Terms and Conditions
Summary
Kaya is run by the Humanitarian Leadership Academy (the Academy) - part of Save the Children Fund. By using this website, you confirm that you accept these terms and conditions and that you agree to comply with them. 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.
Description of Service
The Kaya platform offers online courses, information, and training materials including but not limited to humanitarian assistance and nonprofit topics. The Kaya platform enables Kaya users to do some or all of the following: view online content (e.g., in the form of text, images, video, flash); take online classes; connect with other users; participate in online discussions; create online communities pertaining to specific topics create and/or administer classes; and purchase services offered by Kaya and/or third party partners. Unless explicitly stated otherwise, any new features that augment or enhance the Kaya platform offering shall be subject to the terms and conditions of this Agreement.
Site access and account creation
Kaya can be accessed and used by Kaya users. All Kaya users are provided with personalized access to content as well as specific features, based on their profile, such as learning activity and records, and organisational permissions.
“Kaya users” are individuals for whom a Kaya user account is either: i) created when an individual becomes engaged with an institution which has a partnership with the Kaya platform; ii) updated when an individual’s existing Kaya account becomes affiliated with an institution which has a partnership with the Kaya platform; or iii) manually created by an individual registering on the Kaya platform and creating a user account.
In setting up a Kaya user account, you are required to enter certain information, such as your name, city/town, country and e-mail address, and create a username and password. Optional fields are available, in case you want to provide information relating to your organization or your interests.
You warrant that all such information provided by you is accurate, current, complete, and complies with your obligations under these terms and conditions. You also agree to maintain and update such information to keep it accurate, current and complete. You acknowledge that if any such information provided by you is untrue, inaccurate, not current or incomplete, the Academy reserves the right to terminate your use of Kaya.
Your access to the site is personal. You are not allowed to share details of the account that has been provided to you or created by you. You are responsible for all uses of your account, even if your account is used by someone else. Sharing account details may result in temporary or definitive suspension of your rights to use Kaya.
You acknowledge that the Academy may choose, but is not obligated, to make any inquiries, either directly or through third parties, that the Academy deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. The Academy reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity.
If you have any reason to believe that your account is no longer secure – if your password has been stolen, for instance – you should change your password as soon as possible. If you cannot access your account to change your password, notify us at kaya@humanitarian.academy.
All user names and passwords remain the property of Kaya and may be cancelled, changed or suspended at any time by Kaya without notice. Kaya is not under any obligation to verify the actual identity or authority of the user of any user name or password.
Age
When you provide your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent.
Civil behaviour
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.
Copyright
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.
If you create information on Kaya – whether as part of your profile, as a discussion or anything else – you are giving us permission to use it. We will not publish or share anything personal, like your email address. For more information on how we use your personal data, see our Privacy Policy.
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. You agree to review this agreement periodically to ensure you are aware of 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”).
By using the Kaya platform you agree to be legally bound by and comply with these terms of use, which shall take effect from your first use of the Kaya platform. If these terms and conditions are not accepted in full, you are not authorised to use the Kaya platform.
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.
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.
Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Kaya may contain links to other websites. These links are provided for your convenience and the Academy has no control over such websites, nor is it responsible for their content. Kaya’s Privacy Policy does not extend to any websites that can be accessed from Kaya. The inclusion of these links on Kaya does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. the Academy cannot guarantee the security of these sites, the operation of the links or that they will be virus-free.
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.
Copyright
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.
The status of The Academy (and that of any identified contributors) as the authors of any content on Kaya must always be acknowledged.
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.
If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the content in breach of these terms and conditions, your right to use Kaya will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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
Where you are invited to submit any contribution to the Academy (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the Academy a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Academy’s privacy policy. If you do not want to grant to the Academy the rights set out above, please do not submit your contribution.
Contributions must be your own, and 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: kaya@humanitarian.academy.
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, trojans, worms, logic bombs or other or any other similar software or programmes that be malicious or technologically harmful; 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; h) download any file posted by another user that the user knows, or reasonably ought to know, cannot be legally distributed in such manner; or i) attempt to gain unauthorised access to Kaya, the server on which Kaya is stored or any server, computer or database connected to the website; or j) attack Kaya via denial-of-service attack or a distributed denial-of-service attack.
The Academy reserves the absolute right to delete or modify any material posted to Kaya without notice to the user.
The Academy will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Kaya or to your downloading of any content, or any website linked to Kaya.
Reliance on information posted
Commentary and other materials posted on Kaya are not intended to amount to advice on which reliance should be placed. The information resources and learning or networking facilities on our site are intended as guides to good practice in the context of current regulatory requirements. It is not legal, business or financial advice. If you require specific advice on any particular situation, you should obtain your own legal, business or financial advice from independent solicitors or accountants.
The Academy therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to Kaya, or by anyone who may be informed of any of its contents.
The Academy updates Kaya regularly, and may change the content at any time. Any of the content on Kaya may be out of date at any given time, and we are under no obligation to update such material.
The Academy will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of Kaya.
Privacy Policy
We process information about you in accordance with our Privacy Policy.
By using Kaya, you warrant that all data provided by you is accurate.
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.
The Academy reserves the right to withdraw or amend the service it provides on Kaya without notice and will not be liable if for any reason Kaya is unavailable at any time or for any period.
From time to time, the Academy may restrict access to some parts of Kaya, or the entire Kaya platform, to Kaya users.
You are responsible for making all arrangements necessary for you to have access to Kaya. You are also responsible for ensuring that all persons who access Kaya through your internet connection are aware of these terms and conditions, and that they comply with them.
Jurisdiction and applicable law
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.
Software
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/
Contact us
Contact the Academy on:
email: kaya@humanitarian.academy