Terms of Service

These Terms of Service govern access to and use of Edukate, an online eLearning marketplace available at edukate.nimgine.online. Edukate provides a platform through which students may discover and access courses, and instructors may create accounts, upload course materials, and share knowledge and skills with users in different countries. By accessing or using Edukate, you agree to these Terms.

Assumptions

For the purposes of this draft, the following reasonable assumptions have been made:

1. Platform role: Edukate operates primarily as a platform provider that enables instructors and students to connect, rather than acting as the direct instructor for every course on the platform.

2. User-generated content: The platform may host user-generated content, including course materials, profile information, comments, reviews, ratings, messages, assignments, and other submissions.

3. Commercial terms: Courses may be offered free of charge or for a fee. Payment processing may be handled by third-party providers. Refunds, promotions, platform fees, and instructor payouts may exist, but exact figures, timings, and commercial arrangements have not been specified and should be confirmed before publication.

4. International use: Edukate is available to users from multiple countries, and users are responsible for complying with local laws applicable to their use of the platform.

5. Minimum age: Users must be old enough to enter into a binding agreement under the laws that apply to them, and younger users may only use the platform with any parental or guardian involvement required by applicable law.

6. Governing law and disputes: Because no governing law or dispute forum has been provided, these Terms use neutral wording that allows Edukate to specify these details before publication.

7. Contact details: No support email, legal entity name, or postal address has been provided. Contact references are therefore limited to Edukate and the website URL.

1. About These Terms

1.1 These Terms of Service (“Terms”) form a binding agreement between you and Edukate (“Edukate”, “we”, “us” or “our”) in relation to your access to and use of edukate.nimgine.online and any related services, features, content, applications, tools, and communications we make available (together, the “Platform”).

1.2 These Terms apply to all users of the Platform, including visitors, prospective students, registered students, instructors, and any person who uploads, posts, accesses, purchases, enrols in, views, or otherwise interacts with content or services on the Platform.

1.3 If you do not agree to these Terms, you must not access or use the Platform.

1.4 If you use the Platform on behalf of a business, organisation, or other entity, you confirm that you have authority to bind that entity to these Terms, and references to “you” include both you and that entity where the context requires.

2. Eligibility and Use of the Platform

2.1 You may use the Platform only if you are legally capable of entering into a binding agreement under the laws that apply to you.

2.2 You must not use the Platform if doing so would violate any applicable law, regulation, sanction, restriction, or court order.

2.3 If you are under the age at which you can legally enter into these Terms in your country or region, you may use the Platform only with the consent and involvement of a parent or legal guardian where required by applicable law.

2.4 We may refuse access to the Platform, or restrict access to certain features, where reasonably necessary for legal, operational, safety, or compliance reasons.

3. User Accounts

3.1 You may need to create an account to access certain features of the Platform, including enrolling in courses, uploading courses, communicating through the Platform, or managing purchases and learning activity.

3.2 You must provide accurate, current, and complete information when creating and maintaining your account.

3.3 You are responsible for:

• keeping your login credentials confidential;

• restricting access to your account and devices;

• all activity that takes place under your account, whether or not authorised by you, unless caused by our failure to take reasonable care.

3.4 You must notify us promptly if you believe your account has been accessed without authorisation or your account credentials have been compromised.

3.5 We may require you to verify your identity, email address, payment details, or other account information where reasonably necessary for security, fraud prevention, moderation, or legal compliance.

3.6 You must not:

• create an account using false or misleading information;

• impersonate another person or entity;

• create multiple accounts for abusive, deceptive, or evasive purposes;

• transfer or sell your account to another person without our written permission.

4. Student and Instructor Roles

4.1 The Platform may permit different user roles, including students and instructors. Different features, rights, and responsibilities may apply depending on your role.

4.2 Students may use the Platform to browse, purchase, enrol in, and access course content made available through the Platform, subject to these Terms and any additional course-specific conditions lawfully communicated on the Platform.

4.3 Instructors may use the Platform to create profiles, upload and manage course content, communicate with students, and otherwise participate in the Platform as content providers, subject to these Terms and any additional instructor rules, guidelines, or policies we may publish from time to time.

4.4 We may review, approve, reject, suspend, or remove instructor accounts, course submissions, or course listings where reasonably necessary to protect users, maintain quality, enforce these Terms, comply with legal requirements, or protect the Platform.

5. Course Listings, Uploads, and Access

5.1 Edukate may allow instructors to upload and publish course materials, including videos, audio, documents, assessments, images, downloadable materials, and course descriptions.

5.2 Instructors are responsible for ensuring that any course they upload:

• is accurate and not materially misleading;

• is lawful and does not infringe the rights of any person;

• is suitable for publication on the Platform;

• complies with these Terms and any platform guidelines we issue.

5.3 Students who obtain access to a course are granted a limited, non-exclusive, non-transferable, revocable right to access that course for their personal, non-commercial learning use, subject to:

• payment of any applicable fees;

• ongoing availability of the Platform;

• any access limitations stated on the course page or otherwise notified to users;

• these Terms.

5.4 Access to a course does not transfer ownership of the course or any intellectual property rights in that course.

5.5 We may remove, replace, suspend, edit, or restrict access to any course or course material where reasonably necessary, including where:

• the content appears unlawful, infringing, misleading, harmful, or contrary to these Terms;

• the instructor account has been suspended or terminated;

• we receive a complaint or legal request;

• technical, operational, quality, or safety issues arise.

5.6 We do not guarantee that any course will remain available for any specific period unless we expressly state otherwise on the Platform.

6. User-Generated Content

6.1 The Platform may allow you to submit, upload, publish, transmit, or otherwise make available content, including course materials, profile information, reviews, ratings, comments, questions, assignments, messages, forum posts, and other submissions (“User Content”).

6.2 You retain ownership of any intellectual property rights you hold in your User Content, subject to the rights you grant to us under these Terms.

6.3 By submitting or making User Content available through the Platform, you grant Edukate a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, format, adapt, modify as technically necessary, publish, display, communicate, distribute, and otherwise use that User Content to the extent reasonably necessary to:

• operate, provide, and improve the Platform;

• make courses and related content available to users;

• moderate and review content;

• maintain security and prevent misuse;

• promote the Platform or particular courses within the Platform, and in external marketing only to the extent reasonably connected with the operation and promotion of the Platform, unless otherwise agreed with you.

6.4 The licence in clause 6.3 continues for so long as your User Content remains on the Platform and for a reasonable period afterwards where necessary for backups, legal compliance, dispute resolution, enforcement, or legitimate operational purposes.

6.5 You are solely responsible for your User Content and for the consequences of uploading, publishing, sharing, or otherwise making it available.

6.6 You confirm that, in relation to any User Content you provide:

• you own it or have all rights, licences, permissions, and consents necessary to use it and authorise us to use it as described in these Terms;

• it does not infringe intellectual property, privacy, confidentiality, publicity, contractual, or other rights of any person;

• it is not unlawful, defamatory, fraudulent, threatening, abusive, hateful, obscene, discriminatory, or otherwise objectionable;

• it does not contain malicious code, hidden functionality, spam, or harmful material.

6.7 We are not obliged to monitor all User Content, but we may review, moderate, remove, restrict, or disable access to User Content where we reasonably believe this is appropriate.

7. Intellectual Property

7.1 The Platform, including its software, design, layout, branding, trade names, logos, text, graphics, compilations, and other platform content made available by Edukate, is owned by or licensed to Edukate and is protected by applicable intellectual property and similar laws.

7.2 Except as expressly permitted in these Terms or by law, you must not copy, reproduce, modify, distribute, sell, licence, reverse engineer, scrape, frame, republish, or otherwise exploit any part of the Platform or its content without prior written permission from the relevant rights holder.

7.3 Course content uploaded by instructors remains owned by the relevant instructor or other rights holder, subject to the rights granted under these Terms.

7.4 Students must not:

• copy or download course content except where a download feature is expressly provided;

• redistribute, resell, broadcast, publicly perform, share, or make course content available to third parties;

• use course content for competing commercial purposes;

• remove copyright, trade mark, or other proprietary notices.

7.5 Instructors must not upload course materials that they do not have the right to use, or that unlawfully copy or incorporate third-party content.

8. Payments, Fees, Refunds, Promotions, and Taxes

8.1 Some content or features on the Platform may be offered for a fee. By making a purchase, you agree to pay the applicable price and any stated taxes, charges, or fees presented to you at checkout.

8.2 Payment processing may be handled by third-party payment providers. Your use of those payment services may also be subject to the provider’s own terms and privacy practices.

8.3 Edukate may act as a platform intermediary for payments relating to courses, platform fees, refunds, promotions, or instructor payouts, depending on how the Platform is configured.

8.4 Any pricing, discount, promotion, coupon, bundle, or special offer is subject to the terms stated at the time of the offer and may be withdrawn, amended, or limited at any time, subject to applicable law.

8.5 Where refunds are offered, they will be governed by the refund terms published on the Platform or otherwise communicated at the point of purchase, subject to applicable law.

8.6 Instructors are responsible for understanding and complying with any tax obligations that apply to the income, sales, or services they provide through the Platform, unless applicable law requires otherwise.

8.7 Students are responsible for any taxes, duties, exchange-rate costs, bank charges, or similar charges that may arise in connection with purchases, except where the law requires us or a payment provider to collect or account for them differently.

8.8 We may suspend access to paid content, delay payouts, cancel transactions, or place holds on accounts where reasonably necessary to investigate fraud, misuse, chargebacks, payment disputes, legal issues, or breaches of these Terms.

9. Acceptable Use and Prohibited Conduct

9.1 You must use the Platform lawfully, fairly, and responsibly.

9.2 You must not, and must not attempt to, use the Platform to:

• break any law or regulation;

• infringe the rights of another person;

• upload unlawful, infringing, deceptive, harassing, abusive, hateful, threatening, discriminatory, or sexually exploitative material;

• upload viruses, malware, spyware, corrupted files, or harmful code;

• interfere with the security, operation, or performance of the Platform;

• gain unauthorised access to accounts, systems, data, or networks;

• scrape, crawl, harvest, or collect data from the Platform by automated means except where expressly permitted;

• send spam, phishing messages, scams, or unsolicited promotions;

• manipulate ratings, reviews, enrolments, engagement, or platform metrics dishonestly;

• impersonate another person or misrepresent your identity, qualifications, affiliations, or authority;

• use the Platform to compete unfairly with Edukate or to build a competing service using Platform data or content without permission;

• circumvent technical protections, access controls, payment processes, or moderation tools;

• use the Platform in a manner that could damage Edukate’s reputation or expose users or third parties to harm.

9.3 Instructors must not:

• upload content they do not have the right to share;

• make false or misleading claims about course outcomes, qualifications, certifications, or endorsements;

• use manipulative, deceptive, or aggressive sales practices;

• request off-platform payments in order to avoid platform fees or controls, where the Platform rules prohibit this;

• misuse student data or communications obtained through the Platform.

9.4 Students must not:

• share account access with others in a way that defeats the intended access model of the Platform;

• reproduce or distribute course content unlawfully;

• harass instructors, other students, or staff;

• misuse assessment tools, certificates, reviews, or platform communications.

10. Reviews, Ratings, Comments, and Community Standards

10.1 The Platform may allow users to post reviews, ratings, comments, questions, and other community contributions.

10.2 Community contributions must be honest, lawful, respectful, and based on genuine experience where relevant.

10.3 You must not post content that is knowingly false, defamatory, abusive, threatening, discriminatory, promotional without permission, or designed to manipulate reputation or platform activity unfairly.

10.4 We may moderate, remove, delay publication of, or refuse to display reviews, ratings, comments, or other contributions where reasonably necessary to:

• enforce these Terms;

• prevent abuse or manipulation;

• respond to complaints or legal concerns;

• protect the integrity of the Platform and its users.

11. Moderation, Enforcement, and Content Removal

11.1 We may, but are not obliged to, monitor the Platform, User Content, course listings, account activity, and interactions between users.

11.2 We may investigate suspected breaches of these Terms, complaints, reports, intellectual property claims, fraud concerns, security incidents, or other conduct that may affect the Platform or its users.

11.3 Where we reasonably consider it necessary, we may take enforcement action, including:

• issuing warnings;

• removing or editing content;

• restricting visibility or access to content;

• suspending course listings or enrolments;

• suspending or terminating accounts;

• cancelling transactions or withholding access pending investigation;

• reporting conduct to relevant authorities or affected rights holders where appropriate.

11.4 We will generally seek to act proportionately, taking into account the nature of the issue and the need to protect users, legal compliance, and the integrity of the Platform.

12. Third-Party Services and Links

12.1 The Platform may contain or rely on third-party services, tools, content, integrations, payment processors, hosting services, analytics services, or links to third-party websites.

12.2 We do not control and are not responsible for third-party services or websites, including their availability, content, terms, policies, or business practices.

12.3 Your use of third-party services may be subject to separate terms and conditions between you and the relevant third party.

12.4 We are not responsible for losses arising from your dealings with third parties except to the extent that such responsibility cannot lawfully be excluded.

13. Educational Content Disclaimer

13.1 Edukate provides a platform for educational and informational content. Unless expressly stated otherwise, Edukate does not guarantee the quality, completeness, accuracy, suitability, legality, or usefulness of any course, instructor statement, or learning material made available through the Platform.

13.2 Course content may reflect the views, knowledge, teaching style, experience, or opinions of individual instructors and does not necessarily represent Edukate’s views.

13.3 We do not guarantee that:

• any course will meet your expectations or requirements;

• any learning outcome, qualification, employment opportunity, certification, commercial result, or personal result will be achieved;

• any course or content will be uninterrupted, error-free, or suitable for a particular purpose.

13.4 You are responsible for evaluating whether a course is appropriate for your needs before purchasing or relying on it.

14. Service Availability and Changes

14.1 We may update, modify, suspend, discontinue, or restrict any part of the Platform at any time, including features, course categories, technical requirements, pricing structures, access methods, or supported integrations.

14.2 We will seek to act reasonably when making material changes, but we do not guarantee that any specific feature, course, or functionality will always remain available.

14.3 From time to time, the Platform may be unavailable due to maintenance, upgrades, technical failures, security issues, network interruptions, or events outside our reasonable control.

14.4 We are not responsible for delays or failures caused by events beyond our reasonable control, including failures of internet services, hosting providers, payment processors, cyber incidents, labour disputes, natural events, or governmental action.

15. Suspension and Termination

15.1 You may stop using the Platform at any time. If you wish to close your account, you should follow the account closure process available on the Platform, if any.

15.2 We may suspend, restrict, or terminate your access to the Platform, your account, specific courses, or particular features where we reasonably believe:

• you have breached these Terms;

• your use of the Platform creates legal, security, reputational, operational, or safety risk;

• you have engaged in fraud, abuse, infringement, harmful behaviour, or deceptive conduct;

• suspension or termination is necessary to comply with law or a lawful request;

• your account has been inactive for an extended period and the Platform policy allows closure, subject to any required notice.

15.3 Where appropriate, we may investigate first or give you an opportunity to address the issue, but we are not required to do so where immediate action is reasonably necessary.

15.4 On suspension or termination:

• your right to use the affected part of the Platform will cease to the extent specified by us;

• access to courses, User Content, account information, messages, or other materials may be restricted or removed;

• rights and obligations that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, payments due, disclaimers, limitations of liability, indemnity, disputes, and enforcement.

15.5 Termination does not automatically entitle you to a refund unless required by applicable law or an express refund policy.

16. Privacy

16.1 Our collection and use of personal data in connection with the Platform is described in our Privacy Policy.

16.2 By using the Platform, you acknowledge that your personal data may be processed in accordance with the Privacy Policy and applicable law.

17. Disclaimers of Warranties

17.1 To the fullest extent permitted by applicable law, the Platform and all content, courses, services, and features are provided on an “as is” and “as available” basis.

17.2 Edukate does not make any express or implied warranty or representation, including as to:

• merchantability;

• satisfactory quality;

• fitness for a particular purpose;

• non-infringement;

• availability, accuracy, reliability, or security;

• compatibility with your devices, systems, or needs.

17.3 Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under applicable law.

18. Limitation of Liability

18.1 Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• any other liability that cannot lawfully be excluded or limited.

18.2 Subject to clause 18.1, Edukate will not be liable for any:

• indirect, incidental, special, consequential, or punitive loss;

• loss of profits, revenue, business, goodwill, opportunity, anticipated savings, or data;

• loss arising from your reliance on any course, instructor statement, review, rating, or User Content;

• loss resulting from unauthorised access to your account caused by your failure to keep credentials secure;

• loss arising from third-party services, payment providers, or external websites;

• loss arising from suspension, removal, or unavailability of content or services where we have acted in accordance with these Terms or as reasonably required.

18.3 Subject to clauses 18.1 and 18.2, where applicable law allows, Edukate’s total liability to you in connection with the Platform or these Terms will be limited to the greater of:

• the amount you paid to Edukate through the Platform in the 12 months before the event giving rise to the claim; or

• a modest default amount that should be specified before publication if required for legal certainty in the target jurisdiction.

18.4 The limitations in this clause apply whether the claim arises in contract, tort, negligence, breach of statutory duty, or otherwise.

19. Indemnity

19.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless Edukate, its affiliates, and its personnel from and against reasonable losses, liabilities, costs, and expenses arising out of or connected with:

• your breach of these Terms;

• your User Content;

• your unlawful use of the Platform;

• your infringement of any intellectual property, privacy, or other rights of a third party.

19.2 This clause does not require you to indemnify Edukate for losses caused by Edukate’s own fraud, wilful misconduct, or breach of law, and it will be interpreted reasonably and to the extent permitted by applicable law.

20. Changes to These Terms

20.1 We may update these Terms from time to time to reflect changes in the Platform, legal requirements, operational practices, or business needs.

20.2 When we make material changes, we will seek to provide appropriate notice, which may include posting the updated Terms on the Platform, updating the effective date, or providing notice through your account or other reasonable means.

20.3 By continuing to use the Platform after updated Terms take effect, you agree to the revised Terms, to the extent permitted by applicable law.

20.4 If you do not agree to the updated Terms, you must stop using the Platform.

21. Governing Law and Dispute Resolution

21.1 These Terms are intended for international use. Before publication, Edukate should specify the governing law and dispute forum that will apply to disputes arising out of or in connection with these Terms.

21.2 Until such details are specified, any dispute should, where reasonably possible, first be raised directly with Edukate so that the parties can attempt to resolve the matter informally and in good faith.

21.3 Nothing in these Terms prevents either party from seeking urgent interim or protective relief from a court of competent jurisdiction where necessary.

21.4 If you are a consumer, you may also have rights under mandatory laws in your country of residence that cannot be excluded by these Terms.

22. General Provisions

22.1 If any provision of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force to the extent permitted by law.

22.2 Our failure or delay in enforcing any provision of these Terms does not amount to a waiver of that provision or any other right.

22.3 You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms without our prior written consent, unless applicable law allows otherwise. We may assign or transfer our rights and obligations under these Terms where reasonably necessary in connection with a business transfer, reorganisation, or change in service provider, provided this does not materially reduce protections owed to users under applicable law.

22.4 These Terms, together with any policies or guidelines expressly incorporated by reference, form the entire agreement between you and Edukate regarding your use of the Platform, except where additional written terms clearly apply to a particular feature or relationship.

22.5 Headings are included for convenience and do not affect interpretation.

23. Contact

If you have questions about these Terms or the Platform, you may contact Edukate through contact@nimgine.online using the contact details or support channels made available on the website.