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Terms & Condition

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”.

Introduction

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.

Age of Access

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).

License to Creators & Students

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.

Code of Conduct

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.

  1. No Illegal Activity: This is about as simple as it gets. Do not use the LearnFacta Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software)
  2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity
  3. No Bad Code: Do not use the LearnFacta Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
  4. No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the LearnFacta Platform to engage in any activities that will result in sending spam to anyone on the LearnFacta Platform, including LearnFacta (and its employees), Creators, and Students
  5. Be Civil: We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the LearnFacta Platform we are going to be civil and respectful at all times
  6. No Exploitation: You will not use the LearnFacta Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content
  7. No Impersonation of LearnFacta or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of LearnFacta. You will not impersonate LearnFacta or any of its employees
  8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
  9. No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended
    .

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.

Course and Services Content

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

Services

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.

Intellectual Property and Your Content

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:

  1. LearnFacta may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but LearnFacta has no obligation to review anything that You upload
  2. You are uploading Your content to the LearnFacta Platform at Your direction and that LearnFacta may certify or provide approval or permission prior to You uploading Your content
  3. LearnFacta may display Your content to other users (e.g. Your Students) via the LearnFacta Platform
  4. You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
     

LearnFacta’s General Rights In Operating Its Platform

LearnFacta reserves the following rights over the entire LearnFacta Platform:

  1. LearnFacta may modify, terminate, or refuse to provide LearnFacta Services at any time for any reason, without notice
  2. LearnFacta may remove anyone from the LearnFacta Platform at any time for any reason, solely in LearnFacta discretion. This right is not modified by any other section of this Agreement
  3. LearnFacta may, but has no obligation to, monitor any content that appears on the LearnFacta Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and LearnFacta employees
  4. LearnFacta reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
  5. If You close Your account, LearnFacta may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law
  6. LearnFacta reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement
  7. LearnFacta has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time

Third Party Communications

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.

Third Party Offerings

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.

Payments

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

Pricing

LearnFacta is not responsible for setting the pricing on a Creator’s Content. Prices for Creator Content are set by the Creator.

Refund Policy

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.

  1. In general, all Students purchasing Content that are entitled to a thirty (30) day refund from the date of purchase. Unless authorized by LearnFacta in LearnFacta’s sole discretion, no Creator s may offer a refund policy for a period of less than thirty (30) days to Students.
  2. If a Creator has been allowed to offer a refund period that differs from LearnFacta’s general policy, the Creator must provide notice to Students prior to the purchase of the Content
  3. It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator
  4. LearnFacta reserves the right to refuse refunds to Students who abuse this Refund Policy.

C. Sole Discretion

  1. Any requests for a refund, whether by a Creator or a Student, will be ultimately determined in LearnFacta’s sole discretion

D. Services

  1. Regardless of any other section to the contrary in this Agreement, LearnFacta refund policy does not cover the provision of live services provided by Creators to Students (e.g. live coaching calls)

Cancellation and Deletion

  1. You may delete Your account at any time
  2. Should a school, course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to LearnFacta Content and Content may be irrecoverable. LearnFacta shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations

Errors and Corrections

  1. LearnFacta does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does LearnFacta guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. LearnFacta may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
  2. We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.

Limitations of Liability

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

Communications

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.

Privacy

Your use of the Platform is subject to our Privacy Policy.

Entire Agreement; Severability of Provisions; No Waiver

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

Changes to the Terms of Use

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.

Titles/Headings

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.

Gender/Plural

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.

Contact Us

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