Using TLC in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use TLC. These Terms include everything in this document. If you don’t agree to all of the following, you may not use or access TLC in any manner.
You represent and warrant that you are of legal age to form a binding contract. As detailed further below, you may not and must not use TLC if you are under 18 years old.
If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organisation or entity).
Creating an Account on TLC
You will be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.
You agree that you will only use TLC for your own personal or your organisation's use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.
You may not select as your TLC account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. TLC reserves the right to refuse registration of or cancel a TLC account name at its discretion.
Posting Content on TLC
First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to TLC remains yours and is protected by copyright and any other applicable intellectual property laws.
That includes submitted course content, videos, audio, photos and text you upload to your account on TLC, and any information that you provide to obtain a TLC username and account. It also includes any comments posted on any current or future discussion board features on TLC.
Anything published, uploaded, posted, shared, stored, or otherwise provided through TLC is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts:
Don’t Infringe: Your Posts should not violate someone else’s (including Template's) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialise or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
Limited License to Us: In order to display your Posts on TLC, and to allow other users to enjoy them, you grant us certain rights in your Posts:
Operating TLC: You hereby grant TLC a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within TLC. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your course to make sure it is viewable on a smartphone as well as a computer.
Public Posts: If you share a Post with other users on TLC, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of TLC a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of TLC.
Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected.
We reserve the right to remove any content from TLC at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
Intellectual Property and Reporting Infringement
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on TLC.
Acceptable Use Policy
You are responsible for all your activity in connection with TLC. Make sure that you use TLC in a manner that complies with the law. If your use of TLC is prohibited by applicable laws, then you aren’t authorised to use TLC. We can’t and won’t be responsible for you using TLC in a way that breaks the law.
You also agree that you will not contribute any Post or otherwise use TLC in a manner that:
Is fraudulent or threatening, or in any way violates TLC's Content Guidelines;
Jeopardises the security of your TLC account or anyone else’s (such as allowing someone else to log into TLC as you, or sharing your account or password with someone);
Attempts, in any manner, to obtain the password, account, or other security information of any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on TLC, or any processes that run or are activated while you are not logged into TLC, or that otherwise interferes with the proper working of TLC (including placing an unreasonable load on LearnWorlds' infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of TLC (through use of manual or automated means);
Copies or stores any significant portion of the content on TLC;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to TLC.
Other Users and Third-Parties
Posts: Posts posted to TLC are the sole responsibility of the person or organisation from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Other Users on TLC: Your interactions with organisations and individuals found on or through TLC, including payment for Courses Creator publications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and individuals. You agree that TLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to TLC and are not responsible for which users gain access to our products and services.
Third-Party Content: TLC may contain links or connections to third party websites or services that are not owned or controlled by us. TLC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of TLC or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall TLC, its licensors, or its suppliers be liable to you or to any other person for:
Any indirect, special, incidental, or consequential damages of any kind, or
Any amount, in the aggregate, in excess of the greater of (1) NZD100 or (2) the amounts paid and/or payable by you to us in connection with TLC in the twelve-month period preceding the applicable claim.
No Warranties
TLC is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of TLC will be uninterrupted or error-free. Accordingly, we do not:
Make any representations or warranties about any content contained in or accessed through TLC, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
Make any representations or warranties regarding suggestions or recommendations of products or services (including Course Creator publications) offered or purchased through TLC. Products and services purchased or offered through TLC, including publications, are provided “as-is” and without any warranty of any kind from TLC.
Terminating Your Account
TLC is free to terminate (or suspend access to) your use of TLC, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of TLC.
TLC also allows you to delete your account at any time. You understand and agree that it may not be possible to completely delete your content from TLC's records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using TLC.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.
If you have deleted your account by mistake, contact us immediately at support@thelearningcollaborative.online – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Privacy on TLC
TLC takes your privacy seriously. For the current TLC Privacy Policy, please click here.
Changes to TLC
We’re always trying to improve TLC, so our products and services may change over time. We may suspend or discontinue any part of TLC, or we may introduce new features or impose limits on certain features or restrict access to parts or all of TLC. We’ll try to give you notice when we make a material change to TLC that would adversely affect you, but this isn’t always possible or practical.
Changes to the Terms
We are constantly trying to improve our products and services, so these Terms may need to change along with TLC. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use TLC. If you use TLC in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. TLC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Miscellaneous Terms
Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold TLC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of TLC (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your TLC account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law: These Terms are governed by and will be construed under the laws of New Zealand, without regard to the conflicts of laws provisions thereof.
Arbitration and Class Action Waiver:
No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Template Ltd, and you do not have any authority of any kind to bind us in any respect whatsoever.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
