Effective: August
1, 2020.
Terms of Use
Thank you for using ENESST Academy!
ENESST Academy's products and services are provided by ENESST Academy, Inc. These Terms of Use ("Terms") govern your use of ENESST Academy's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Using
ENESST Academy
Who May Use our Services?
You may use our Services only if you can form a binding contract with ENESST Academy, and only in compliance with these Terms and all applicable laws. When you create your ENESST Academy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our
policies (including the Acceptable Use Policy, Honor Code, and course-specific
eligibility requirements, and other terms), we grant you a limited, personal,
non-exclusive, non-transferable, and revocable license to use our Services. You
may download content from our Services only for your personal, non-commercial
use, unless you obtain ENESST Academy's written permission to otherwise use the
content. You also agree that you will create, access, and/or use only one user
account, unless expressly permitted by ENESST Academy, and you will not share
with any third party access to or access information for your account. Using
our Services does not give you ownership of any intellectual property rights in
our Services or the content you access.
Content
Offerings
Changes to Content Offerings
ENESST Academy offers courses and
content ("Content Offerings") from universities and other providers
("Content Providers"). While we seek to provide world-class Content
Offerings from our Content Providers, unexpected events do occur. ENESST
Academy reserves the right to cancel, interrupt, reschedule, or modify any
Content Offerings, or change the point value or weight of any assignment, quiz,
or other assessment. Content Offerings are subject to the Disclaimers and
Limitation of Liability sections below.
No Academic Credit
Unless otherwise explicitly indicated
by a credit-granting institution, participation in or completion of Content
Offering does not confer any academic credit. Even if credit is awarded by one
institution, there is no presumption that other institutions will accept that
credit. You agree not to accept credit for completing a Content Offerings
unless you have earned a Course Certificate or other equivalent documentation
of your completion of the Content Offerings. ENESST Academy, instructors, and
the associated Content Providers have no obligation to have Content Offerings
recognized by any educational institution or accreditation organization.
Disclaimer
of Student-Partner Relationship
Except as described in the
Certificate Programs Section below, nothing in these Terms or otherwise with
respect to your participation in any Content Offerings by university or company
partners ("Partners") : (a) establishes any relationship between you
and any Partner; (b) enrolls or registers you in any Partner institution, or in
any Content Offering offered by any Partner institution; or (c) entitles you to
use the resources of any Partner institution beyond participation in the
Content Offering.
Your
Content
User
Content
The Services enable you to share
your content, such as homework, quizzes, exams, projects, other assignments you
submit, posts you make in the forums, and the like ("User Content"),
with ENESST Academy, instructors, and/or other users. You retain all
intellectual property rights in, and are responsible for, the User Content you
share. User Content does not include course content or other materials made
available on or placed on to the ENESST Academy platform by or on behalf of ENESST
Academy’s Content Providers or their instructors using the Services, the
Content Offerings; as between ENESST Academy and its Content Providers, such
Content Offerings are governed by the relevant agreements in place between ENESST
Academy and its Content Providers.
How
ENESST Academy and Others May Use User Content
To the extent that you provide User
Content, you grant ENESST Academy a fully-transferable, royalty-free,
perpetual, sub licensable, non-exclusive, worldwide license to copy,
distribute, modify, create derivative works based on, publicly perform,
publicly display, and otherwise use the User Content. This license includes
granting ENESST Academy the right to authorize Partners to use User Content
with their registered students, on-campus learners, or other learners
independent of the Services. Nothing in these Terms shall restrict other legal
rights ENESST Academy may have to User Content, for example under other
licenses. We reserve the right to remove or modify User Content for any reason,
including User Content that we believe violates these Terms.
Feedback
We welcome your suggestions, ideas,
comments, and other feedback regarding the Services ("Feedback"). By
submitting any Feedback, you grant us the right to use the Feedback without any
restriction or any compensation to you. By accepting your Feedback, ENESST
Academy does not waive any rights to use similar or related Feedback previously
known to ENESST Academy, developed by its employees or contractors, or obtained
from other sources.
Security
We care about the security of our
users. While we work to protect the security of your account and related
information, ENESST Academy cannot guarantee that unauthorized third parties
will not be able to defeat our security measures. Please notify us immediately
of any compromise or unauthorized use of your account by emailing security@enesst.com.
Third Party
Content
Through the Services, you will have
the ability to access and/or use content provided by instructors, other users,
and/or other third parties and links to websites and services maintained by
third parties. ENESST Academy cannot guarantee that such third party content,
in the Services or elsewhere, will be free of material you may find
objectionable or otherwise inappropriate or of malware or other contaminants
that may harm your computer, mobile device, or any files therein. ENESST
Academy disclaims any responsibility or liability related to your access or use
of, or inability to access and use, such third party content.
Copyright
and Trademark Policy
ENESST Academy respects the
intellectual property rights of our users, Content Providers, and other third
parties and expects our users to do the same when using the Services. We have
adopted and implemented the ENESST Academy Copyright and Trademark Policy in
accordance with applicable law.
Education
Research
ENESST Academy is committed to
advancing the science of learning and teaching, and records of your
participation in courses may be used for education research. In the interest of
this research, you may be exposed to variations in the Content Offerings.
Research findings will typically be reported at the aggregate level. Your
personal identity will not be publicly disclosed in any research findings
without your express consent.
Paid
Services from ENESST Academy
ENESST Academy offers paid Services
(e.g., Course Certificates for certain courses) for a fee. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are responsible for paying all
fees charged by or for ENESST Academy and applicable taxes in a timely manner
with a payment mechanism associated with the applicable paid Services. If your
payment method fails or your account is past due, we may collect fees using
other collection mechanisms. Fees may vary based on your location and other
factors, and ENESST Academy reserves the right to change any fees at any time
at its sole discretion. Any change, update, or modification will be effective
immediately upon posting through the relevant Services. Refunds may be
available for paid Services as described in our Refund Policy. Degree and Professional
Certificate Programs .The Services may allow you to enroll in degree and Professional
Certificate Programs offered by our university partners on the ENESST Academy
Platform. ENESST Academy’s university partners serve as the distance education
providers of these programs and determine admissions, refund, and graduation or
completion policies and requirements. Nothing in these Terms shall restrict the
applicability to you of any institutional policies established by our
university partner in connection with these programs (e.g., student codes of
conduct); such policies shall supplement these Terms and to the extent there is
a conflict between such policies and these Terms, as between you and our
university partner, our university partner’s policies shall govern.
Modifying
and Terminating our Services
We are constantly changing and
improving our Services. We may add or remove functions, features, or
requirements, and we may suspend or stop part of our Services altogether.
Accordingly, ENESST Academy may terminate your use of any Service for any
reason. If your use of a paid Service is terminated, a refund may be available
under our Refund Policy. We may not be able to deliver the Services to certain
regions or countries for various reasons, including due to applicable export control
requirements or internet access limitations and restrictions from governments.
None of ENESST Academy, its Content Providers and instructors, its
contributors, sponsors, and other business partners, and their employees,
contractors, and other agents (the "ENESST Academy Parties") shall
have any liability to you for any such action. You can stop using our Services
at any time, although we'll be sorry to see you go.
Disclaimers
THE SERVICES AND ALL INCLUDED
CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. THE ENESST ACADEMY PARTIES SPECIFICALLY
DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. THE ENESST ACADEMY PARTIES FURTHER DISCLAIM
ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY
RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE
SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation
of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE ENESST ACADEMY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,
GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF
ANY PARTY OTHER THAN THE APPLICABLE ENESST ACADEMY PARTY, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED
ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ENESST
ACADEMY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED
TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY ENESST
ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS,
WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE
REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ENESST
ACADEMY PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ENESST
ACADEMY'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY
FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION
RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to indemnify, defend, and
hold harmless the ENESST Academy Parties from any and all claims, liabilities,
expenses, and damages, including reasonable attorneys' fees and costs, made by
any third party related to: (a) your use or attempted use of the Services in
violation of these Terms; (b) your violation of any law or rights of any third
party; or (c) User Content, including without limitation any claim of
infringement or misappropriation of intellectual property or other proprietary
rights.
Governing
Law and Jurisdiction
The Services are managed by ENESST
Academy, which is located in Kenya. You agree that any dispute related to these
Terms will be governed by the laws of the Kenya, excluding its conflicts of law
provisions. You further consent to the personal jurisdiction of and exclusive
venue in the federal and state courts located in and serving Kenya as the legal
forum for any such dispute.
Excluding claims for injunctive or
other equitable relief, for claims related to the Services where the total
amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either
you or ENESST Academy may elect at any point during the dispute to resolve the
claim through binding, non-appearance-based arbitration. The dispute will then
be resolved using an established alternative dispute resolution
("ADR") provider, mutually agreed upon by you and ENESST Academy. The
parties and the selected ADR provider shall not involve any personal appearance
by the parties or witnesses, unless otherwise mutually agreed by the parties;
rather, the arbitration shall be conducted, at the option of the party seeking
relief, online, by telephone, or via written submissions alone. Any judgment
rendered by the arbitrator may be entered in any court of competent jurisdiction.
General
Terms
Revisions
to the Terms
We reserve the right to revise the
Terms at our sole discretion at any time. Any revisions to the Terms will be
effective immediately upon posting by us. For any material changes to the
Terms, we will take reasonable steps to notify you of such changes, via a
banner on the website, email notification, another method, or combination of
methods. In all cases, your continued use of the Services after publication of
such changes, with or without notification, constitutes binding acceptance of
the revised Terms.
Severability;
Waiver
If it turns out that a particular
provision of these Terms is not enforceable, this will not affect any other
terms. If you do not comply with these Terms, and we do not take immediate action,
this does not indicate that we relinquish any rights that we may have (such as
taking action in the future).
Content
Providers
ENESST Academy's Content Providers,
and integrated services providers are third party beneficiaries of the Terms
and may enforce those provisions of the Terms that relate to them.