Terms and Conditions

/Terms and Conditions
Terms and Conditions 2018-11-15T16:00:32-05:00

Terms & Conditions

Learning for Humanity’s goal is to offer the opportunity for high-quality education and training to the majority world and eventually to all humanity. Everything we do is with that goal in mind. To that end, we ask that all users of our services respect some simple, common-sense terms and conditions of use. Our intention with our terms and conditions is to make sure that everyone who uses our services has a fair and equal opportunity to obtain the highest-quality education we can offer.

In order to help make these Terms & Conditions understandable, each section will begin with a gray box stating, in plain English, the meaning of the section. Below the gray box the full Terms & Conditions will be stated in legally-appropriate language. While the gray boxes are meant to aid comprehension, they are not a replacement for the full legal text of these Terms & Conditions, and only the full legal text will be considered in any arbitration or other proceeding.

1. Definitions

Whenever the Terms & Conditions say ‘we’ they mean Learning for Humanity. ‘You’ means you, or more broadly, anyone using our services. ‘Services’, by the way, refers to anything Learning for Humanity provides as part of its business. And ‘content’ means anything you access through a service.

For purposes of these Terms & Conditions, the following definitions apply.

  • WE or US refers to Learning for Humanity and all subordinate organizations, including any affiliates insofar as they operate under agreement with Learning for Humanity.
  • YOU refers to the registered user(s) and/or account-holder(s), as applicable, for any Learning for Humanity service.
  • USER or USERS also refers to the registered user(s) and/or account-holder(s), as applicable, for any Learning for Humanity service.
  • SERVICE refers to the Tusitawi Cloud Learning Platform.
  • TUSITAWI refers to the Tusitawi Cloud Learning Platform.
  • CONTENT refers to any materials and/or media, in any medium or file format, which is made available on Tusitawi Cloud Learning Platform whether open-access or licensed.
  • TERMS & CONDITIONS refers to the full content of this document; this document may also be referenced as TERMS. Learning for Humanity’s Privacy Policy is also considered part of this document.

2. Applicable Law

Learning for Humanity is a Canadian company and, while we’ll try to respect the law wherever we operate, we have to respect Canadian law first. And, because we’re a Canadian company, if you want to take any kind of legal action against us, you have to do so in a Canadian court.

We make every reasonable effort to adhere to all applicable law in operation of our services. However, Learning for Humanity is a Canadian company and is itself bound by Canadian law. Therefore, these Terms & Conditions are governed, constrained, and applied under the law of the province of Ontario.

In the event of a dispute, disagreement, or legal action between you and Learning for Humanity, you agree that all claims and adjudication shall be governed by the law of Ontario in preference to that of any other jurisdiction. If you wish to file any sort of motion, claim, injunction, or other action against us, you agree to file and resolve it entirely in a court located in Ontario, Canada.

3. Changes to the Terms & Conditions

We change our Terms & Conditions from time to time to make them work better for everyone. When we do change them, we’ll tell you first, and we’ll give you a month’s notice for a major change. If we happen to change them in the middle of a legal dispute, the changes won’t count for resolving the dispute one way or the other.

From time to time, Learning for Humanity may change or update these Terms & Conditions. We do this both to improve the Terms & Conditions, and to remain in compliance with the laws and regulations of the different countries where we operate. If we do change these Terms & Conditions, we will make you aware that we have done so, and provide you with a clear summary of what we have changed, why, and what the changes mean for you. We will not reduce your rights under these Terms & Conditions without your explicit consent to do so.

If, at the time we implement any changes to these Terms & Conditions, you are involved in an ongoing arbitration, legal action, or other proceeding under these Terms & Conditions, any changes to these Terms & Conditions which occurred following the incident which is the subject of the ongoing proceeding will not be considered as valid when the result of the proceeding is adjudicated.

If Learning for Humanity is ever involved in a merger, acquisition or asset sale, such that these Terms & Conditions become null and void and are replaced with new Terms & Conditions at the discretion of the new controlling parties, we will both notify you, and provide you with a copy of the new Terms & Conditions, 30 calendar days in advance of the change.

4. Provision of Services

You can use Tusitawi in one of three ways, by yourself as an independent learner, as a member of a group such as a homeschooling group, or as the administrator of a group (families work like ‘groups’, with one parent being the administrator and the children being group members). This outlines the arrangement between us and each type of user, including what we promise, and what we ask in terms of payment:

  • Everyone gets to use Tusitawi content that’s part of their assigned classes.
  • There is a fee per student for access, which changes depending on the number of months you pay for at once
  • The price you pay for Tusitawi won’t change after the fact, as long as you don’t let your account lapse
  • The administrator of a group can purchase access to additional content on a monthly basis. An independent learner can do the same thing on his or her own behalf.
  • You can’t share your Tusitawi account with another person. If someone else wants to use Tusitawi, they have to get their own account.

Access to our services is granted to specific individuals. Access to our services may be purchased either singly or on behalf of a group. ‘Group’ is understood to mean any number of individuals acting together for purposes of access to Tusitawi. Groups may be formal or informal. As such, a group, for purposes of these Terms & Conditions, can include any public or private school, corporate body, homeschooling group, family, neighborhood association, or any other body, including groups formed for the sole purpose of purchasing collective access to Tusitawi.

In the event of a group purchasing access to our services, the personal account under which the initial purchase is made is understood to be the master account of the group in question. Only the master account of a group is permitted to purchase and allocate access periods, additional content, or other services for the members of the group in question. The individual responsible for managing the master account is known as the group administrator. We do not monitor, appoint, or accept any responsibility for the conduct of any group administrator except as such conduct is found to be in violation of these Terms & Conditions.

The submission of personal information and payment details to us through our online store or through the Tusitawi payment utility shall constitute a contract for the delivery of services between Learning For Humanity and the person named in the information submitted. The length of this contract shall be the length of time specified through our online store or through the Tusitawi payment utility.

Where a group purchases access to our services, the above contract shall instead be regarded as between Learning For Humanity and the group as a corporate body. If the group is not chartered, incorporated, or does not otherwise exist as a legal entity, the above contract shall instead be regarded as between Learning for Humanity and each individual named as part of the group during the purchasing process. If, prior to the expiry of the aforesaid contract, the period of access is extended through the purchase of additional periods, this shall constitute an extension of the contract created upon the initial purchase. You affirm that, by making such a purchase, you agree to the extension of the contract between you and Learning for Humanity. Learning for Humanity likewise affirms that we agree to extension of the contract under the aforesaid circumstances.

Our fee structure is subject to change based on the immediate circumstances of the client and of Learning For Humanity. The fees specified in the online store or the Tusitawi payment utility are considered fixed for the duration of the contract created upon purchase. Learning For Humanity will not adjust fees or impose additional charges during the period of a contract, except for the purchase of additional content as specified below. In particular, as long as the contract between Learning for Humanity and the client created at the time of that client’s initial purchase of services from Learning for Humanity, is extended by the purchase of additional access periods as outlined above, the initial fees paid per period of access shall not be changed by Learning for Humanity.

In all cases, access to our services is purchased for the exclusive use of the person(s) named in the above contract. Each individual named in the above contract, or if the contract is between Learning for Humanity and a corporate group, each member of the group, will be permitted to create an individual Tusitawi user account. Only the specific person by whom a user account is created is permitted to access Learning for Humanity services through that user account. Learning for Humanity may revoke or suspend access to a user account in the event that account is used by multiple persons to access our services.

Each individual’s access to our services includes a selection of content, curated by Learning For Humanity, to meet the specific educational needs of that individual, as determined by each individual’s grade level and educational focus. We make every reasonable effort to ensure that our content meets all applicable standards for quality and scope of education, as established by the ministries of education, school boards, and other educational officials in each country where we operate.

Access to additional content may be requested as desired by an individual or by the administrator of a group. Access to additional content may be subject to additional terms or fees as determined by Learning for Humanity and/or by the rights-holder of the content in question. In all cases these additional terms and fees will be clearly presented before content is purchased. In particular we require that all users understand and respect any licensing conditions which may apply to additional content.

5. Account Usage

A Tusitawi account includes access only for the specific people named when the account was registered. No one else is not allowed to use the account, and we can shut down your account (either for a time, or permanently) if the account is shared. If you’re a group administrator you have to make sure that no one else is using any of the accounts you’re responsible for. If you don’t, we might have to shut down all the accounts in your group.

A registered account is required in order to use any of our services. When an account is registered, a specific individual will be named as the owner of that account as outlined above under Provision of Services. Only the user named as the owner of a Tusitawi account is permitted to use that account to access our services. Each user agrees not to share information regarding the password and other security features of that user’s account, and agrees not to permit any other person to access our services through that user’s unique account.

If you are the group administrator as outlined above under Provision of Services, you accept responsibility for ensuring that each user’s account is accessed only by the account owner. Failure to limit access to an account to only the owner of that account shall constitute breach of contract, and is grounds for suspension or termination of the account, without refund of any payments made. Failure by an administrator to limit access to the account(s) under that person’s supervision to only the owner of those account(s) shall constitute breach of contract, and is grounds for suspension or termination of all accounts administered by the aforesaid administrator, without refund of any payments made.

6. Potentially-Offensive Content

We do our best to respect the culture and beliefs of all our users, but we can’t guarantee that no one will be offended by any of our content, especially if you request additional content from outside the standard stuff for your educational system. If something, you or your children see on our services, offends you for any reason, we’re sorry for that and we’ll block the content if you want us to. However, you accepted the risk of that happening when you signed up for Tusitawi, and you can’t get a refund for services you’ve already used or take legal action against us because of it.

We make every effort to ensure that the content we supply using our services is curated with respect to the age, culture, religious affiliation, and other considerations regarding the intended users of that content. However, we also recognize that taste and tolerance may vary from person to person within an age, cultural or religious group. You acknowledge that, in the course of using our services, you or your child or children may encounter material which you consider to be objectionable, false, or offensive. You agree to accept sole and entire liability for any loss or injury of any kind, whether physical, emotional, or any other form of loss or injury, to yourself, your child or children, or any third party, which arises from the material in any content accessed through our services.

Likewise, you acknowledge that in the event that you are responsible for administering a Tusitawi Cloud Learning System account on behalf of other users, and you request or purchase on your own initiative additional content from us, some or all of that content may be regarded, either by the users to whom you allow access to the additional content, or by members of those users’ families, communities, or religious institutions, as objectionable, false, or offensive.

In the event that any content provided through our services is regarded as objectionable, false, or offensive, by you, any other registered user, or any third party, we accept no liability for any damages or claims which may arise therefrom.

Within the requirements of applicable law, we will block or remove access to content which has been found offensive upon your request. If you request that we place such a block upon purchased content for reasons of offense, we will not issue any refund, reimbursement, or any other form of compensation for the period of access which you are currently using at the time of the issuance of the request. In the case of content which is purchased in units of time, whether weekly, monthly, annually, or any other period, and where you have made payment in advance of the period you are currently using, we will refund any such advance payments.

7. Conduct

  1. Don’t be cruel to others in word or deed
  2. Don’t pretend to be someone you’re not, or part of a group to which you don’t belong
  3. Don’t use our services to do anything illegal
    1. That includes posting or viewing any kind of content considered obscene or illegal where you live
  4. Don’t use our services to spy on people, send them stuff they don’t want, sell stuff, cheat people, or expose people’s personal information
  5. If anyone breaks this code of conduct, we’re not responsible for that, although we will ban them if warranted, and tell the police if what they did was illegal

We ask that all our users conduct themselves in a respectful and civil manner. We require that all our users adhere to the following standards of conduct during any use of our services.

  • Do not harass or abuse other users in any form which limits, disrupts, or discourages their use of our services, or which is discriminatory in any manner.
  • Do not use our services to transmit, distribute, or cause to be transmitted or distributed any material which endorses or encourages any form of discrimination against any person by virtue of ethnicity, cultural background, religion, gender identity, sexual orientation, personal belief, mode of employment, education level, or any other personal characteristic.
  • Do not use our services to transmit, distribute, or cause to be transmitted or distributed unwanted solicitations, or advertising, or chain mail, or other forms of unwanted and unwelcome communications.
  • Do not infringe upon the privacy rights of others, which includes but is not limited to, soliciting or supplying personal information regarding any other person and soliciting or supplying personal information regarding any person under the age of majority as defined by applicable law in that person’s place of residence, unless written consent is obtained to do so.
  • Do not use our services to impersonate another person, or to misrepresent yours or another person’s affiliation with any person, agency, or entity.
  • Do not use our services to intentionally and knowingly transmit, distribute, or cause to be transmitted or distributed any information or communication whose principal intent is to defraud, impersonate, or otherwise deceive.
  • Do not use our services to intentionally and knowingly transmit, distribute, or cause to be transmitted or distributed any malicious software or other code, including but not limited to viruses, malware, adware, spyware, ransomware, worms, or Trojan horses.
  • Do not use our services to facilitate, engage in, or otherwise perform or aid in performing any form of act which is illegal under applicable law.
  • Do not use our services to copy, download or otherwise distribute, or to facilitate or otherwise aid in copying, downloading or otherwise distributing any material for which you are not the legal copyright holder, or for which you have not been granted the right to distribute by the legal copyright holder.
  • Do not use our services to transmit, distribute, or cause to be transmitted or distributed any material which is considered illegal or obscene under applicable law.

If you are found in violation this code of conduct, we reserve the right to respond by immediately and without notice terminating your use of our services, either permanently or for a period of time, without refund of any payments made, and to take any other measures which are merited by the violation and/or required of us by applicable law.

Learning for Humanity is not responsible for, and accepts no liability for, the conduct of our users if such conduct is found in violation of this code of conduct or any other part of these Terms & Conditions.

8. Handling of Personal Information

We will do our absolute best to keep any personal information you give us secure, no matter where in the world the servers we store it on are located.

We commit to secure, safe, and responsible handling of any personal information which you, either directly or indirectly, make available to us as a result of your use of our services. We will follow all procedures and conditions outlined in our Privacy Policy with respect to your personal information.

You acknowledge that we may, as a result of our normal operations, transfer, store, or handle personal information you supply to us in a server or servers located elsewhere than your home country or current place of residence, and you grant us permission to do so.

We make every effort to adhere at all times both to all applicable law and to our Privacy Policy regarding the handling, storage, transfer and security of personal information. We will continue to do so regardless of the physical location of our server facilities.

9. Content-specific Permissions

Our services only show you content, and anything you access on our services will generally have its own restrictions on what you can and cannot do with it. You must respect those permissions. We’re not responsible if you don’t.

The services we provide are aggregates of content only. Even in the case of content which is made publicly-available under a Creative Commons (‘CC’) license, the GNU Public License (‘GPL’) or other open-access license, content available through our services remains the property of its legal rights holder, and is made available under conditions which may vary from item to item.

Content we make available to you through the Tusitawi Cloud Learning System will always be licensed for personal, educational use. If you purchase access to additional content through our services, whether the purchase is made by you directly or by a third party acting on your behalf (as outlined above under Provision of Services), you are not granted any permissions other than personal educational use except as any license specific to the purchased content grants you such permission. We require that any use you make of content provided through our services above and beyond the specific purposes for which the content is made available to you is done with complete adherence to the specific permissions granted or withheld by the license specific to the content in question.

In particular, before reproducing, downloading, or copying any content from our services in any way, you must first confirm that the rights holder has granted permission for the use you intend to make of the content in question.

By reproducing, downloading, or copying any content from our services in any way, you affirm that you have confirmed that the rights holder has granted permission for the specific use you are making of the content, and accept full responsibility if you are later found in violation of the rights regarding use of that content.

10. Disclaimer of Reliability

You can learn a lot through our services. You can even get access to medical, legal, and other information that’s as up-to-date as we can make it. But this information is not intended to replace the services of a trained lawyer, doctor, or other professional. No matter how much you’ve learned through our services, please don’t try to be your own lawyer, doctor, or anything else. We’re not responsible for anything that happens if you do.

While we make every effort to ensure that the content we provide through our services is up-to-date, accurate, and reliable, no part of our services is an acceptable substitute for the services of professionals in the relevant fields. In the event you require medical, legal, psychiatric, or any other form of professional advice, counsel, or service, consult a professional in the relevant fields. We are not responsible for any loss or injury, to yourself or to any other person, agency, or entity, which may arise if you attempt to use content provided by our services to substitute for such professional assistance.

We make no claim to any standing as a professional in any field of medical, legal or psychiatric practice. Content created by us, whether courseware, classes, related resources, or in any other form, does not and should not be understood to comprise professional advice. Our content is intended for educational use only, and we do not recommend, endorse or approve of any use of our content or services for any purpose other than to supplement formal education.

11. Non-Accreditation

Tusitawi is not an official school. While you can learn a lot from Tusitawi, you can’t get an official degree through us. To get that, you need to use Tusitawi to supplement your education in an officially-recognized institution of learning. Using Tusitawi alone doesn’t give you the right to call yourself high-school or college-educated, for example. We’re not responsible for anything that happens if you do.

We hereby disclaim any association with or certification by any educational ministry, school board, elementary or secondary school, college, university, trade school, or any other institution for education or vocational training. Learning for Humanity has no power to grant a diploma, certificate, degree, or other form of accreditation to any person.

You acknowledge and affirm that you will not claim any educational status, official certification, legal or vocational standing, or any other status or merit, if such a claim is based solely on your use of our services. If you falsely claim educational status in despite of these Terms and Conditions, we accept no liability for any claims or damages, to you or any third party, which may arise therefrom.

12. External Links

It’s very unlikely, but possible, that some content provided through our services will include links to website outside our system. We’re not responsible for the accuracy, content, morality, or quality of anything not on our servers. We don’t recommend any content outside our system.

While uncommon, it is not impossible for content accessed through one of our services, particularly applications, to include links to websites or other external resources not under the control of Learning for Humanity. You acknowledge that, in the event you or your child or children access an external website through a Learning for Humanity service, we are not responsible for the content, security or safety of such access. We do not review, curate, endorse, or otherwise control access to external content through our services, nor do we have any responsibility to do so. You agree that we cannot be held legally or contractually responsible for the value, permissions, or other circumstances arising if you or your child or children access content external to Tusitawi using the Tusitawi system.

13. Other Considerations

We can choose to let violations of these Terms & Conditions slide at our discretion. If we do, that doesn’t make the Terms & Conditions as a whole invalid, and we can choose to pursue the same violation if it occurs again. The same applies to you; just because you choose not to insist on a right the Terms & Conditions gives you doesn’t mean you’ve given up the right entirely. If part of the Terms & Conditions is invalid, it doesn’t negate the rest of them. And these Terms & Conditions were written first in English, so the English version is considered authoritative if, for whatever reason, there’s a difference in meaning between the English version and a version in any other language.

We reserve the right to enforce these Terms & Conditions, wholly and in part, as we see fit, giving due consideration to circumstance and to the requirements of all law applicable to Our operations. In particular, if we choose at any specific time to forego enforcing any part of these Terms & Conditions, that non-enforcement shall not be construed as nullifying or suspending these Terms & Conditions, either wholly or in part.

In the same way, if in any specific circumstance you choose to forego insistence upon your rights as outlined in these Terms & Conditions, that shall not be construed as a waiver or forfeiture of your rights as outlined in these Terms & Conditions.

If any provision or part of a provision of these Terms & Conditions is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and will be enforced to the maximum extent permissible, and all other provisions of these Terms & Conditions will remain in full force and effect.

In the event of a disparity between the English version of these Terms & Conditions and any other version, the English version shall take precedence.

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