refund based on the number of classes that were originally scheduled when learners signed up for the multi-session class. 

*Payment received is defined as payment received by LEARNontherun after credit card transaction fees have been deducted. 

Cancellations by Instructors

We strongly discourage instructors from cancelling classes that they have listed on the platform as learners would have already signed up and would be looking forward to the class(es). We will not reschedule cancelled class(es) as it will not be possible to cater to the availability of all learners who had previously signed up. 

 

Single session

If instructors cancel more than 72 hours before the start of the class, an administrative charge will be levied to cover the cost of refunding payments received from learners who had signed up. This charge will be deducted from instructor's next payout from LEARNontherun. 

If instructors cancel less than 72 hours before the start of the class, a penalty charge equivalent to 10% of the total payment received for the class thus far will be levied. In addition, an administrative charge will be levied to cover the cost of refunding payments received from learners who had signed up. Both the penalty and administrative charges will be deducted from instructor's next payout from LEARNontherun. 

If instructors have medical or compassionate grounds for cancellation of classes, they should get in touch with us through admin@LEARNontherun.com and we will review your request on case by case basis. 

 

Multi-session

If instructors cancel any session(s) of a multi-session class, more than 72 hours before the start of the class, an administrative charge will be levied to cover the cost of refunding payments received from learners who had signed up. This charge will be deducted from instructor's next payout from LEARNontherun. 

 

If instructors cancel any session(s) of a multi-session class, less than 72 hours before the start of the class, a penalty charge equivalent to 10% of the total payment received for the class thus far will be levied. In addition, an administrative charge will be levied to cover the cost of refunding payments received from learners who had signed up. Both the penalty and administrative charges will be deducted from instructor's next payout from LEARNontherun. 

If you have medical or compassionate grounds for cancellation classes, please get in touch with us through admin@LEARNontherun.com and we will review your request on case by case basis. 

 

 Additional Policies

 

If the learner misses a class, you are not entitled to a refund. 

If the learner has not joined the meeting 10 minutes after the class's start time, they may not be allowed to enter the class depending on individual instructor's class policy. This is considered a missed class and learners will not be entitled to a refund.

Refunds can only be issued to the original form of payment used for your purchase on LEARNontherun, and they cannot be issued to a different card. In the case that the original card is closed or no longer active for any reason, you may need to contact your bank or credit card company to retrieve the funds. 

Note that in the rare case a parent requests an excessive number of refunds, they may be disqualified from receiving future refunds.

Note that in the rare case a learner requests an excessive number of refunds, they may be disqualified from receiving future refunds.

Note that in the rare case an instructor cancels an excessive number of classes, they may be blacklisted and barred from the LEARNontherun platform. If the instructor would like to be re-instated to the platform, he/she would need to contact us at admin@LEARNontherun.com for a review.

 

3.4 Refund Policies for Instructors

We encourage instructors to proactively provide refunds in the following scenarios.

They cancelled a class meeting, missed a class meeting or shortened a section.

A learner had a poor experience in class, and the instructor feels he or she is at least partially responsible.

Process of Giving Instructor initiated Refunds

Before you are paid for the class section, you should use the Refund button in your sections to issue these refunds. If you have already been paid, please contact admin@LEARNontherun.com to issue the refunds and send back any necessary funds to LEARNontherun. 

 

LEARNontherun may process refunds without communicating with you prior to issuing the refund in some specific scenarios such as:

A learner cancelling classes prior to start of the class

A learner requesting for refund based on poor experience during the class (after a thorough investigation by our admin personnel) 

If you have already been paid, we will contact you to request a return of your 70% portion of the enrollment fee (after tax charges. You are expected to return funds within 14 days. 

 

4. Conditions of Use

 4.1 User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (content) that you upload, post, publish or display (hereinafter, upload) or email or otherwise use via the Service. Please read the following examples which are prohibited by LEARNontherun.

For learners who are children, parents agree to oversee the lessons conducted by instructors during an on-going lesson. 

LEARNontherun reserves the right to investigate and take appropriate legal action against anyone who, in LEARNontherun's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• provide personal contact to learners in attempt to interact with them outside of LEARNontherun platform 
•  email or otherwise upload any content that: 

1. Infringes any intellectual property or other proprietary rights of any party;
2. Upload under any law or under contractual or fiduciary relationships;
3. 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;
4. Poses or creates a privacy or security risk to any person;
5. Constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation;
6. Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable;
7. In the sole judgment of LEARNontherun, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose LEARNontherun or its users to any harm or liability of any type;
8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. Violate any applicable local, state, national or international law, or any regulations having the force of law;
10. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
11. Solicit personal information from anyone in violation of our Privacy Policy
12. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
13. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
14. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
15. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

Commercial Use: Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

5. Intellectual Property Rights

 

5.1 Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features (Service Content) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by LEARNontherun, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.

 

If you are blocked by LEARNontherun from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of LEARNontherun, our affiliates and our partners (the Software). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by LEARNontherun.

The LEARNontherun name and logos are trademarks and service marks of LEARNontherun (collectively the Whatwilli-DO Trademarks). Other Whatwilli-DO, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LEARNontherun. You should not interpret anything in these Terms of Service or the Service to mean that Whatwilli-DO is in any way explicitly or implicitly giving you any license or right to use any of Whatwilli-DO Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Whatwilli-DO Trademarks is only for Whatwilli-DO exclusive benefit.

Third Party Material: Under no circumstances will LEARNontherun be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that LEARNontherun may, but is not required to, pre-screen content, and LEARNontherun and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

LEARNontherun and its designees will have the right to remove any content that violates these Terms of Service or is deemed by LEARNontherun, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

5.2 User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, User Content), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and LEARNontherun does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give LEARNontherun a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

 

   With respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and,

 

   With respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling LEARNontherun to provide you with the Services.

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (Submissions), provided by you to LEARNontherun are non-confidential and LEARNontherun will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that LEARNontherun may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LEARNontherun, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

5.3 Copyright Issues

LEARNontherun respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify LEARNontherun of your infringement claim.

 

LEARNontherun will process and investigate notices of alleged infringement and will take appropriate actions under the Intellectual Property Office of Singapore (IPOS) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to LEARNontherun's Copyright Agent at support@whatwilllearn.com (Subject line: Intellectual Property Request).

To be effective, the notification must be in writing and contain the following information:

   An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

   A description of the copyrighted work or other intellectual property that you claim has been infringed;

   A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

   Your address, telephone number, and email address;

   A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;

   A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

 

5.4 Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

 

   Your physical or electronic signature;

   Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

   A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and,

 

If a counter-notice is received by the Copyright Agent, LEARNontherun will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

Repeat Infringer Policy: In accordance with applicable law, LEARNontherun has adopted a policy of terminating, in appropriate circumstances and at LEARNontherun's sole discretion, users who are deemed to be repeat infringers. LEARNontherun may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

6. Third Party Websites

 

LEARNontherun has no control over access or links to other sites and resources on the Internet, whether provided by the Service, or third parties. As such, LEARNontherun does not endorse and is not responsible for such sites and resources.

As Users or visitors of the LEARNontherun site, you further acknowledge and agree that LEARNontherun will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.

LEARNontherun will not be liable for any loss or claims that you may have with third parties while using the Service from LEARNontherun.

 

7. Social Networking Services

 

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (Social Networking Services). As you are asked to authenticate, register or log into Social Networking Services on the website, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services. LEARNontherun will use, store and disclose such information in accordance with our Privacy Policy.

 

Please see our Privacy Policy for more information about the implications of activating these Social Networking Services and LEARNontherun's use, storage and disclosure of information related to you and your use of such services.

 

You agree that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and LEARNontherun shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

 

LEARNontherun is also not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services.

Hence, LEARNontherun is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Site enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

8. Indemnity and Release

 

You agree to release, indemnify and hold LEARNontherun and its affiliates and their officers, employees, directors and agents (collectively, Indemnitees) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

 

9. Disclaimer of Warranties

 

The use of the service is at your sole risk. The service is provided on AS IS basis and AS AVAILABLE basis.

LEARNontherun disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of the merchantability, fitness for a particular purpose, title and non-infringement.

LEARNontherun makes no warranty that the service will meet your requirements on:

 

1. The quality of any products, services, information, or other materials purchases or obtained by you through the service will meet your expectations;
2. The service will be uninterrupted, timely, secure or error-free;
3. The results that may be obtained from the use of the service will be accurate or reliable.

 

You acknowledge and agree that any criminal background checks conducted by LEARNontherun on Instructors are solely for its own benefit. LEARNontherun makes no representations or warranties as to the conduct of users or members of the Site or Service.

 

10. Limitation of Liability

 

Our liability under this Service Contract will not, under any circumstances, extend to any indirect, incidental, special, consequential, exemplary damages, damages for loss of profits including but not limited to, damages for loss of goodwill, use, date or other intangible losses (even if LEARNontherun has been advised of the possibilities), whether on contract, negligence, or otherwise, due to:

 

• The use or the inability to use the service;
• Cost of procurement of substitute goods and services resulting in any goods, data, information or services                     purchased or obtained or any transactions entered through or from this service;
• Unauthorised access to or alternation of your transmissions or data.
• Statements or conduct of any third party on the service;
• Any other matter relating to the service. LEARNontherun will not be liable for any forms of damages, losses or causes of action.

 

11. Dispute Resolution and Jurisdiction:

 

11.1 Jurisdiction

You agree that any and all disputes or claims that have arisen or may arise between you and LEARNontherun, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be raised, claimed and settled or otherwise resolved under the jurisdiction and Laws of the Republic of Singapore.

 

11.2 Intellectual Property Protection

At all times LEARNontherun reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

11.3 Class Action Waiver

Prohibition of Class and Representative Actions and Non-Individualised Relief: You and LEARNontherun agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

 

11.4 Commitment to Alternative Dispute Resolution

Commitment to alternative dispute resolution: LEARNontherun is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by the directors.

 

11.5 Confidentiality

Confidentiality: All aspects of dispute resolution, and any ruling, decision, or award or judgment will be strictly confidential for the benefit of all parties.

 

 12. Termination

 

As Users, you have understood and agree that LEARNontherun, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if LEARNontherun believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

 

LEARNontherun may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice if there is any suspected fraudulent, abusive, or illegal activity and may refer them to appropriate law enforcement authorities.

 

You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that LEARNontherun may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LEARNontherun will not be liable to you or any third party for any termination of your access to the Service.

 

13. User Disputes

 

You agree that you are solely responsible for your interactions with any other Users in connection with the Service and LEARNontherun will have no liability or responsibility with respect thereto.

LEARNontherun reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other User of the Service.

 

14. General

 

These Terms of Service constitute the entire agreement between you and LEARNontherun and govern your use of the Service, superseding any prior agreements between you and LEARNontherun with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of Singapore without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and LEARNontherun agree to submit to the personal and exclusive jurisdiction of Singapore. The failure of LEARNontherun to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within 12 months after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of LEARNontherun, but LEARNontherun may assign or transfer these Terms of Service, in whole or in part, without restriction.

 

The section titles in these Terms of Service are only for convenience and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

15. Your Privacy

 

At LEARNontherun, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

Any other questions?

 

Please contact us at support@whatwilllilearn.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.