Terms of Service

1. Definitions

• Service / Platform: Refers to the KamLearn e-learning website, applications, and all associated tools, features, and content provided by KamLearn.
• Company: Refers to KamLearn, the provider of the Service.
• Organization / Organizational User: Refers to any school, business, or other entity that creates an account on the Platform to build courses, manage learners, and/or sell courses.
• Learner / Student: Refers to any individual who accesses courses on the Platform, either through an Organization's internal training program or by purchasing a course from an Organization.
• User: Refers collectively to both Organizational Users and Learners.
• Content: Refers to all text, images, videos, audio, documents, quizzes, assignments, and any other material uploaded, displayed, or made available on the Platform.
• User Content: Refers to Content uploaded or created by Organizations or Learners on the Platform.

2. Account Registration and Access

2.1. Account Creation:

• For Organizations: To access the Service's full features, you must register and create an Organizational account. You agree to provide accurate, complete, and current information during registration and to update such information to keep it accurate, complete, and current.
• For Learners: Learners may register accounts either directly or may have accounts created for them by an Organization. You agree to provide accurate and complete information.

2.2. Account Security:

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.3. Eligibility:

By creating an account, you represent that you are at least 18 years of age and are legally capable of entering into binding contracts. If you are under 18, you may only use the Service with the involvement and consent of a parent or guardian. Organizational Users represent that they are authorized to act on behalf of the organization they represent.

3. Use of the Service

3.1. General User Conduct

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Service.

3.2. For Organizations

• Content Ownership and Responsibility: You retain all ownership rights to the User Content you upload to the Platform. However, by uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to host, display, transmit, and distribute your Content on the Platform solely for the purpose of providing the Service to you and your Learners.
• Content Legality and Compliance: You are solely responsible for the User Content you upload, including its legality, reliability, and appropriateness. You warrant that your Content does not violate any law, infringe any third-party rights (including intellectual property rights), or contain any defamatory, obscene, or harmful material.
• Learner Management: You are responsible for the management of your Learners, including their enrollment, progress tracking, and ensuring their compliance with any rules or policies you set for your courses.
• Data Privacy (Organizational Responsibility): If you collect personal data from your Learners (e.g., through course content, forms), you are solely responsible for complying with all applicable data protection laws in Cameroon and any other relevant jurisdictions regarding the collection, use, and disclosure of such data. You agree to indemnify and hold us harmless from any claims arising from your collection or handling of Learner data.

3.3. For Learners

• Access to Courses: You are granted a limited, non-exclusive, non-transferable license to access and view the courses you have enrolled in or purchased, solely for your personal, non-commercial educational purposes.
• Academic Integrity: You agree to maintain academic integrity and not engage in any activities that could compromise the learning process, such as cheating, plagiarism, or unauthorized sharing of course materials.
• Prohibited Sharing: You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the respective owners of the Content.

3.4. Prohibited Conduct (Applicable to All Users)

You agree not to:

• Use the Service in any way that violates any applicable national or international law or regulation.
• Engage in any form of hacking, phishing, spamming, or other malicious activities.
• Upload or transmit viruses, malware, or any other destructive code.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to distribute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Collect or store personal data about other users without their express consent.

4. Intellectual Property Rights

4.1. Our Intellectual Property:

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Kamlearn and its licensors. The Service is protected by copyright, trademark, and other laws of both Cameroon and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kamlearn.

4.2. User Content Intellectual Property:

As stated in Section 3.2, you retain all ownership rights to your User Content. By posting User Content, you grant us a license to operate the Service. You also grant other Users a license to access your Content (if applicable to their enrollment) solely for the purpose of their educational use of the Platform.

5. Payments and Refunds

5.1. Subscription/Platform Fees (for Organizations):

Details regarding subscription fees, payment terms, and billing cycles for Organizational Users will be specified during the registration process or in a separate agreement. All fees are non-refundable unless otherwise stated in a specific agreement or by law.

5.2. Course Sales (for Organizations):

Organizations are responsible for setting their own course prices, managing sales, and handling refund policies for courses they sell to Learners through the Platform. We may provide tools to facilitate these transactions, but the financial agreement remains between the Organization and the Learner.

5.3. Learner Refunds (for Purchased Courses):

Refund requests for courses purchased by Learners must be directed to the Organization that provided the course, in accordance with their specific refund policy. Our platform generally facilitates the transaction but does not process refunds for individual course purchases unless explicitly stated otherwise.

6. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Kamlearn.

Kamlearn has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Kamlearn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Kamlearn and its subsidiaries, affiliates, and licensors do not warrant that: a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Limitation of Liability

In no event shall Kamlearn, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to defend, indemnify, and hold harmless Kamlearn and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) User Content posted on the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Cameroon, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the competent courts in Buea, Southwest Region, Cameroon.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us:

• By email: info@kamlearn.com
• Address: Buea, Cameroon
• Through our website: https://kamlearn.com/contact