Terms

Thank you for choosing FastLearner.

FastLearner’s products and services are provided by FastLearner, a subsidiary company of the Charleson Group. These Terms of Use (“Terms”) govern your use of FastLearner’s website, apps, and other products and services (“Services”).

By using this Website, you agreed to accept all terms and conditions written in here. If you have any questions about any of the below written clauses, please contact us via support@fastlearner.co.ke or support@charlesongroup.co.ke

Intellectual Property Rights

Other than the content you own, under these Terms, FastLearner and/or its licensors own all the intellectual property rights and materials contained in this website.

You are granted limited license only for purposes of viewing the material contained on this website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any website material;
  • publicly performing and/or showing any website material;
  • using this website in any way that is or may be damaging to FastLearner;
  • using this website in any way that impacts user access to FastLearner;
  • using this website contrary to applicable laws and regulations, or in any way may cause harm to FastLearner, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;
  • using this website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and FastLearner may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these general Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant FastLearner a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. FastLearner reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy.

No warranties

This Website is provided “as is,” with all faults, and FastLearner express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall FastLearner, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  FastLearner, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent FastLearner from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

FastLearner is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

FastLearner is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between FastLearner and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Kenya, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Kenya for the resolution of any disputes.

FastLearner respects the intellectual property rights of our Content Providers, tutors, and other third parties and expects our users to do the same when using our Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

If you believe in good faith that materials on the Services infringe your copyright, you may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FastLearner to locate the material on the Services;
  4. the name, address, telephone number, and email address (if available) of the complaining party;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices with respect to the Services can either be sent:

  1. via mail: FastLearner, Charleson Group,  34193 – 00100, Nairobi, Kenya
  2. via email: copyright@fastlearner.co.ke

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

FastLearner also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by FastLearner’s in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at copyright@fastlearner.co.ke, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Our policies differ between subscription payments and one-time payments made for courses and partner courses, these payment options may vary from one Service to another.

For Monthly Subscriptions

FastLearner does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your 14-day free trial ends. If you complete a course during the free trial period, FastLearner reserves the right to require you to pay for a one-month subscription in order to receive a Course Certificate.

If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Fast Enterprise

To get a full refund of your Fast Enterprise subscription payment, submit a refund request via enterprise@fastlearner.co.ke within 14 days of your payment. Refunds will not be provided if requested after this 14-day period.

Your Fast Enterprise subscription will continue for the subscription period identified at the time of your purchase and then automatically renew unless and until you cancel your subscription or the subscription is suspended or discontinued by FastLearner.

If you cancel your subscription after the first 14 days of your subscription period, you will continue to have access until the end of the subscription period and will not be billed for the next billing cycle.

For One-time Courses

If you cancel your paid enrollment for a single purchase course, FastLearner will offer you a complete refund until 14 days after payment, or until you have earned your Course Certificate, whichever is earlier. Once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 14 days.

For Degree, Masters and Other Certificate Programs

Refund policies for diploma, degree and masters programs are established and administered by the university partner offering the program. Refund policies are communicated to students by FastLearner’s university partners.

These Terms govern the relationship between FastLearner and instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our website, apps, and other products and services (“Services”)

As an instructor, you are hereby an independent contractor of FastLearner (a subsidiary of the Charleson Group).

Your Obligations

As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements (“Submitted Content“).

You represent and warrant that:

  • you will provide and maintain accurate account information;
  • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize FastLearner to use your Submitted Content as specified in these Terms and the Terms of Use;
  • your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
  • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
  • you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:

  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
  • use the Services for business other than providing tutoring, teaching, and instructional services to students;
  • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
  • frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
  • impersonate another person or gain unauthorized access to another person’s account;
  • interfere with or otherwise prevent other instructors from providing their services or courses; or
  • abuse FastLearner’s resources, including support services.

License to FastLearner

You grant FastLearner the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, FastLearner’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. 

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant FastLearner permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or FastLearner’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

Safety

Safety Policies

We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

  • an instructor or course does not comply with our policies or legal terms (including the Terms of Use);
  • a course falls below our quality standards or has a negative impact on the student experience;
  • an instructor engages in behavior that might reflect unfavorably on FastLearner or bring FastLearner into public disrepute, contempt, scandal, or ridicule;
  • an instructor engages the services of a marketer or other business partner who violates FastLearner’s policies; or
  • as determined by FastLearner in its sole discretion.

Co-Instructors and Teaching Assistants

FastLearner allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your FastLearner account and courses. FastLearner is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.

Relationship to Other Users

Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the FastLearner platform, and that you won’t solicit additional personal data or store students’ personal data outside the FastLearner platform. You will indemnify FastLearner against any claims arising from your use of students’ personal data.

Anti-Piracy Efforts

We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint FastLearner and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes  and for other efforts to enforce those rights. You grant FastLearner and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that FastLearner and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to copyright@fastlearner.co.ke from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

Pricing

Price Setting

When creating a course, you will be prompted to select a base price (“Base Price“) for your course from a list of available price tiers. Alternatively, you may choose to offer your course for free. As a premium instructor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).

If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).

When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by FastLearner.

You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.

Taxes

If a student purchases a product or service in a country that requires FastLearner to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.

Payments

Revenue Share

When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by FastLearner from the student (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, a 4% administrative and handling fee for any non-mobile-app sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).

The instructor revenue share will be 50% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.

FastLearner makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).

Receiving Payments

For us to pay you in a timely manner, you must own a PayPal account in good standing and must keep us informed of the correct email associated with your account.We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.

As an instructor, you are responsible for determining whether you are eligible to be paid by a Kenyan company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

Refunds

You acknowledge and agree that students have the right to receive a refund, as detailed in the Refund Policy. Instructors will not receive any revenue from transactions for which a refund has been granted under the Refund Policy.

If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s courses.

Deleting Your Account

Read instructions on how to delete your instructor account before doing so. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our instructors@fastlearner.co.ke.

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

Relationship Between Us

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