Terms of Use
These Terms of Use ("Terms") were
last updated on 10.01 2021
CIFA’s goal is to inspire people to enhance
their lives through learning and career enhancing professional development. We
enable anyone anywhere to create and share educational courses (instructors)
and to enrol in these educational courses and certification programs to learn
(students).
CIFA consider our educational platform the best
way to offer valuable educational content to our users. We have in place rules
to maintain the integrity of our platform to keep services safe for you, us and
our student and instructor community. These Terms apply to all your activities
on the CIFA website, the CIFA mobile applications, our APIs and other related
services (“Services”).
If you publish a course on the CIFA platform,
you must also agree to the Instructor Terms. We also provide details regarding
our processing of personal data of our students and instructors in our Privacy
Policy.
You need to create an account for most
activities on our platform, including to purchase and enrol in a course or to
submit a course to be made available to members of the public. When setting up
and maintaining your account, you must provide and continue to provide accurate
and complete information, including a valid email address. You have complete
responsibility for your account and everything that happens on your account,
including for any harm or damage (to us or anyone else) caused by someone using
your account without your permission. This means you need to be careful with your
password and security. You may not transfer your account to someone else or use
someone else’s account. If you contact us to request access to an account, we
will not grant you such access unless you can provide us with the information
that we need to prove you are the owner of that account. In the event of the
death of a user, the account of that user will be closed.
You should not share your account login
credentials with anyone else. You are entirely responsible for what happens
with your account and the CIFA will not intervene in disputes between students
or instructors who have shared account login credentials. You must notify us
immediately upon learning that someone else may be using your account without
your permission (or if you suspect any other breach of security) by contacting
our Support Team. We will request further information from you to confirm and
validate that you are indeed the owner of your account.
All Students and instructors must be at least
18 years of age to create an account on the CIFA platform to use our Services.
If you are younger than 18 but above the required age for consent to use online
services where you live (for example, 13 in the US or 16 in Ireland), you may
not set up an account, but we encourage you to invite a parent or guardian to
open an account and help you enrol in courses that are appropriate for you. If
you are below this age of consent to use online services, you may not create a CIFA
account. If we discover that you have created an account that violates these
rules, we will terminate your account. Under our Instructor Terms, you may be
requested to verify your identity before you are authorised to submit a course
for publication on our Platform.
Under our Instructor Terms, when instructors publish
a course on CIFA, they grant CIFA a license to offer a license to the course to
students. This means that we have the right to sublicense the course to the
students who enrol in the course. As a student, when you enrol in a course,
whether it’s a free or paid course, you are getting a license from CIFA to view
the course via the CIFA platform and Services, and CIFA is the licensor of
record. Courses are licensed, and not sold, to you. This license does not give
you any right to resell the course in any manner (including by sharing account
information with a purchaser or illegally downloading the course and sharing it
on torrent sites).
In legal, more complete terms, CIFA grants
you (as a student) a limited, non-exclusive, non-transferable license to access
and view the courses and associated content for which you have paid all
required fees, solely for your personal, non-commercial, educational purposes
through the Services, in accordance with these Terms and any conditions or
restrictions associated with a particular courses or feature of our Services.
All other uses are expressly prohibited. You may not reproduce, redistribute,
transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit,
create derivative works of, sublicense, or otherwise transfer or use any course
unless we give you explicit permission to do so in a written agreement signed
by a CIFA authorised representative. This also applies to content you
can access via any of our APIs.
We reserve the right to revoke any license to
access and use courses at any point in time in the event where we decide or are
obligated to disable access to a course due to legal or policy reasons, for
example, if the course you enrolled in is the object of a copyright complaint,
or if we determine its content violates our Trust & Safety Guidelines. The
access is not applicable to add-on features and services associated with a
course. For example, translation captions of courses may be disabled by
instructors at any time, and instructors may decide at any time to no longer
provide teaching assistance or Q&A services in association with a course.
To be clear, the access is to the course content but not to the instructor.
Instructors may not grant licenses to their
courses to students directly, and any such direct license shall be null and
void and a violation of these Terms.
Payments, Credits, and Refunds
When you make a payment, you agree to use a
valid payment method. If you aren’t happy with your course, CIFA offers a 7-day
refund or credit for most course purchases that have been provided by
independent instructors utilizing the CIFA platform.
Should you purchase a CIFA Certification
program for professional development authored by one of our professional course
and certification writers, we have a standard 7-day refund policy based on the
access and usage of your course online. If you have accessed the study support
area for your programme then you have no right to refund. If your study log and
usage exceeds 4 hours within this 7-day period no refund will be given if this
is within the agreed 7-days.
Upon purchase and delivery of study manuals
there is a no returns and no refund policy.
Pricing
The prices of courses on CIFA are determined
based on the terms of the Instructor Terms and our Promotions Policy. In some
instances, the price of a course offered on the CIFA website may not be exactly
the same as the price offered on our mobile or TV applications, due to mobile
platform providers’ pricing systems and their policies around implementing
sales and promotions.
We regularly run promotions and sales for our
courses and certain courses are only available at discounted prices for a set
period of time. The price applicable to a course will be the price at the time
you complete your purchase of the course (at checkout). Any price offered for a
particular course may also be different when you are logged into your account
from the price available to users who aren’t registered or logged in, because
some of our promotions are available only to new users.
If you are logged into your account, the
listed currency you see is based on your location when you created your
account. If you are not logged into your account, the price currency is based
on the country where you are located.
Payments
You agree to pay the fees for courses that
you purchase, and you authorize us to charge your debit or credit card or
process other means of payment (such as Boleto, SEPA, direct debit, or mobile
wallet) for those fees. CIFA works with third party payment processing partners
to offer you the most convenient payment methods in your country and to keep
your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to
use an invalid or unauthorised payment method. If your payment method fails and
you still get access to the course you are enroling in, you agree to pay us the
corresponding fees within thirty (30) days of notification from us. We reserve
the right to disable access to any course for which we have not received
adequate payment.
Refunds and Refund Credits
If the course you purchased is not what you
were expecting, you can request, within 7 days of your purchase of the course,
that CIFA apply a refund to your account. We reserve the right to apply your
refund as a refund credit or a refund to your original payment method, at our
discretion, depending on capabilities of our payment processing partners, the
platform from which you purchased your course (website, mobile or TV app), and
other factors. No refund is due to you if you request it after the 7-day
guarantee time limit has passed. However, if a course you previously purchased
is disabled for legal or policy reasons, you are entitled to a refund beyond
this 7-day limit. CIFA also reserves the right to refund students beyond the 7-day
limit in cases of suspected or confirmed account fraud.
To request a refund, follow the steps here.
As detailed in the Instructor Terms, instructors agree that students have the
right to receive these refunds.
If we decide to issue refund credits to your
account, they will be automatically applied towards your next course purchase
on our website, but can’t be used for purchases in our mobile or TV
applications. Refund credits may expire if not used within the specified
period, and have no cash value, in each case unless otherwise required by
applicable law.
At our discretion, if we believe you are
abusing our refund policy, such as if you’ve consumed a significant portion of
a course that you want to refund or if you’ve previously refunded a course, we
reserve the right to deny your refund, ban your account, and/or restrict all
future use of the Services. If we ban your account or disable your access to a
course due to your violation of these Terms or our Trust & Safety
Guidelines, you will not be eligible to receive a refund.
Gift and Promotional Codes
CIFA or our partners may offer gift and
promotional codes to students. Certain codes may be redeemed for gift or
promotional credits applied to your CIFA account, which then may be used to
purchase eligible courses on our platform, subject to the terms included with
your codes. Other codes may be directly redeemable for specific courses. Gift
and promotional credits can’t be used for purchases in our mobile or TV applications.
These codes and credits, as well as any
promotional value linked to them, may expire if not used within the period
specified in your CIFA account. Gift and promotional codes offered by CIFA may
not be refunded for cash, unless otherwise specified in the terms included with
your codes or as required by applicable law. Gift and promotional codes offered
by a partner are subject to that partner’s refund policies. If you have
multiple saved credit amounts, CIFA may determine which of your credits to
apply to your purchase. Check out our Support Page and any terms included with
your codes for more details.
Content and Behavior Rules
You can only use CIFA for lawful purposes.
You’re responsible for all the content that you post on our platform. You
should keep the reviews, questions, posts, courses and other content you upload
in line with our Trust & Safety Guidelines and the law, and respect the
intellectual property rights of others. We can ban your account for repeated or
major offenses. If you think someone is infringing your copyright on our
platform, let us know.
You may not access or use the Services or
create an account for unlawful purposes. Your use of the Services and behavior
on our platform must comply with applicable local or national laws or
regulations of your country. You are solely responsible for the knowledge of
and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you
to ask questions to the instructors of courses you are enroled in, and to post
reviews of courses. For certain courses, the instructor may invite you to
submit content as “homework” or tests. Don’t post or submit anything that is
not yours.
If you are an instructor, you can submit
courses for publication on the platform and you can also communicate with the
students who have enroled in your courses. In both cases, you must abide by the
law and respect the rights of others: you cannot post any course, question,
answer, review or other content that violates applicable local or national laws
or regulations of your country. You are solely responsible for any courses,
content, and actions you post or take via the platform and Services and their
consequences. Make sure you understand all the copyright restrictions set forth
in the Instructor Terms before you submit any course for publication on CIFA.
If we are put on notice that your course or
content violates the law or the rights of others (for example, if it is
established that it violates intellectual property or image rights of others,
or is about an illegal activity), if we discover that your content or behavior
violates our Trust & Safety Guidelines, or if we believe your content or
behavior is unlawful, inappropriate, or objectionable (for example if you
impersonate someone else), we may remove your content from our platform. CIFA
complies with copyright laws. Check out our Intellectual Property Policy for
more details.
CIFA has discretion in enforcing these Terms
and our Trust & Safety Guidelines. We may terminate or suspend your
permission to use our platform and Services or ban your account at any time,
with or without notice, for any or no reason, including for any violation of
these Terms, if you fail to pay any fees when due, upon the request of law
enforcement or government agencies, for extended periods of inactivity, for
unexpected technical issues or problems, or if we suspect that you engage in
fraudulent or illegal activities, or for any other reason in our sole
discretion. Upon any such termination we may delete your account and content,
and we may prevent you from further access to the platforms and use of our
Services. Your content may still be available on the platforms even if your
account is terminated or suspended. You agree that we will have no liability to
you or any third party for termination of your account, removal of your content,
or blocking of your access to our platforms and services.
If one of our instructors has published a
course that infringes your copyright or trademark rights, please let us know.
Our Instructor Terms require our instructors to follow the law and respect the
intellectual property rights of others. For more details on how to file a
copyright or trademark infringement claim with us, see our Intellectual
Property Policy.
CIFA’s Rights to Content You Post
You retain ownership of content you post to
our platform, including your courses. We’re allowed to share your content to
anyone through any media, including promoting it via advertising on other
websites.
The content you post as a student or
instructor (including courses) remains yours. By posting courses and other
content, you allow CIFA to reuse and share it but you do not lose any ownership
rights you may have over your content. If you are an instructor, be sure to
understand the course licensing terms that are detailed in the Instructor
Terms.
When you post content, comments, questions,
reviews, and when you submit to us ideas and suggestions for new features or
improvements, you authorize CIFA to use and share this content with anyone,
distribute it and promote it on any platform and in any media, and to make
modifications or edits to it as we see fit.
In legal language, by submitting or posting
content on or through the platforms, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce, process,
adapt, modify, publish, transmit, display, and distribute your content
(including your name and image) in any and all media or distribution methods
(existing now or later developed). This includes making your content available
to other companies, organizations, or individuals who partner with CIFA for the
syndication, broadcast, distribution, or publication of content on other media,
as well as using your content for marketing purposes. You also waive any rights
of privacy, publicity, or other rights of a similar nature applicable to all
these uses, to the extent permissible under applicable law. You represent and
warrant that you have all the rights, power, and authority necessary to
authorize us to use any content that you submit. You also agree to all such
uses of your content with no compensation paid to you.
Using CIFA at Your Own Risk
Anyone can use CIFA to create and publish
courses and instructors and we enable instructors and students to interact for
teaching and learning. Like other platforms where people can post content and
interact, some things can go wrong, and you use CIFA at your own risk.
Our platform model means we do not review or
edit the courses for legal issues, and we are not in a position to determine
the legality of course content. We do not exercise any editorial control over
the courses that are available on the platform and, as such, do not guarantee
in any manner the reliability, validity, accuracy, or truthfulness of the
courses. If you enrol in a course, you rely on any information provided by an
instructor at your own risk.
By using the Services, you may be exposed to
content that you consider offensive, indecent, or objectionable. CIFA has no
responsibility to keep such content from you and no liability for your access
or enrolment in any course, to the extent permissible under applicable law.
This also applies to any courses relating to health, wellness, and physical
exercise. You acknowledge the inherent risks and dangers in the strenuous
nature of these types of courses, and by enroling in such courses you choose to
assume those risks voluntarily, including risk of illness, bodily injury,
disability, or death. You assume full responsibility for the choices you make
before, during, and after your enrolment in a course.
When you interact directly with a student or
an instructor, you must be careful about the types of personal information that
you share. While we restrict the types of information instructors may request
from students, we do not control what students and instructors do with the
information they obtain from other users on the platform. You should not share
your email or other personal information about you for your safety.
We are not liable for disputes, claims,
losses, injuries, or damage of any kind that might arise out of or relate to
the conduct of instructors or students.
When you use our Services, you will find
links to other websites that we don’t own or control. We are not responsible
for the content or any other aspect of these third-party sites, including their
collection of information about you. You should also read their terms and
conditions and privacy policies.
CIFA’s Rights
We own the CIFA platform and Services,
including the website, present or future apps and services, and things like our
logos, API, code, and content created by our employees. You can’t tamper with
those or use them without authorization.
All right, title, and interest in and to the
CIFA platform and Services, including our website, our existing or future
applications, our APIs, databases, and the content our employees or partners
submit or provide through our Services (but excluding content provided by
instructors and students) are and will remain the exclusive property of CIFA
and its licensors. Nothing gives you a right to use the CIFA name or any of the
CIFA trademarks, logos, domain names, and other distinctive brand features
unless express consent is given to do so. Any feedback, comments, or
suggestions you may provide regarding CIFA or the Services is entirely voluntary
and we will be free to use such feedback, comments, or suggestions as we see
fit and without any obligation to you.
You may not do any of the following while
accessing or using the CIFA platform and Services:
access, tamper with, or use non-public areas
of the platform (including content storage), CIFA’s computer systems, or the
technical delivery systems of CIFA’s service providers.
disable, interfere with, or try to circumvent
any of the features of the platforms related to security or probe, scan, or
test the vulnerability of any of our systems.
copy, modify, create a derivative work of,
reverse engineer, reverse assemble, or otherwise attempt to discover any source
code of or content on the CIFA platform or Services.
access or search or attempt to access or
search our platform by any means (automated or otherwise) other than through
our currently available search functionalities that are provided via our
website, mobile apps, or API (and only pursuant to those API terms and
conditions). You may not scrape, spider, use a robot, or use other automated
means of any kind to access the Services.
You cannot in any way use these Services to
send altered, deceptive, or false source-identifying information (such as
sending email communications falsely appearing as CIFA); or interfere with, or
disrupt, (or attempt to do so), the access of any user, host, or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the platforms or services, or in any other manner
interfering with or creating an undue burden on the Services.
Miscellaneous Legal Terms
These Terms are like any other contract, and
they have boring but important legal terms that protect us from the countless
things that could happen and that clarify the legal relationship between us and
you.
Binding Agreement
You agree that by registering, accessing, or
using our Services, you are agreeing to enter into a legally binding contract
with CIFA. If you do not agree to these Terms, do not register, access, or
otherwise use any of our Services.
If you are an instructor accepting these
Terms and using our Services on behalf of a company, organization, government,
or other legal entity, you represent and warrant that you are authorised to do
so.
Any version of these Terms in a language
other than English is provided for convenience and you understand and agree
that the English language will control if there is any conflict.
These Terms (including any agreements and
policies linked from these Terms) constitute the entire agreement between you
and us (which include, if you are an instructor, the Instructor Terms and the
Promotions Policy).
If any part of these Terms is found to be
invalid or unenforceable by applicable law, then that provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these Terms will continue
in effect.
Even if we are delayed in exercising our
rights or fail to exercise a right in one case, it doesn’t mean we waive our
rights under these Terms, and we may decide to enforce them in the future. If
we decide to waive any of our rights in a particular instance, it doesn’t mean
we waive our rights generally or in the future.
Disclaimers
It may happen that our platform is down,
either for planned maintenance or because something goes down with the site. It
may happen that one of our instructors is making misleading statements in their
course. It may also happen that we encounter security issues. These are just
examples. You accept that you will not have any recourse against us in any of
these types of cases where things don’t work out right. In legal, more complete
language, the Services and their content are provided on an “as is” and “as
available” basis. We (and our affiliates, suppliers, partners, and agents) make
no representations or warranties about the suitability, reliability,
availability, timeliness, security, lack of errors, or accuracy of the Services
or their content, and expressly disclaim any warranties or conditions (express
or implied), including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. We (and our affiliates,
suppliers, partners, and agents) make no warranty that you will obtain specific
results from use of the Services. Your use of the Services (including any
content) is entirely at your own risk. Some jurisdictions don’t allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to you.
We may decide to cease making available
certain features of the Services at any time and for any reason. Under no
circumstances will CIFA or its affiliates, suppliers, partners or agents be
held liable for any damages due to such interruptions or lack of availability
of such features.
We are not responsible for delay or failure
of our performance of any of the Services caused by events beyond our
reasonable control, like an act of war, hostility, or sabotage; natural
disaster; electrical, internet, or telecommunication outage; or government
restrictions.
Limitation of Liability
There are risks inherent to using our
Services, for example, if you enrol in a health and wellness course like yoga,
and you injure yourself. You fully accept these risks and you agree that you
will have no recourse to seek damages against CIFA even if you suffer loss or
damage from using our platform and Services. In legal, more complete language,
to the extent permitted by law, we (and our group companies, suppliers,
partners, and agents) will not be liable for any indirect, incidental,
punitive, or consequential damages (including loss of data, revenue, profits,
or business opportunities, or personal injury or death), whether arising in
contract, warranty, tort, product liability, or otherwise, and even if we’ve
been advised of the possibility of damages in advance. Our liability (and the
liability of each of our group companies, suppliers, partners, and agents) to
you or any third parties under any circumstance is limited to the greater of
one hundred pounds sterling (£100) or the amount you have paid us in the twelve
(12) months before the event giving rise to your claims. Some jurisdictions
don’t allow the exclusion or limitation of liability for consequential or
incidental damages, so some of the above may not apply to you.
Indemnification
If you behave in a way that gets us in legal
trouble, we may exercise legal recourse against you. You agree to indemnify,
defend (if we so request), and hold harmless CIFA, our group companies, and
their officers, directors, suppliers, partners, and agents from an against any
third-party claims, demands, losses, damages, or expenses (including reasonable
attorney fees) arising from (a) the content you post or submit, (b) your use of
the Services (c) your violation of these Terms, or (d) your violation of any
rights of a third party. Your indemnification obligation will survive the
termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
When these Terms mention “CIFA,” they’re
referring to the CIFA entity that you’re contracting with. If you’re a student,
your contracting entity and governing law will generally be determined based on
your location.
Legal Actions and Notices
No action, regardless of form, arising out of
or relating to this Agreement may be brought by either party more than one (1)
year after the cause of action has accrued, except where this limitation cannot
be imposed by law.
Any notice or other communication to be given
hereunder will be in writing and given by registered or certified mail return
receipt requested, or email (by us to the email associated with your account or
by you to info@cifa.ac
Relationship Between Us
You and we agree that no joint venture,
partnership, employment, contractor, or agency relationship exists between us.
No Assignment
You may not assign or transfer these Terms
(or the rights and licenses granted under them). For example, if you registered
an account as an employee of a company, your account cannot be transferred to
another employee. We may assign these Terms (or the rights and licenses granted
under them) to another company or person without restriction. Nothing in these
Terms confers any right, benefit, or remedy on any third-party person or
entity. You agree that your account is non-transferable and that all rights to
your account and other rights under these Terms terminate upon your death.
Dispute Resolution
If there’s a dispute, our Support Team is
happy to help resolve the issue. If that doesn’t work and you live in the
United States or Canada, your options are to go to small claims court or bring
a claim in binding arbitration; you may not bring that claim in another court
or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only
if you live in the United States or Canada. Most disputes can be resolved, so
before bringing a formal legal case, please first try contacting our Support
Team.
Going to Arbitration
If we can’t resolve our dispute amicably, you
and CIFA agree to resolve any claims related to these Terms (or our other legal
terms) through final and binding arbitration, regardless of the type of claim
or legal theory. If one of us brings a claim in court that should be arbitrated
and the other party refuses to arbitrate it, the other party can ask a court to
force us both to go to arbitration (compel arbitration). Either of us can also
ask a court to halt a court proceeding while an arbitration proceeding is
ongoing.
Updating These Terms
From time to time, we may update these Terms
to clarify our practices or to reflect new or different practices (such as when
we add new features), and CIFA reserves the right in its sole discretion to
modify and/or make changes to these Terms at any time. If we make any material
change, we will notify you using prominent means, such as by email notice sent
to the email address specified in your account or by posting a notice through
our Services. Modifications will become effective on the day they are posted
unless stated otherwise.
Your continued use of our Services after
changes become effective shall mean that you accept those changes. Any revised
Terms shall supersede all previous Terms.
How to Contact Us
The best way to get in touch with us is to
contact our Support Team. We’d love to hear your questions, concerns, and
feedback about our Services.
Thanks for teaching and learning with us!
Instructor Terms
These Instructor Terms were last updated
10/01, 2021.
When you sign up to become an instructor on
the CIFA platform, you agree to abide by these Instructor Terms
("Terms"). These Terms cover details about the aspects of the CIFA
platform relevant to instructors and are incorporated by reference into our
Terms of Use, the general terms that govern your use of our Services. Any
capitalized terms that aren't defined in these Terms are defined as specified
in the Terms of Use.
As an instructor, you are contracting
directly with CIFA Education Management LTD.
1. Instructor Obligations
As an instructor, you are responsible for all
content that you post, including lectures, quizzes, coding exercises, practice
tests, assignments, resources, answers, course landing page content, and
announcements ("Submitted Content").
You represent and warrant that:
you will provide and maintain accurate
account information;
you own or have the necessary licenses,
rights, consents, permissions, and authority to authorize CIFA to use your
Submitted Content as specified in these Terms and the Terms of Use;
your Submitted Content will not infringe or
misappropriate any third party's intellectual property rights;
you have the required qualifications,
credentials, and expertise (including education, training, knowledge, and skill
sets) to teach and offer the services that you offer through your Submitted
Content and use of the Services; and
you will ensure a quality of service that
corresponds with the standards of your industry and instruction services in
general.
You warrant that you will not:
post or provide any inappropriate, offensive,
racist, hateful, sexist, pornographic, false, misleading, incorrect,
infringing, defamatory or libelous content or information;
post or transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, or any other
form of solicitation (commercial or otherwise) through the Services or to any
user;
use the Services for business other than
providing tutoring, teaching, and instructional services to students;
engage in any activity that would require us
to obtain licenses from or pay royalties to any third party, including the need
to pay royalties for the public performance of a musical work or sound
recording;
frame or embed the Services (such as to embed
a free version of a course) or otherwise circumvent the Services;
impersonate another person or gain
unauthorized access to another person's account;
interfere with or otherwise prevent other
instructors from providing their services or courses; or
abuse CIFA resources, including support
services.
License to CIFA
You grant CIFA the rights detailed in the
Terms of Use to offer, market, and otherwise exploit your Submitted Content,
and to sublicense it to students for these purposes directly or through third
parties. This includes the right to add captions or otherwise modify content to
ensure accessibility.
Unless otherwise agreed (including within our
Promotions Policy), you have the right to remove all or any portion of your
Submitted Content from the Services at any time. Except as otherwise agreed, CIFA's
right to sublicense the rights in this section will terminate with respect to
new users 60 days after the Submitted Content's removal. However, (1) rights
given to students before the Submitted Content's removal will continue in
accordance with the terms of those licenses (including any grants of lifetime
access) and (2) CIFA's right to use such Submitted Content for marketing
purposes shall survive termination.
We may record all or any part of your Submitted
Content for quality control and for delivering, marketing, promoting,
demonstrating, or operating the Services. You grant CIFA permission to use your
name, likeness, voice, and image in connection with offering, delivering,
marketing, promoting, demonstrating, and selling the Services, your Submitted
Content, or CIFA's content, and you waive any rights of privacy, publicity, or
other rights of a similar nature, to the extent permissible under applicable
law.
Trust & Safety Policies
You agree to abide by CIFA's Trust &
Safety policies, Restricted Topics policy, and other course quality standards
or policies prescribed by CIFA from time to time. You should check these
policies periodically to ensure that you comply with any updates to them. You
understand that your use of the Services is subject to CIFA's approval, which
we may grant or deny at our sole discretion.
We reserve the right to remove courses,
suspend payouts, and/or ban instructors for any reason at any time, without
prior notice, including in cases where:
an instructor or course does not comply with
our policies or legal terms (including the Terms of Use);
a course falls below our quality standards or
has a negative impact on the student experience;
an instructor engages in behavior that might
reflect unfavorably on CIFA or bring CIFA into public disrepute, contempt,
scandal, or ridicule;
an instructor engages the services of a
marketer or other business partner who violates CIFA's policies; or
as determined by CIFA in its sole discretion.
Co-Instructors and Teaching Assistants
The CIFA platform allows you to add other
users as co-instructors or teaching assistants for courses that you manage. By
adding a co-instructor or teaching assistant, you understand that you are
authorizing them to take certain actions that affect your CIFA account and
courses. CIFA is not able to advise on any questions or mediate any disputes
between you and such users. If your co-instructors have an assigned revenue
share, their share will be paid out of your earned revenue share based on the
ratios you have specified in your Course Management settings as of the date of
the purchase.
Relationship to Other Users
Instructors don't have a direct contractual
relationship with students, so the only information you'll receive about
students is what is provided to you through the Services. You agree that you
will not use the data you receive for any purpose other than providing your
services to those students on the CIFA platform, and that you won't solicit
additional personal data or store students' personal data outside the CIFA
platform. You will indemnify CIFA against any claims arising from your use of
students' personal data.
Anti-Piracy Efforts
We partner with anti-piracy vendors to help
protect your courses from unauthorized use. To enable this protection, you
hereby appoint CIFA and our anti-piracy vendors as your agents for the purpose
of enforcing copyrights for each of your courses, through notice and takedown
processes (under applicable copyright laws like the Digital Millennium
Copyright Act) and for other efforts to enforce those rights. You grant CIFA
and our anti-piracy vendors primary authority to file notices on your behalf to
enforce your copyright interests.
You agree that CIFA and our anti-piracy
vendors will retain the above rights unless you revoke them by sending an email
to info@CIFA.com with the subject line: "Revoke Anti-Piracy Protection
Rights" from the email address associated with your account. Any
revocation of rights will be effective 48 hours after we receive it.
Pricing
Price Setting when creating a course, you
will be prompted to select a base price ("Base Price") for your
course from a list of available price tiers. Alternatively, you may choose to
offer your course for free. As a premium instructor, you will also be given the
opportunity to participate in certain promotional programs under the terms of
our Promotions Policy ("Promotional Programs").
If you do not opt to participate in any
Promotional Programs, we will list your course for the Base Price or the
closest local or mobile app equivalent (as detailed below).
When a student purchases using a foreign
currency, we will convert the relevant Base Price or Promotional Program price
into the student's applicable currency using a system-wide foreign currency
conversion rate set by CIFA and fixed periodically into a table of
corresponding price tiers by currency ("Price Tier Matrix"). Since
the Price Tier Matrix is fixed, those conversion rates may not be identical to
the applicable market rate in effect when a transaction is processed. We
reserve the right to update the Price Tier Matrix at any time.
When a student purchases through a mobile
application, the mobile platform provider's pricing matrix will control, and we
will choose the price tier closest to the applicable Base Price or Promotional
Program price. Because mobile platforms impose their own currency conversion
rates, conversions for mobile app prices may not match the conversions in the
Price Tier Matrix.
You give us permission to share your courses
for free with our employees, with selected partners, and in cases where we need
to restore access accounts who have previously purchased your courses. You understand
that you will not receive compensation in these cases.
Transaction Taxes
If a student purchases a product or service
in a country that requires CIFA to remit national, state, or local sales or use
taxes, value added taxes (VAT), or other similar transaction taxes
("Transaction Taxes"), under applicable law, we will collect and
remit those Transaction Taxes to the competent tax authorities for those sales.
We may increase the sale price at our discretion where we determine that such taxes
may be due. For purchases through mobile applications, applicable Transaction
Taxes are collected by the mobile platform (such as Apple's App Store or Google
Play).
Promotional Programmes
CIFA offers several optional marketing
programs (Promotional Programs) in which you can choose to participate, as
detailed in our Promotions Policy. These programs can help increase your
revenue potential on CIFA by finding the optimal price point for your courses
and promoting them through additional marketing channels.
There is no up-front cost to participate in
these programs, and you can modify your participation status at any time,
though changes you make will not apply to currently active campaigns.
Payments
Revenue Share
When a student purchases your course, we
calculate the gross amount of the sale as the amount actually received by CIFA
from the student ("Gross Amount"). From this, we subtract any
Transaction Taxes, any mobile platform fees applied to mobile provider checkout
sales, a 3% administrative and handling fee (except in Japan, where we subtract
a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to
third parties in connection with the Promotional Programs to calculate the net
amount of the sale ("Net Amount").
If you have not opted into any of CIFA's optional Promotional Programs,
your revenue share will be 50% of the Net Amount less any applicable
deductions, such as student refunds. If we change this payment rate, we will
provide you 30 days notice using prominent means, such as via email or by posting
a notice through our Services.
If you opt into any of the Promotional
Programs, the relevant revenue share may be different and will be as specified
in the Promotions Policy.
CIFA makes all instructor payments in GBP
Great Brittish Pounds regardless of the currency with which the sale was made.
We will assume transaction processing fees, excluding foreign currency
conversion fees and wiring fees. Your revenue report will show the sales price
and your converted revenue amount (in GBP).
Receiving Payments
For us to pay you in a timely manner, you
must own a PayPal or Payoneer account in good standing or have a valid Bank
account and must keep us informed of the correct email associated with your
account. You must also provide any identifying information or tax documentation
necessary for payment of amounts due, and you agree that we have the right to
withhold appropriate taxes from your payments. We reserve the right to withhold
payments or impose other penalties if we do not receive proper identifying
information or tax documentation from you. You understand and agree that you
are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share
model, payment will be made within 45 days of the end of the month in which (a)
we receive the fee for a course or (b) the relevant course consumption
occurred.
As an instructor, you are responsible for
determining whether you are eligible to be paid by a UK company. We reserve the
right not to pay out funds in the event of identified fraud, violations of
intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment
account after the period of time set forth by your, country, or other
government authority in its unclaimed property laws, we may process the funds
due to you in accordance with our legal obligations, including by submitting
those funds to the appropriate government authority as required by law.
Refunds
You acknowledge and agree that students have
the right to receive a refund, as detailed in the Terms of Use. Instructors
will not receive any revenue from transactions for which a refund has been
granted under the Terms of Use.
If a student asks for a refund after we have
paid the relevant instructor payment, we reserve the right to either (1) deduct
the amount of the refund from the next payment sent to the instructor or (2)
where no further payments are due to the instructor or the payments are
insufficient to cover the refunded amounts, require the instructor to refund
any amounts refunded to students for the instructor's courses.
6. Trademarks
While you are a published instructor and
subject to the requirements below, you may use our trademarks where we
authorize you to do so.
You must:
only use the images of our trademarks that we
make available to you, as detailed in any guidelines we may publish (such as
our Instructor Badge Guide);
only use our trademarks in connection with
the promotion and sale of your CIFA courses or your participation on CIFA; and
immediately comply if we request that you
discontinue use.
You must not:
use our trademarks in a misleading or
disparaging way;
use our trademarks in a way that implies that
we endorse, sponsor, or approve of your courses or services; or
use our trademarks in a way that violates
applicable law or in connection with an obscene, indecent, or unlawful topic or
material.
Sanctions and Export Laws
You warrant that you aren't restricted from
using the Services under U.S. sanctions or export laws (as an individual or as
an officer, director, or controlling shareholder of any entity on whose behalf
you use the Services). If you become subject to such a restriction while you
are subject to these Instructor Terms, you will notify CIFA within 24 hours,
and we will have the right to terminate any further obligations to you,
effective immediately and with no further liability to you (but without
prejudice to your outstanding obligations to CIFA). You will not use the
Services to conduct or facilitate any transaction with any other individual or
entity subject to such a restriction. You may not remove, export, or allow the
export or re-export of the Services (or any product thereof, including
technical data) outside the UK in violation of any restrictions, laws, or
regulations of the UK. or any other applicable country.
8. Deleting Your Account
Instructions on how to delete your instructor
account are available here. We'll use commercially reasonable efforts to make
any remaining scheduled payments that are owed to you before deleting your
account. You understand that if students have previously enrolled in your
courses, your name and that Submitted Content will remain accessible to those
students after your account is deleted. If you need help or encounter
difficulty deleting your account, you can contact us via our Support Center.
Miscellaneous Legal Terms
Updating These Terms
From time to time, we may update these Terms
to clarify our practices or to reflect new or different practices (such as when
we add new features), and CIFA reserves the right in its sole discretion to
modify and/or make changes to these Terms at any time. If we make any material
change, we will notify you using prominent means such as by email notice sent
to the email address specified in your account or by posting a notice through
our Services. Modifications will become effective on the day they are posted
unless stated otherwise.
Your continued use of our Services after
changes become effective shall mean that you accept those changes. Any revised
Terms shall supersede all previous Terms.
Translations
Any version of these Terms in a language
other than English is provided for convenience and you understand and agree
that the English language will control if there is any conflict.
Relationship Between Us
You and we agree that no joint venture,
partnership, employment, contractor, or agency relationship exists between us.
9.4 Survival
The following sections shall survive the
expiration or termination of these Terms: Sections 2 (License to CIFA), 3.3
(Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8
(Deleting Your Account), and 9 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is to
contact our Support Team. We'd love to hear your questions, concerns, and
feedback about our Services.
Use of data.
The CIFA will collect and hold
personal data in order to enable the processing of bookings and fulfilment of
orders for goods. Details of how the CIFA uses such information can be found in
our separate Privacy Policy.
Applicable laws
The Web Site is not directed
at any person in any jurisdiction where for any reason the publication or
availability of the Web Site or Content is prohibited. Those in respect of whom
such prohibitions apply must not access the Web Site. The CIFA does not
represent that either the Web Site or the Content are appropriate for use or permitted
by local laws in all jurisdictions. Those who access the Web Site do so on
their own initiative and are responsible for compliance with applicable local
laws or regulations; legal advice should be sought in cases of doubt.
The Terms are governed by the
laws of England and Wales and the parties submit to the exclusive jurisdiction
of the English courts.
Cookies
When you visit the Web Site a
small amount of data known as a ‘cookie’ may be stored on your computer’s hard
drive. Cookies include certain information, for example, the type of
web-browser you are using. Cookies are used to help us monitor the way in
which the Web Site is used, which in turn helps us to tailor it to your needs.
The CIFA does not use cookie
technology to collect personal information about you. However, should you
object to the use of cookies you can reconfigure your web-browser to reject
them.
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