Terms of Service

Updated May 14, 2020
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Terms and Conditions. Information about LearnFlo

This platform is operated by LearnFlo Ltd Company No. 12599498, Registered Office Address at 114-126 Westmoore St Charlton, London, United Kingdom, SE7 8NQ, contact email hello@LearnFlo.co.uk or visit our “contact us” page on www.learnflo.co.uk. The LearnFlo Platform includes the following:
LearnFlo Student Portal
– Registration Form to Apply for a Training Program with our clients, which may be an independent training provider, a college, university or any other organisation who may have engaged with us for the purposes of using our products and services to provide you with a service once a learner has registered on LearnFlo, they gain access to their course information through the Student portal. Courses hosted within LearnFlo LMS can be taken directly from the student portal and courses hosted elsewhere will only have access information as provided by the trainer or training organisation.
LearnFlo Admin Portal
– The system that enables our clients which may be independent training providers and their staff, a college, university or any other organisation which may have engaged with us for the purpose of using our products and service to provider you with a servide. LearnFlo Admin Portal can be used to create and publish courses, mark attendance, provide feedback and manage the administration of the program..
Status of these terms and conditions and updates
These terms and conditions, form a legally binding agreement between you and LearnFlo in relation to your use of LearnFlo. By using the LearnFlo, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the LearnFlo website. This version of the LearnFlo terms and conditions supersedes all prior, written or oral understandings or agreements and applies to the exclusion of any other terms or conditions that you may seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing. We may update these terms and conditions from time to time. Any changes to these terms and conditions will be displayed on the LearnFlo website and your continued use of the website indicates your agreement to these changes. Accordingly, please check this page from time to time to take notice of any changes we made, as they will be binding on you. Any changes to specific trainer terms will be notified by email to the trainer. Access to the LearnFlo website and LearnFlo’s liability Although LearnFlo makes reasonable efforts to update the information on the LearnFlo website, LearnFlo makes no representations, warranties or guarantees that the content on the LearnFlo website is accurate, complete or up-to-date. LearnFlo does not guarantee that the LearnFlo website, or any content on it, will always be available or be uninterrupted. Access to the LearnFlo website is permitted on a temporary basis. LearnFlo may suspend, withdraw, discontinue or change all or any part of the LearnFlo website without notice. LearnFlo will not be liable to you if for any reason the LearnFlo website is unavailable at any time or for any period. You are responsible for ensuring that all persons who access the LearnFlo website through your internet connection are aware of these terms and conditions and that they comply with them. Nothing in these terms and conditions excludes or limits LearnFlo’s liability for death or personal injury arising from LearnFlo’s negligence, or LearnFlo’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. To the extent permitted by law, LearnFlo excludes all conditions, warranties, representations or other terms which may apply to the LearnFlo website or any content on it, whether express or implied. LearnFlo will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use, the LearnFlo website; or • use of or reliance on any content displayed on the LearnFlo website. If you are a business user and you purchase a product on the LearnFlo website then (subject always to the provisions above and below) LearnFlo’s total liability to you will be limited to the total amount paid by you for the product. If you are a business user and you sell a product on the LearnFlo website, LearnFlo’s total liability to you will be limited to the amount of commission payable by you to us. If you are a consumer user then (subject always to the provisions above and below) LearnFlo will be responsible for loss or damage you suffer that is a foreseeable result of LearnFlo’s negligence or breach of these terms and conditions, but LearnFlo will not be responsible for any loss or damage that is not foreseeable. LearnFlo will not be liable for: • loss of data (as it is your responsibility to back-up and keep copies of all data you submit to the LearnFlo website); • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss of business opportunity, goodwill or reputation; or • any indirect or consequential loss or damage. LearnFlo will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the LearnFlo website or to your downloading of any content on it, or on any website linked to it. LearnFlo assumes no responsibility for the content of websites linked on the LearnFlo site. Such links should not be interpreted as endorsement by LearnFlo of those linked websites. LearnFlo will not be liable for any loss or damage that may arise from your use of them. Product descriptions and images displayed on the LearnFlo website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between users and trainers and/or LearnFlo. No responsibility or liability is assumed by LearnFlo for the information, service and/or products being suitable for the purpose of the user. If you are a consumer, advice about your legal rights is available from your local Trading Standards office. Nothing in these terms and conditions will affect these legal rights. Intellectual property LearnFlo Marketplace platform that allows learners purchase courses from trainers and as such, courses published by trainers remain the property of such trainer. In such cases that LearnFlo develops content for a trainer, a separate copyright agreement will be agreed with such trainer. Viruses LearnFlo does not guarantee that the LearnFlo website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the LearnFlo website. You should use your own virus protection software. You must not misuse the LearnFlo website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the LearnFlo website, the server on which it is stored or any server, computer or database connected to the LearnFlo website. You must not attack the LearnFlo website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. Uploading Content You may upload your content to the LearnFlo Website, provided you do so in a way that is fair and legal and does not damage LearnFlo’s reputation or take advantage of it. LearnFlo reserves the right to remove uploaded courses without notice. Where the LearnFlo course content contains links to other sites and resources provided by third parties, these links are provided for your information only. LearnFlo has no control over the contents of those sites or resources. Governing law and jurisdiction These terms and conditions shall be governed by and read in accordance with the laws of Nigeria and shall be subject to the exclusive jurisdiction of the courts of Nigeria. If you require a copy of these terms and conditions in a printable document you can request a copy by contacting one of our customer advisors by emailing hello@LearnFlo.co.uk Additional terms relating to the use of LearnFlo Website Sections in this document apply as follows:Section 1 – All registered users Section 2 – Learners Section 3 – Trainers

Section 1 – All Registered Users

To register with the LearnFlo website you must be 18 years of age or over and must provide a valid email address and accurate information about yourself. At our discretion we may refuse a username if it is inappropriate for any reason, e.g. a trademark or is offensive. If we notice that any information given by you is untrue or inaccurate we have the right to delete your registration without notice, at any time. Your personal information is subject to our Privacy Policy. You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organisation you must be authorised to represent that organisation. If you find that there has been unauthorised use of your account you agree to notify LearnFlo immediately. You must not interfere or disorder any aspect of the LearnFlo website and e-commerce system. In agreeing to these terms and conditions you agree to: • Treat other users of the LearnFlo website with respect and courtesy, ensuring that your use complies with their legal rights • Keep information provided by, or on behalf of LearnFlo in your possession and not supply it to any third party In agreeing to these terms and conditions you understand that LearnFlo does not own, control, quality assure accuracy of content or endorse products for sale on LearnFlo marketplace. LearnFlo disclaims all responsibility and liability for the information and products displayed on and sold through the website, including accuracy, legality, content and reliability. As LearnFlo does not buy or sell the trainer’s products, both learners and trainers understand and agree that if disputes arise between them that LearnFlo is not responsible or liable for any losses, claims, damages, costs or demands of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed arising from such disputes. Users of the site understand and agree that any feedback and ratings they post to the LearnFlo website will be publicly available for viewing. LearnFlo is not responsible for monitoring, checking or editing the feedback or ratings posted on the website and is not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and LearnFlo will investigate the claim. It will be at the discretion of LearnFlo as to whether the feedback should be removed. Links to external websites on the LearnFlo website are not under the control of LearnFlo and therefore the content and operation of such linked sites are not their responsibility. You can close your account at any time and for any reason by notifying us using the contact form. Once your account has been closed you will need to re-register to sell or purchase products.

Section 2 – Learners

Programs/Courses displayed through the LearnFlo website are not owned by LearnFlo, but remain the property of our client which may be an independent training provider, a college, university or any other organisation who may have engaged with us for the purposes of using our products and services to provide you with a service (on whose behalf LearnFlo acts as agent). Your contract will be with the third party supplier, not LearnFlo. Programs and courses displayed are provided on an ‘as is’ basis and no warranties or guarantees are offered by LearnFlo. A legally binding contract will be formed between you and the supplier of the product when you have confirmed your order, LearnFlo has confirmed that the training provider will provide the program/course as advertised. LearnFlo does not guarantee any specific outcomes as a result of you taking a course from the website.

Section 3 – Trainers

As a Trainer (individual trainer or training company) you can deliver your courses via three main delivery channels: 1. Classroom – a physical classroom course with a stated venue, date and time 2. Live Online – using a video conferencing tool within LearnFlo to train learners at over specified dates and time. The trainer will be required to have their video enable so that their learners can see them 3. Elearning – fully hosted video based course on LearnFlo (immediate access courses) or a course hosted on a 3rd party platform with adequate licence authority (one day access courses). Elearning courses may be SCORM compliant or not. It is the trainers responsibility to ensure that the learner or buyer is aware of the type of elearning course being purchased As a trainer you agree to appoint LearnFlo as your non-exclusive agent to display, market and sell products that are owned by or licensed to you; you warrant that you are the original author and own the copyright of the product and therefore have the right to sell the products or that you are a licensee with sufficient authority to do so. In agreeing to these terms and conditions you agree that in selling products through the LearnFlo website you are not infringing any legal or intellectual property rights * of any third party and you agree to indemnify and hold harmless LearnFlo from and against all losses, damages, costs and expenses suffered or incurred by LearnFlo as a result of or in connection with any intellectual property infringement claim brought or threatened by any third party. LearnFlo has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the products LearnFlo displays, markets and sells on behalf of third parties. Products displayed and sold through the LearnFlo website remain the property of the trainer. The trainer has sole responsibility and control of their products, including risk of loss. As an LearnFlo trainer you agree to the publication of feedback and ratings about your products, even though the feedback may be critical, insulting or defamatory and you waive all rights against LearnFlo in respect of any liability in connection with the publication of defamatory comments about you or your organisation. Should a registered user post inappropriate, untrue or dishonest comments about you or your products you should use the contact form on the website to report them and LearnFlo will investigate your claim. It will be at the discretion of LearnFlo as to whether the feedback should be removed. Please note that LearnFlo will not monitor feedback posted on the LearnFlo website. You, the trainer, will provide the required information for your products as required by LearnFlo in the LMS when publishing your course. You must ensure that the information you provide is accurate, complete and not misleading. You are solely responsible for setting the price of your products and any discounts attributed to those products. However, LearnFlo requires that you price your products for no more than they are advertised elsewhere online. If an LearnFlo buyer locates the exact same product at a lower price you will be required to sell your product on the LearnFlo website for the lower price to that buyer. Also responsibility lies with you the trainer to define any applicable duration for access to your products, should these be delivered through your own online system. You are solely responsible for the process, format and expense of delivery of your products through your own systems. Downloadable products will be available to the purchaser for a month following their purchase. You give LearnFlo, as your agent, the authority to collect the value of all purchases of your products made through the LearnFlo on your behalf. You agree to pay LearnFlo an agreed upon commission on the sale of your products sold through LearnFlo, calculated as a percentage of the total net price of your product plus applicable taxes. You may withdraw any of your programs/courses from the LearnFlo website by providing LearnFlo with 30 days written notice; however you are required to fulfil any commitments that have been made to your learners

Section 3a – Trainer Rules

You must: • When publishing a course for sale accurately complete the course information details on LearnFlo LMS • Following notification of a sale of an online course delivered by your organisation respond to requests from LearnFlo for user access details to the course within one working day • Ensure that all submitted products comply with applicable laws and are not copied or duplicated in any format • When publishing a classroom course, you must ensure that registered student are notified of any date or venue changes for the course within 7 days of the course start date. • Ensure that course materials are available for classroom courses at the start of a course • Ensure that the course venue is conducive to learners You are prohibited to: • In any communication with LearnFlo users you must not include advertisements, marketing messages or “calls to action” that encourage customers away from the LearnFlo website and keep the communication limited to details around support of your product • Misuse the ratings and feedback forum. Do not include inappropriate comments or personal information about any user or supplier in feedback. * including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names, trademarks and any other similar protected rights in any country.