Terms and Conditions
Kaya is run by the Humanitarian Leadership Academy (the Academy) - part of Save the Children Fund. If you use the platform, you must agree to the terms and conditions, which you can find below. This summary explains what the terms and conditions ask of you. It is not intended to change or replace the formal terms and conditions.
You cannot share accounts on Kaya. Your account must be for you only, and only you should use it.
You must be over 18 to use the Kaya platform. If you are under 18, you must have your parent/guardian’s permission to use it.
You are expected to behave civilly here, and your contributions should be both relevant and tasteful. You should not behave in a way that would break English law or any other applicable laws, or that would cause harm of any kind to the platform or its users. The Academy takes no responsibility for your contributions or those of any other user.
Making the platform work
We have done everything we can to make the Kaya platform a pleasure to use, but we cannot promise that everything will always work. There might be problems with particular browsers or operating systems, or there might just be a technical glitch. Whenever we become aware of problems that make the platform difficult to use, we will work to fix them.
Everything you see on Kaya is copyright of the Academy unless otherwise stated. Some content has been shared by other organisations; this content is the copyright of the organisation who shared it.
Security and risk
The internet can never be 100% secure, though we have done everything we can to keep your data safe. You take responsibility for the risk of uploading or downloading anything to/from Kaya.
Where there are links to external websites on the platform, the Academy takes no responsibility for the content or security of those websites and does not formally endorse them or the organisations behind them.
Changing the terms and conditions
When things change – either with the platform or in law – we might need to update these terms and conditions. It is your responsibility to remain up-to-date, so we suggest you check back from time-to-time to check for any changes.
If there are notices on the platform that would override these terms and conditions – copyright for a particular course, for example – then the notice on the platform is the correct one.
Terms and Conditions
Kaya is a platform owned and provided by the Humanitarian Leadership Academy, which is part of the Save the Children Fund - a charity registered in England and Wales (213890) and Scotland (SC039570), and a registered company limited by guarantee (178159). Registered office 1 St John’s Lane, London, EC1M 4AR.
Access to and use of this platform (www.kayaconnect.org; “Kaya”) is provided by the Humanitarian Leadership Academy (“the Academy”).
You will defend, indemnify and hold harmless the Academy, its Trustees, employees and agents, from any and all claims, liabilities, damages, losses, or expenses, including legal costs, arising out of or in connection with any breach by you of these terms and conditions.
The Kaya platform is available for use by those over 18 only, or by those under 18 who have the consent of their parents or guardian. By accepting these terms and conditions, you agree that you are over 18 years old or that you have such consent, and that you will review these terms and conditions periodically.
Each user account must be used only by a single individual, and that individual must use the same whenever they access Kaya. Group accounts or other sharing of accounts is not permitted.
Use of the platform
For the purposes of this agreement, “content” means course material including, without limitation, elearning text, video, graphics and audio, files and various interactive activities, published on Kaya, whether copyright of the Academy or a third party.
The Academy does not warrant that the functions contained in this platform will be uninterrupted or error free, that defects will be corrected, or that this platform or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.
No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through Kaya is at your own risk.
Kaya, and any content provided by or through the platform, is provided ‘as is’ without any representations or any form of warranty (whether made expressly or implied by law). All implied warranties, terms and conditions of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, or otherwise, are excluded to the extent permitted by law.
Any third-party provider content is provided ‘as is’ and to the extent permitted by law, neither the relevant third party provider nor the Academy make any representations or warranties, express or implied, of any kind concerning such content.
To the extent permitted by law, the Academy will not be liable for any damages and direct, indirect or consequential losses, including, any damages arising from the use or loss of use of Kaya, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of Kaya or any content provided by or through Kaya, whether suffered or incurred by you or any third party.
Your use of any third party websites is at your own risk and subject to their respective terms and conditions and privacy policies.
Kaya may not be used in part or in full for commercial purposes without prior licence from the Academy.
You agree to use Kaya for lawful purposes only and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, Kaya.
All material on Kaya is the copyright of the Academy or third parties. You may view the content of this platform on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use Kaya content in any way except for non-commercial, personal or educational use, and then only if you do not remove or modify any trademark, copyright, or other notice displayed as part of the content. You also agree not to adapt, alter or create a derivative work from any of Kaya’s content except for non-commercial, personal or educational use, and then only if you do not remove or modify any trademark, copyright, or other notice displayed as part of the content. Any other use of Kaya content requires the prior written permission of the Academy.
The names, images and logos identifying the Academy or any other third parties referred to on Kaya and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Academy or any other third party.
The Academy reserves all rights not expressly granted in accordance with these terms and conditions.
Information you provide to us
Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. You agree that the Academy shall not be responsible for your or anyone else’s contributions to its platform or any form of social media. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact the Academy: email@example.com.
You agree not to do any of the following: a) defame, abuse, harass, stalk, threaten or otherwise violate the legal, moral, or human rights of others (such as rights of privacy and publicity); b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; c) upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidence) unless the user owns or controls the rights thereto or has received all necessary consents; d) upload or attach files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of another's computer; e) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; f) falsify the origin or source of software or other material contained in a file that is uploaded; g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or h) download any file posted by another user that the user knows, or reasonably ought to know, cannot be legally distributed in such manner. The Academy reserves the absolute right to delete or modify any material posted to Kaya without notice to the user.
Changes and conflicts
If there is any conflict between these terms and any rules and/or specific terms and conditions of use appearing on linked platforms or specific sections of Kaya, then the latter shall prevail.
The Academy reserves the right to change these terms at any time by posting changes online. Your continued use of Kaya after any changes are posted means you agree to be legally bound by these terms as updated and/or amended.
These terms and conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales, save where any specific terms and conditions of use on any linked platforms or specific sections of Kaya provide for a separate governing law and jurisdiction, in which case the latter shall apply.
Kaya is built on open source Totara Learn LMS software. Certain features and customisations are made available to Kaya under non-transferable license. For more information about Totara Learn, please visit: http://totaralearning.com/
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