(These Terms of Conditions ("Terms") were last updated on 1 June, 2020)
Loolla's mission is to make learning and teaching accessible to anyone. We enable anyone to create and share learning content / courses (instructors) and to access these learning content / courses to learn (learners or students). We consider our website as an easy and affordable platform / learning network for anybody to teach anyone and everybody to learn from everyone through publishing of learning content / courses as well as through group interactions and exchanges. We put in place rules and guides to keep our learning network and services safe for you, us and our student / learner / member and instructor community. These Terms apply to all your activities on the Loolla's website and other related services (“Services”).
Table of Contents
- Accounts & membership
- Course Enrollment and Access
- User Content
- Payments, Credits, and Refunds
- Links to other websites
- Prohibited uses
- Intellectual property rights
- Limitation of Liability
- Changes and amendments
- Acceptance of these terms
- Contacting us
1. Accounts and membership
If you create an account on the Loolla, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You need an account for most activities on Loolla, including to purchase and enroll in a course or to submit a course / content for publication. 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. 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 are responsible for what happens with your account and Loolla will not intervene in disputes between students / learners / members or instructors on disputes and matters relating to 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 team at [email protected] We may request some information from you to confirm that you are indeed the owner of your account.
Students / learners / members and instructors must be at least 18 years of age to create an account on Loolla and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live, 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 you are below this age of consent to use online services, you may not create a Loolla account. If we discover that you have created an account that violates these rules, we will terminate your account.
2. Course Enrollment & Access
Under our Instructor Terms, when instructors publish a course on Loolla's, they grant Loolla's a perpetual license to offer a license to the course to students / learners / members. This means that we have the right to sublicense the course to the student / members who enroll in the course. As a student / member, when you enroll in a course, whether it’s a free or paid course, you are getting a license from Loolla's learning network to view the course via Loolla's platform and Services, and Loolla 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, Loolla's grants you (as a student / member) 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 Loolla's authorized representative.
3. User content
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you.
By posting courses and other content - ONLY those that you make publicly available -, you allow Loolla 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 make publicly available your post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Loolla 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. All post, content, comments and reviews that you indicate as private - via the platform or in any communication with us - will be kept private and shall not be distributed without your consent.
In legal language, only by publicly posting content, comments and reviews 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 Loolla for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. For content, post, comments and review that you make publicly available, 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 publicly available content with no compensation paid to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
4. Payments, Credits and Refunds
The prices of courses / subscriptions / packages on Loolla's are determined based on the terms of the Instructor Terms and our prevailing promotional policies. In some instances, the price of a course offered on the Loolla's website may not be exactly the same as the price offered on other platforms or services or in different countries, due to different pricing systems and the policies around implementing sales and promotions.
The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout).
You may view and set the course price according to the currency which you preferred. However if you purchase any course or receive any revenue from sales of courses, do note that there are related exchange fees.
If you are a student / member 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 if demanded upon us. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
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 payment.
4.3 Refunds and Refund Credits
If the course you purchased is not what you were expecting, you can request, within 24 hours of your purchase of the course, that Loolla 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 and other factors. No refund is due to you if you request it after the 24-hour 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 30-day limit. Loolla also reserves the right to refund students / learners / members beyond the 30-day limit in cases of suspected or confirmed account fraud.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
6. Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Loolla will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
7. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
8. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Loolla or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Loolla. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Loolla or Loolla licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Loolla or third-party trademarks.
9. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Loolla, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Loolla has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Loolla and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Loolla for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Loolla and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
12. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes.
13. Acceptance of these terms
14. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected]
This document was last updated on June 1, 2020.