Terms of use

TERMS AND CONDITIONS OF USE FOR THE LEARNING ROOM ONLINE PLATFORM

Welcome to Learning Room! 

  1. Introduction
    1. These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you (“User,” “Parent/Guardian,” “Child (those under the age of 18 whose access to and use of the services is authorized and consented to by a parent or legal guardian), “Content Creator,” or “you”) and The Change Catalyst  ( hereinafter referred to as ( “Learning Room”,”Company,” “we,” “us,” or “our”) governing your access to and use of the Learning Room Learning Management System) and associated contents and website (collectively, the “Platform”). You agree to be bound by these Terms by accessing or using the Platform. If you disagree with these Terms, you must not access or use the Platform.  
  1. The Platform is designed to provide social-emotional learning (SEL) and mindset development resources for Users. 
  1. By using the Platform, you acknowledge that you are either:  
  1. A parent or legal guardian who has the legal authority to consent to these Terms on behalf of your child and is doing so, thereby permitting your child to access and use the Platform, or  
  2. An individual of legal age with the legal capacity to enter into a binding agreement.  
  1. Onboarding:
    1. Children by Parents or Guardians
  1. Online Onboarding Process
    1. The onboarding of children to the Platform is conducted exclusively online. As a parent or legal guardian, you are required to:  
  1. Create an account on the Platform by providing accurate and complete information, including your full name, contact details, and your child’s name and age.  
  2. Verify your identity as the parent or legal guardian of the child being onboarded.  
  3. Provide explicit consent for your child to use the Platform, including consent for the limited collection and use of personal information as described in these Terms and our Privacy Policy.  
  1. Parental Responsibility
    1. By completing the online onboarding process, you confirm and warrant that:  
  1. You are the parent or legal guardian of the child being onboarded.  
  2. You have the legal authority to agree to these Terms on behalf of your child.  
  3. You will supervise your child’s use of the Platform and ensure compliance with these Terms.  
  1. Verification
    1. To comply with applicable laws, including the Children’s Online Privacy Protection Act (COPPA) and the Data Protection Act, 2019 in Kenya, we may require additional verification of your child’s age and your status as a parent or legal guardian. This may include submitting supporting documentation (e.g., a birth certificate or guardianship papers) through a secure online process.  
  1. Withdrawal of Consent
    1. You may withdraw your consent for your child’s use of the Platform at any time by emailing us at the address provided in our Contact Information and unsubscribing from the platform. Upon withdrawal of consent, your child’s access to the Platform will be terminated, and any personal information collected will be deleted by applicable laws.  
    2. Any obligations imposed on children as a User under these Terms shall also apply to the parent or legal guardian. It is the responsibility of the parent or guardian to ensure that the child complies with all applicable terms, policies, and community guidelines, and to prevent any misuse of the Platform. Parents or guardians shall be held accountable for any violations committed by the child under their supervision.
  2. Adult Users
    1. Online Onboarding Process
      1.  Adult users must complete the online onboarding process independently. As an adult user, you are required to:
        a) Create an account on the Platform by providing accurate and complete information, including your full name, contact details, and date of birth.
        b) Confirm that you are of legal age and have the legal capacity to enter into a binding agreement.
        c) Acknowledge and agree to the collection and use of your personal information as described in these Terms and our Privacy Policy.
      2. User Responsibility
        2.2.2.1. By completing the online onboarding process, you confirm and warrant that:
        a) You are of legal age in your jurisdiction to use the Platform.
        b) You understand and accept these Terms in full.
        c) You will use the Platform in compliance with all applicable laws and these Terms.
      3. Verification
        1.  To ensure compliance with applicable legal and regulatory requirements, we may request additional verification of your identity and age. This may include submitting a government-issued identification document or completing an identity verification process through a secure channel.
  1. Intellectual Property Protection
  1. Ownership of Intellectual Property
    1. All intellectual property (IP) rights in and to the Platform, including but not limited to copyrights, trademarks, trade secrets, patents, and proprietary information, are owned by or licensed to the Company. This includes all content, designs, graphics, logos, software, and other materials available on the Platform.  
  1. Prohibited Use of IP
    1. You agree that you shall not, under any circumstances, whether directly or indirectly:
  1. Copy, reproduce, modify, distribute, publicly display, or create derivative works based on the Platform or its content, in whole or in part, without the prior written consent of the Company. Any unauthorized use shall be deemed a violation of intellectual property laws and may result in legal action.
  2. Use, imitate, or exploit any trademarks, logos, service marks, or branding elements associated with the Platform for any purpose, including but not limited to commercial, promotional, or competitive use, without explicit written authorization from the Company.
  3.  Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or proprietary information of any part of the Platform, including its software, systems, or functionalities, except as expressly permitted by applicable law.
  4.  Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices displayed on or within the Platform.
  5.  Claim ownership of, sublicense, sell, rent, lease, or otherwise exploit any portion of the Platform or its content in a manner not explicitly authorized by the Company.
  6. User-Generated Content
  1. Any content created by Users (e.g., voice recordings, pictures, or other materials) during their use of the Platform is owned by the Company. By using the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for educational and promotional purposes.  
  1. Content Creator Contributions
    1.  If you are a content creator contributing materials to the Platform (e.g., lesson plans, videos, or activities), you hereby:  
  1. Grant the Company an exclusive, transferable, and sublicensable license to use, reproduce, modify, and distribute your contributions.  
  2. Warrant that your contributions are original and do not infringe on any third-party rights.  
  3. Agree that the Company retains full ownership of any modifications or adaptations made to your contributions.  
  4. Data Protection and Privacy 
  1. Compliance with Laws
    1. We comply with all applicable data protection laws, including but not limited to:  
  1. The Children’s Online Privacy Protection Act (COPPA) in the United States.  
  2. The General Data Protection Regulation (GDPR) in the European Union.  
  3. The Data Protection Act, 2019 in Kenya.  
  1. Data Collection and Use
    1. We collect and process personal information only as necessary to provide the Platform’s services. This may include:  
  1. Users  name and age (provided by you). This includes the name and age of any child as authorised by a Parent or Legal Guardian.
  2. Voice recordings or pictures created during activities (not stored on the Platform).  
  3. Your contact information for account management and communication purposes.  
  1. Data Sharing
    1. We do not sell, rent, or share Users personal information with third parties except:  
  1. As required by law or legal process.  
  2. To protect the safety and security of our users.  
  3. With service providers who assist us in operating the Platform, subject to strict confidentiality obligations.  
  1. User Rights
    1. As a User, you have the right to:  
  1. Review any personal information collected..  
  2. Request the correction or deletion of such information.  
  3. Refuse further collection or use of your  information.  
  4. To exercise these rights, please email us at the address provided in our Contact Information.
  1. Cookies and Tracking
    1. The Platform uses cookies and similar tracking technologies to improve your browsing experience, analyse traffic patterns, and tailor content to your interests. These technologies help us understand how users interact with the Platform so we can enhance performance and functionality.
    2. We are committed to protecting your privacy. No cookies are used to collect personal information from children without appropriate consent, and all data collected through cookies is handled in accordance with applicable privacy and data protection laws. We do not use cookies to identify you personally unless you have voluntarily provided such information.
    3. By continuing to use the Platform, you consent to our use of cookies and similar technologies as described above. You may adjust your cookie preferences at any time through your browser settings. Please be aware that disabling certain cookies may limit your access to some features of the Platform.
  1. Security Measures 
    1. Platform Security
      1. We implement reasonable technical and organizational measures to protect the security and integrity of the Platform, including:  
  1. Encryption of data in transit and at rest.  
  2. Regular security audits and vulnerability assessments.  
  3. Restricted access to personal information on a need-to-know basis.  
  1. User Responsibility
    1. While we strive to maintain a secure environment, you acknowledge that no system is completely immune to security breaches. You agree to:  
  1. Supervise your child’s use of the Platform.  
  2. Notify us immediately of any unauthorized access or security concerns.  
  1. User Rights and Obligations
    1. Children’s Rights
      1. Children using the Platform have the right to a safe and respectful learning environment. Any concerns regarding inappropriate content or behavior should be reported to a parent/guardian or through the Platform’s reporting tools.  
  1. Parental Rights
    1. As a parent or legal guardian, you have the right to:  
  1. Access and manage your child’s account.  
  2. Terminate your child’s access to the Platform at any time.  
  3. Request the deletion of your child’s account and associated data.  
  4. Adult Rights
    1. Access, update, or delete your personal information in accordance with our Privacy Policy.
    2. Report any content or behavior that violates community guidelines or terms of service.
    3. Control your communication preferences, including opting in or out of promotional messages.
    4. Request the closure and deletion of your account and associated data at any time.
  1. Prohibited Activities
    1. You agree not to:  
  1. Use the Platform for any unlawful or unauthorized purpose.  
  2. Upload or share content that is offensive, abusive, or harmful.  
  3. Attempt to gain unauthorized access to the Platform or its systems.  
  1. Content Guidelines
    1. User-Generated Content
      1. Children may create content, such as voice recordings or pictures, during their use of the Platform. This content is not stored or shared and is solely for educational purposes.
  1. Prohibited Content
    1. Users are strictly prohibited from uploading or sharing any content that:  
  1. Violates applicable laws or regulations.  
  2. Infringes on the intellectual property rights of others.  
  3. Is inappropriate for children or violates our community standards.  
  1. Reporting Violations
    1. If you encounter any content that violates these guidelines, please report it to us immediately at the email address provided in our Contact Information.
  2. Disclaimers and Limitations of Liability
  1. No Warranty
    1. The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.  
  2. Educational Disclaimer
    1. The Platform is intended solely for educational and emotional development purposes. It is not intended to, and does not, constitute or substitute professional advice, diagnosis, treatment, or therapy of any kind, including—but not limited to—psychological, psychiatric, counseling, or medical services. The Platform does not provide crisis support or mental health intervention.
    2. By using the Platform, you acknowledge and agree that all content, tools, and services are general in nature and are not a replacement for consultation with qualified professionals. If you, your child, or anyone you know is experiencing emotional distress, mental health challenges, or any condition that may require professional care, you should seek help from a licensed therapist, psychologist, psychiatrist, or other appropriate healthcare provider.
    3. The Company and its operators expressly disclaim any and all liability for decisions made or actions taken based on the content or services provided through the Platform. Use of the Platform is at your own discretion and risk.
  1. Limitation of Liability
    1. To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with:  
  1. Your use of or inability to use the Platform.  
  2. Any unauthorized access to or use of your account or personal information.  
  3. Any content or conduct of third parties on the Platform.  
  1. Indemnification
    1. You agree to indemnify, defend, and hold  harmless the Company, its affiliates, subsidiaries, licensors, service providers, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and legal costs) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your infringement of any third-party rights, including intellectual property, privacy, or other proprietary rights; or (d) any unauthorized access to or misuse of your account. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate in the defense of such claims.
  1. Amendments to the Terms
    1. Updates
      1. We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Platform or notifying you via email.  
  1. Continued Use
    1. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the revised Terms.  
  2. Governing Law and Dispute Resolution
  1. Governing Law
    1. These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.  
  1. Dispute Resolution
    1. Any disputes, claims, or controversies arising out of or in connection with these Terms, including their validity, interpretation, performance, or termination, shall be exclusively and finally resolved through binding arbitration under the rules of the Nairobi Centre for International Arbitration (NCIA). The seat of arbitration shall be Nairobi, Kenya, and the proceedings shall be conducted in English by a single arbitrator appointed in accordance with NCIA rules. The costs of arbitration, including arbitrator fees and administrative expenses, shall be shared equally by both parties, unless the arbitrator determines otherwise in its final award. Each party shall bear its own legal fees and costs unless otherwise awarded by the arbitrator. The decision of the arbitrator shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. You expressly waive any right to pursue claims through class actions or other collective proceedings.
  1. REFUND POLICY
    1. Due to the digital nature of the services provided, all sales are considered final. However, the Company may, at its sole discretion, issue refunds under the conditions outlined below.
    2. Users may be eligible for a refund of a purchased course or digital product provided that:
      (a) a refund request is submitted in writing within fourteen (14) calendar days of the original purchase date; and
      (b) the User has not accessed or completed more than twenty percent (20%) of the course content, as determined by the Company’s learning management system.
    3. Refunds are not guaranteed and are issued at the sole discretion of the Company. 
    4. Refunds, where applicable, will be processed through the original payment method. Processing times may vary depending on your payment provider.
  2. Contact Information

For any questions, concerns, reports or requests regarding these Terms, please contact us at:  

Email:   hello@mind-ninjas.com

Phone:  +254 788097811 

Address:  Mind Ninjas Workspace, Lower Kabete Road, Nairobi, Kenya 

ACKNOWLEDGEMENT 

By using the Learning Room Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Use. If you are a parent or legal guardian, you further acknowledge that you are agreeing to these Terms on behalf of your child.  

The Change Catalyst.

Call: +254 788 097811
Email: hello@mind-ninjas.com
Location: My School (Montessori) LTD, Westlands, Lower Kabete Road, Opposite Sarit Centre.

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