Terms & Conditions
Last Updated: June 6, 2020
PLEASE READ THIS DOCUMENT CAREFULLY
This document sets out the terms for use of the LearnFacta platform. It governs both our Course & Content Creators (“Creators”) and our end users (“Students”). When we refer to “You”, we mean both our Creators and Students or just our Creators or our Students (don’t worry, we’ll make it clear who we’re talking to, but when in doubt, we’re talking to you). LearnFacta is committed to transparency, which includes providing a Terms of Conditions that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.
Our Terms of Conditions (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the LearnFacta platform, whether you are a visitor, guest, Creator, Student, etc.
LearnFacta’s Platform can be found at https://learnfacta.com and owned, managed, operated, etc. by LearnFacta. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
LearnFacta Learning Managemenr Platform, ("LearnFacta ") provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services (“Content”) to their Students. LearnFacta offers this Content creation platform along with a number of additional services and tools offered via the Platform will be referred to in this Agreement as “LearnFacta Services”.
By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access LearnFacta’s Platform in any manner.
LearnFacta may associate with Creators to provide content in future or partner with educational institutions. However, Creators and Students are not employees of LearnFacta. LearnFacta is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content. LearnFacta is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, LearnFacta only provides Creators with limited information about the Students enrolled in their Content. LearnFacta does not provide, sell, rent, release, disclose, etc. Student data to Creators for monetary or other valuable consideration.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.
A. This platform is designed for students of all age group, however, if you are below 16, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform).
LearnFacta grants You a limited, non-exclusive license to access and use LearnFacta’s Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without LearnFacta’s express written consent. Except as expressly permitted by LearnFacta in writing, you will not try to reproduce LearnFacta’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by LearnFacta are reserved.
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
B. If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from the LearnFacta Platform. Whether conduct violates our Code of Conduct will be determined in LearnFacta sole discretion.
While we’re on the subject of ground rules, we should also discuss what content is prohibited on the LearnFacta Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on LearnFacta.
LearnFacta reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement
A. LearnFacta strictly prohibits the Creators to sell offerings (“Services”) to Students in addition to the courses that the Creator sells on the Platform (together Services and courses are referred to as Content). All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third party content, You agree that LearnFacta is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Creator.
In operating our Platform, it’s important for us to make it clear who owns what. You are trusting us with your content and consistent with LearnFacta’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the LearnFacta community.
A. LearnFacta Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as " LearnFacta Content", and is and remains the sole property of LearnFacta. LearnFacta Content, including our trademarks, may not be modified by You in any way
B. Your Content: Content that You upload to the Platform is and remains Your content. LearnFacta does not claim any intellectual property rights over the materials You upload to the LearnFacta Platform by virtue of Your use of our services. By uploading your content to the LearnFacta Platform, You agree that:
LearnFacta reserves the following rights over the entire LearnFacta Platform:
By using LearnFacta’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). learnFacta is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. LearnFacta assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
A. Through the LearnFacta Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. LearnFacta does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
As the provider of the gateway responsible for processing the payment for the Content purchased, LearnFacta is responsible for collecting payment
LearnFacta sets the general conditions for all Content sold over the LearnFacta Gateways, including adherence to LearnFacta refund policy
LearnFacta determines the delivery of the Content to Students, utilizing the payments processed through LearnFacta Gateways as a predicate event to delivering the Content to the Student
Invoices issued to Students shall identify the Content purchased by the Student
LearnFacta is responsible for authorizing the charges made to Students for Content purchased through the LearnFacta Gateways
Unless explicitly mentioned in this Agreement, Creators and Students are otherwise responsible for the payment of any and all applicable taxes that become due from their use of the Platform
LearnFacta is not responsible for setting the pricing on a Creator’s Content. Prices for Creator Content are set by the Creator.
We want You to be happy with LearnFacta’s Platform. If You’re not feeling excited about joining the community, we have some options for You regarding Your plan.
C. Sole Discretion
D. Services
In running the Platform, we require that You understand and agree that LearnFacta is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that LearnFacta doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against LearnFacta will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
You agree that LearnFacta, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the LearnFacta Platform
You agree that LearnFacta shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications
LearnFacta is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command
LearnFacta does not guarantee that any files available for downloading from the Platform be completely free from viruses or other harmful computer code
The LearnFacta Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the LearnFacta Platform
LearnFacta disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title
LearnFacta shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform
You agree that LearnFacta shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless LearnFacta, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other LearnFacta policies, and copyright and other intellectual property law)
You agree that LearnFacta shall not be liable for any content that appears on the Platform
Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity
LearnFacta may notify You of relevant information regarding the Platform and Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.
Your use of the Platform is subject to our Privacy Policy.
These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by LearnFacta, including the Platform, LearnFacta Services, and any Content
If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability
LearnFacta may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor LearnFacya shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
If you have questions or concerns regarding these Terms of Use, you may contact us
Block 2, Clifton
Karachi, Sind
Pakistan
Email: info@learnfacta.com
