TERMS OF SERVICE

(last updated 8 January 2021)

Your access to and use of all information on the On the Run Learning website including purchase of our service(s) is provided subject to the following terms of service and our Privacy Policy
This website (ontherunlearning.com) is owned and operated by us, SiTU Solutions Pty Ltd t/a On the Run Learning (ABN 59 637 888 914). When you visit our website or register as a “member” to use our products and services, you agree to our terms of service, which are set out below. We may change these terms of service from time to time without prior notice.

We recommend that you check these terms of service each time you visit our website or access our products and services as a member. Your continued use of this website or purchase of our products and services following any changes to these terms of service indicates your acceptance of those changes. If you do not agree with any part of our website terms of service, you must cease use of our website and our products and services. If you wish to terminate this agreement, you must deactivate and cancel your member account and no longer access or use our website or products and services.

Creating an Account and Registering as a Member

1. You must be 18 years or over to create an account with us, register as a member or otherwise access or use our products and services.

2. You must complete registration by providing certain information as set out on our sign-up page. Please refer to our Privacy Policy (www.ontherunlearning.com/privacy) for information relating to our collection, storage and use of the personal information you provide on sign-up and during use of our products and services.

3. You warrant that your details are true and accurate at all times and you must promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4. You agree to use a strong password and keep the password confidential and not transfer any part of your account to any other person. You are responsible for anything that happens through your account.

Access to Our Products and Services

5. You understand and agree that access to our paid products and services is offered via the following options:

   (a) on demand access, which incurs a one-off upfront fee as specified in the ‘Pricing’ section of our website. You will have access to the on-demand products and services you have purchased for at least 12 months from your date of purchase; and

   (b) lounge membership, which is a 12 month subscription service to the selected category of products and services and incurs the upfront fee as specified in the ‘Pricing’ section of our website. Our lounge membership automatically renews and, unless you have cancelled your membership or contacted us and requested cancellation of your membership at least 24 hours prior to the renewal date (Renewal Cut-Off Date), you agree that we can charge you the membership renewal fee (which is the same as the initial upfront fee).

6. We may change our subscription plans and the price of our products and services from time to time. Changes to prices or changes to your subscription plan will apply to your subscription at the time of renewal. You will be notified of any changes no later than 30 days prior to the end of your current subscription (i.e. end of your billing cycle). If you do not agree, you may cancel your subscription in accordance with clauses 5(b) and 25.

7. We reserve the right to remove or archive any of our products and services at our discretion.

Discounts & Promotions

8. From time to time, we may offer discounts on the price of our services or run other promotional offers. These discounts and offers are subject to the following conditions:

   (a) are not redeemable for cash and are subject to any additional terms and conditions we specify on our website or in other communications made available to you;

   (b) may be provided for a set period of time only; and

   (c) are not redeemable in conjunction with any other discounts or offers.

Discounts & Promotions

9. When you choose to purchase any of our paid products and services, you will be prompted to provide your credit card payment details before you can access those products or services. Where a third party provider is processing payments on our behalf, your use of such services will be subject to the third party provider’s terms of service.

10. You warrant that you have permission to submit payment information where permission may be required.

11. You agree:

   (a) to update your payment details promptly if it changes at any time;

   (b) to pay the fee indicated in the ‘Pricing’ section of our website that corresponds to your chosen products and services; and

   (c) that we may store your payment details as long as you have account with us and, if you have signed up as to any of our lounge membership options and have not terminated your membership prior to the Renewal Cut-Off Date, continue to automatically charge you when your membership is up for renewal.

12. All prices shown on the website are Australian dollars and inclusive of GST. In relation to GST (as defined under GST law), if our supply to you is taxable, you must pay the GST.

Notices 

13. You agree that we will provide notices and messages to you in the following ways:

   (a) within the Service (in which case you will receive a message in your profile);

   (b) via the contact information you provided us (e.g., email, mobile number, physical address),

and you agree to keep your contact information up to date.

Licence to Members & On-Demand Users

14. We own or have a licence to use all content and information which is made available on our website (Resources).

15. We grant you a non-exclusive, non-transferable, non-sublicensable right to access the Resources that we make available on our website:

   (a) in the case of individual users, for the purpose of your personal and professional development; and
   (b) in the case of business users, for the internal business purposes of the business,
during the term of your membership or for the life of any on-demand purchase.

16. You acknowledge and agree that any logos, disclaimers or other information that appears on our website or the Resources must not be obscured, removed or modified in any way.

Your Licence to On the Run Learning

17. You grant to us a worldwide, royalty-free, transferable and sublicensable right to use, store, copy, publish and process information that you provide to us for our business purposes and to make that information available on your profile.

Permitted Use of Our Products and Services 

18. You are permitted to read our website, make a temporary copy of part or all of it for the sole purpose of viewing it, and print a copy for your personal use only.

19. Our members and on-demand users are permitted to use our products and services solely for the following purposes:

   (a) accessing and viewing the Resources; and

   (b) using the Resources in accordance with the licence granted to you in clause 15.

Things You should know

20. You understand and agree that the information and Resources made available on our website are intended for educational purposes only and:

   (a) is not legal advice and should not be used as such;

   (b) are not to be used as a replacement for medical or psychological/health advice; and
   (c) may not be complete, accurate or appropriate for your personal or business circumstances,
and you must not rely on the information and Resources on our website to make any decisions before obtaining professional advice.

21. Continuing Professional Development (CPD) category classifications are provided as a guide only. Allocation of CPD points are subject to the CPD requirements of your jurisdiction, personal circumstances and practice requirements. You should familiarise yourself with the requirements in your state or territory to determine if our product or services meet the requirements in your state or territory and their suitability for your individual circumstances.

Access and Use of the Member Benefits 

22. If you purchase a 12-month subscription to any of our services offerings available on our website, you become a lounge member (Member). Members are eligible to access and redeem the discounts and other offerings specified in the ‘Member Benefits’ section of our website (Benefits). The Benefits:

   (a) are not redeemable for cash and are subject to the provider’s terms and conditions;

   (b) may be provided for a set period of time only and are subject to change without prior notice throughout the term of a subscription;

   (c) may have restrictions and limits on availability and use, which includes how many times it can be used and may not apply to on-going purchase of the services; and

   (d) may not be available to non-Australian Members. If you are not an Australian Member, you will need to directly contact the provider of the Benefit to confirm if that Benefit will apply to you.

Any other special conditions and limitations relating to a specific Benefit will be described in the applicable section of ‘Member Benefits’ page of our website.

23. If you cancel your subscription you will no longer have access to the Benefits and cannot redeem these after the date you notify us of your cancellation.

24. In order to redeem a Benefit, you must follow the instructions provided on the ‘Member Benefits’ section of our website in relation to redemption and make enquiries directly with the provider of the Benefit. We do not accept any responsibility for a provider’s failure to provide a Benefit but we will work with you to try to assist with any issues.

Suspension or Termination of Membership

25. You may cancel a membership at any time by providing written notice to us. In the case of:

   (a) group memberships (as described on the “Pricing” section of our website), the individual that purchased the group membership is required to provide the written cancellation notice; and

   (b) group memberships purchased by an organisation, an authorised person from that organisation must provide the written cancellation notice.

26. If a group membership has been purchased by an organisation, the organisation is responsible for requesting that access for any of its former employees is removed. The request must be provided to us in writing within 5 working days of the employee having exited the organisation.

27. If you are an employee leaving an organisation that has purchased a group membership on your behalf, you are responsible for downloading your certificates of completion to claim CPD points prior to your access being removed. We will not maintain or make records available after your access has been terminated by your organisation.

28. We may terminate your membership at any time if:

   (a) you breach any of these terms of service;

   (b) you fail to make any applicable payments or if your payment is declined for any reason; or

   (c) we no longer provide these services.

29. On cancellation or termination of your membership for any reason, you acknowledge and agree:

   (a) that you will not be entitled to a refund for any fees already paid and your access will expire at the end of your billing cycle (end of the 12-month subscription term);

   (b) in the case of on-demand content, must pay any outstanding fees in relation to services already supplied. You understand and agree that we reserve the right to deduct this amount from your registered payment method;

   (c) immediately stop using all of our Resources; and

   (d) understand and agree that we reserve the right to permanently delete your profile and any information and content therein.

Restrictions on Use of Our Website and Services: 

30. You must not:

   (a) reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of our website unless you have our prior written consent or are permitted under applicable copyright legislation;

   (b) share or otherwise distribute any of our website content, including the Resources with any third party; or

   (c) send us any sensitive or confidential information through our website or by email as these are not secure forms of communication.

Service Availability

31. We update our website and its content regularly, which may result in temporary disruption to our service. We take reasonable endeavours to keep any such disruption to a minimum.

32. Our website is provided “as is” and on an “as available” basis. We use third party service providers with industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. However, to the extent permitted by law:

   (a) we give no warranty that the our website will be free of defects and / or faults and we do not provide any kind of refund for outages; and

   (b) we accept no liability for any disruption or non-availability of the website resulting from any reasonable updates to our website or from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Our intellectual property

33. All intellectual property rights (including intellectual property rights such as copyright) in this website, our website content and design, our Resources and our products and services are owned by, or licensed to, us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Personal information and privacy 

34. We may allow or require you to complete an electronic form on our website. The form may ask for your personal information and ask you for permission to use your information in a particular manner. For example, we may ask you if you would like to receive updates about our activities or other services we offer. If you don’t want us to do this with any of your information, you can contact us and advise us of your request or you can unsubscribe from the communications you do not wish to receive.

35. We respect your privacy and collect and handle all personal information in the way we have specified in our Privacy Policy. You can find our Privacy Policy at www.ontherunlearning.com/privacy. By sending personal information to us via our website, you agree to the terms of our Privacy Policy.

Third party website links 

36. Our website may contain links to third party websites. These are provided for your convenience only. We are not endorsing the content of these websites or operators and may not continually review the links to make sure they are accurate and up to date.

Cookies 

37. We may use cookies to log your visit to our website for statistical and business purposes. The information logged may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous website visited and the type of browser used. Some of this information may be capable of personally identifying you.

38. If you do not want our cookies to log your visit, you may be able to avoid some cookies by configuring your browser settings or opting-out directly with the party that operates and controls the cookie. Please check your browser settings if you wish to block cookies.

Delays  

39. In the event that we are unable to supply the services as a result of any circumstances beyond our reasonable control (including, but not limited to, terrorism; weather; technology attacks; pandemics; illness; embargoes; quarantine; viruses; strikes; acts or requests of any governmental authority) for longer than 30 days, you can cancel/terminate your membership and obtain a refund for the services not yet provided.

Warranties, guarantees and liability  

40. You warrant that:

   (a) you will abide by all applicable laws and regulations when using this website and our services; and

   (b) any content you submit to us is not the intellectual property or confidential information of any other person and that we don’t need to get permission from anyone else to use it.

41. The Competition and Consumer Act 2010 (Cth) may confer certain rights, guarantees and remedies on you in relation to the provision by us of products and services, which cannot be excluded, restricted or modified. We do not exclude those rights. All other terms, warranties, guarantees and remedies are excluded and we do not make any representation in connection with our products and services or with the use of this website, including the accuracy, reliability, completeness or currency of the website or its content or that security of our website will not be breached.

42. Your access to and use of this website and our services is at your own risk. The internet is not secure and we cannot guarantee that the website will be available or fault or virus free. To the maximum extent permitted by law and without limiting clause 41 above:

   (a) we will not be liable for any direct, indirect, incidental, consequential, special or exemplary damages, losses, costs or expenses or lost profit, resulting from any use or misuse of this website, the information contained on this website or our services, which includes the Resources;

   (b) our liability for breach of any consumer guarantee or any other mandatory local law, which cannot be excluded but can be limited, is limited at our option to:

          i. in the case of services supplied by us, resupplying or paying the cost of resupplying those service; or

          ii. in the case of goods supplied by us, replacing the goods, supplying equivalent goods, repairing the goods or paying the cost of any of the above options; and

(c) our total liability arising out of or in connection with our website, services or these terms of service, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you in respect of our services under these terms of service.

43. These terms of service are governed by the law applicable in the State of New South Wales, Australia and any applicable courts of appeal.

Contact information 

44. You can contact us by:

  • using our contact form at www.ontherunlearning.com/contact
  • emailing us at admin@ontherunlearning.com

Our registered address is level 32, 101 Miller Street, North Sydney, NSW, 2060.