Terms & Conditions

These Terms of Use ("Terms") were last updated on the 1^st of September, 2018.

CES’ mission is to be committed to promote, provide and maintain the highest level of Continuous Professional Development for individuals, organizations and professional groups in order to keep them at the cutting edge of their profession and also to meet regulatory or legal requirements where necessary.

These Terms apply to all your activities on the CES website, the CES mobile applications, our APIs and other related services (“services”).

If you have a course published on the CES platform, you must also agree to the Instructor/Facilitator Agreement. We also provide details regarding our processing of personal data of our members, participants and instructors/facilitators in our Privacy Policy.

ACCOUNTS
COURSE ENROLLMENT AND LIFETIME ACCESS
PAYMENTS, CREDITS, AND REFUNDS
CONTENT AND BEHAVIOR RULES
CES’S RIGHTS TO CONTENT YOU POST
USING CES AT YOUR OWN RISK
CES’S RIGHTS
MISCELLANEOUS LEGAL TERMS
DISPUTE RESOLUTION
UPDATING THESE TERMS
HOW TO CONTACT US

1. ACCOUNTS

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use CES.

You need an account for most activities on our platform, including to purchase and enroll in a course. 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.

You may not transfer your account to someone else or use someone else’s account without their express permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and CES will not intervene in disputes between members 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 may request some information from you to confirm that you are indeed the owner of your account.

Ensure you spell your full name correctly upon registering. You will not be able to alter your name without due administrative procedure as will be determined by CES.

Participants and instructors must be at least 18 years of age to create an account on CES and use the services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you.

If we discover that you have created an account and you are younger than the required age for consent to use CES’ online services, we will terminate your account.

You can terminate your account at any time by officially informing CES.

2. COURSE ENROLLMENT AND LIFETIME ACCESS

When you enroll in a course, you get access from us to view it. Don’t try to transfer or resell courses in any way. We grant you a lifetime access, except when we must disable the course because of legal or policy reasons.

Under our Instructor/Facilitator Agreement, when instructors publish a course on CES, they grant CES 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/participants who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from CES a license to view the course via the CES platform and services.

Courses are certified to you. This certification 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 or otherwise).

In legal, more complete terms, CES grants you (as a student/participant) 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 CES authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students/participants when they enroll in a course. However, 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 certain Trust & Safety Guidelines. To be clear, the lifetime access is to the course content but not to the instructor/facilitator.

Instructors/facilitators may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.

3. PAYMENTS, CREDITS, AND REFUNDS

When you make a payment, you agree to use a valid payment method

3.1 Pricing

The prices of courses on CES are determined based on the terms of the Instructor/Facilitator Agreement and our Pricing and Promotions Policy.

We sometimes 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 to new users only.

If you are a student/participant or an Instructor/Facilitator located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities.

3.2 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 Mobile Money, direct debit) for those fees. CES works with third party payment processing partners to offer you the most convenient payment methods 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 unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling 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 payments.

In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website. Credits may expire if not used within the specified period, and have no cash value.

3.3 Refunds and Credits

We reserve the right to apply a credit or a refund, at our discretion on a case by case basis.

To request a credit/refund, follow the steps here. As detailed in the Instructor Agreement, instructors agree that students have the right to receive these credits or refunds.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to 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 any credit or refund.

4. CONTENT AND BEHAVIOR RULES

You can only use CES for lawful purposes. You’re responsible for all the content that we post on our platform on your behalf. 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/participants, the services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor/facilitator 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/participants who have enrolled in your course(s). 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 Ghana or any 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/Facilitator Agreement before you submit any course for publication on CES.

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), 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.

CES has discretion in enforcing these Terms and Conditions. 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 violation of these Terms and Conditions, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and/or 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/facilitators has published a course that infringes your copyright or trademark rights, please let us know. Under our Instructor/Facilitator Agreement, we require our instructors/facilitators to follow the law and respect the intellectual property rights of others.

5. CES’S RIGHTS TO CONTENT YOU POST

You retain ownership of content we post no 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/participant or instructor/facilitator (including courses) remains yours. By having courses and content posted on your behalf, you allow CES to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor/facilitator, be sure to understand the course licensing terms that are detailed in the Instructor/Facilitator Agreement.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize CES 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 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 CES for the syndication, broadcast, distribution, or publication of content on other media. 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.

6. USING CES AT YOUR OWN RISK

Any qualified individual can use CES to as a portal to publish courses. 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 CES at your own risk.

CES enables any qualified professional or individual to create and have educational courses published. We host a lot of courses on our online learning platform. 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. However, we take appropriate steps to guarantee that the content is duly accredited wherever necessary. If you enroll on a course, you rely on any information provided by the instructor/facilitator at your own risk.

By using the services of CES, you may be exposed to content that you consider offensive, indecent, or objectionable. CES has no responsibility to keep such content from you and no liability for your access or enrollment 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 enrolling 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 enrollment 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. 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 do not hire or employ instructors/facilitators nor are we responsible or liable for any interactions involved between instructors/facilitators and students/participants. 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/facilitators or students/participants.

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.

7. CES’S RIGHTS

We own the CES 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 CES 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/facilitators and students/participants) are and will remain the exclusive property of CES and its licensors.

Our platforms and services are protected by copyright, trademark, and other laws of Ghana and other foreign countries. Nothing gives you a right to use the CES name or any of the CES trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CES or its 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 CES platform and services:

access, tamper with, or use non-public areas of the platform, CES’s computer systems, or the technical delivery systems of CES’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 CES 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.

in any way use the services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as CES); 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.

8. 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.

8.1 Binding Agreement

You agree that by registering, accessing or using our services, you are agreeing to enter into a legally binding contract with CES. 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 Conditions and using our services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms and Conditions 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 and Conditions (including any agreements and policies linked from these Terms and Conditions) constitute the entire agreement between you and us (which include, if you are an instructor/facilitator, the Instructor/Facilitator Agreement).

If any part of these Terms and Conditions 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 Conditions, 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.

The following sections shall survive the expiration or termination of these Terms and Conditions: Sections 2 (Course Enrollment and Lifetime Access), 5 (CES’s Rights to Content You Post), 6 (Using CES at Your Own Risk), 7 (CES’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 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/facilitators 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.

We may decide to cease making available certain features of our services at any time and for any reason. Under no circumstances will CES 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.

8.3 Limitation of Liability

There are risks inherent into using our services, for example, if you enroll in a certain course with a physical component and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against CES 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 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 suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars (GH¢100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Where the law does not allow the exclusion or limitation of liability for consequential or incidental damages, the above may not apply to you.

8.4 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 CES, our officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from;

the course/content you get to be submit or published
your use of our services
your violation of these Terms, or
your violation of any rights of a third party

Your indemnification obligation will survive the termination of these Terms and your use of our services.

8.5 Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of Ghana without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and CES consent to the exclusive jurisdiction of the courts the Republic of Ghana

8.6 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.

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 [email protected]).

8.7 Relationship Between Us

You and CES agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms and Conditions (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. Nothing in these Terms and Conditions 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.

9. 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 Ghana, your options are to go to court or seek arbitration or Alternative Dispute Resolution (ADR); you may not bring that claim in another court.

This Dispute Resolution section applies only if you live in the Republic of Ghana. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

9.1 Small Claims

Either of us can bring a claim in any court of competent jurisdiction.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and CES agree to resolve any claims related to these Terms and Conditions (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 or ADR. Either of us can also ask a court to halt a court proceeding while an arbitration or ADR proceeding is ongoing.

9.3 Changes

Notwithstanding the “Updating these Terms” section below, if CES changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing CES written notice of such rejection by mail or hand delivery to our addresses as listed on the CES website within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and CES in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

10. 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 CES reserves the right in its sole discretion to modify and/or make changes to these Terms and Conditions 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.

11. 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 CES

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