TERMS OF USE

DARASA ONLINE LTD.

These Terms of Use were last updated on February 25, 2020.

1. Introduction

THESE TERMS OF USE (“TERMS”) BIND YOU, THE COMPANY YOU REPRESENT, AND THE COMPANY THAT REGISTERED YOU (COLLECTIVELY “YOU”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF DARASA ONLINE LTDs (“OUR”, “WE”, “US”, OR “DARASA ONLINE”) SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS APPLE TV, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR “SERVICES”). BY USING ANY OF THE DARASA ONLINE SERVICES OR CLICKING ON THE “SIGNUP” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLICK ON THE “X” BUTTON AND DO NOT USE THE DARASA ONLINE SERVICES. DARASA ONLINE’s ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY DARASA ONLINE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Pre-arbitration clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH DARASA ONLINE THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 18.

Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

2. Additional Agreements

Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.

Additionally, if You are an Instructor (as defined below), You are also subject to the Instructor Terms, which are hereby incorporated by reference into these Terms. If You are an Instructor, and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will prevail.

3. General

Our Services enable students (“Students”) to connect with independent contractor instructors (the “Instructors”, collectively with Students, the “Users”) who provide live and recorded instruction, tutoring, and learning services (the “Courses”) via Our Services. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking questions and/or feedback from Users.

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 Darasa Online 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 to these Terms, 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. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.

Darasa Online may modify the Services or discontinue their availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card, Paypal or Mobile Money payment information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Darasa Online to charge Your credit card, Paypal or Mobile Money wallet at time of purchase or on a regular basis to pay the fees as they are due.

If Your payment method fails or Your Account is past due, We may also block Your access to any Services pending resolution of any amounts due by You to Darasa Online.

All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside. If You use the Services or Third Party Platforms (as defined in the next section) You must agree to abide by all local rules regarding online conduct and acceptable content.

4. General Disclaimer

The Services are only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and the Students who purchase an Instructor’s Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.

Darasa Online does not screen submitted content. We have limited control of Submitted Content (as defined below) posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, Darasa Online may expose You to Submitted Content that You consider offensive, indecent, or objectionable. Darasa Online has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

The Services may give You access to links to third party platforms (“Third Party Platforms”), either directly or through Courses or Instructors. Darasa Online does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, Darasa Online does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect Your personal information and privacy on such Third Party Platform.

5. Conduct

You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree not to use the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Services.

6. Specific Obligations of Instructors

Please see Instructor Terms.

7. Specific Obligations of Students

As a Student, You represent, warrant and covenant that:

7.1 You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.

7.2 You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.

7.3 You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.

7.4 You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, discriminatory, defamatory or libelous content or information.

7.5 You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable.

7.6 You will not frame or embed the Services to circumvent the Services.

7.7 You will not impersonate another person or gain unauthorized access to another person’s Account.

7.8 You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.

7.9 You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.

7.10 You will not solicit personal information from any Instructor or other Student.

Students understand and agree that Instructors from whom Students may have purchased Course(s) may choose to terminate their Accounts with Darasa Online and become inactive. Darasa Online does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.

8. Registration

To use certain Services, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, User Name, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time.

9. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Darasa Online provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is “Company Content”. Content uploaded, transmitted or posted to the Services by a User is “Submitted Content”. Content remains the proprietary property of Darasa Online and is protected, without limitation, pursuant to Kenya and foreign copyright and other intellectual property laws.

Darasa Online hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company 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 particular Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed in section 15 below.

All rights not expressly granted in these Terms are retained by Darasa Online and these Terms do not grant any implied licenses.

You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or Third Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Darasa Online’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.

10. Pricing, Payment & Taxes

10.1. Pricing.

Pricing of Darasa Online Courses is determined in accordance with the terms set forth in Our Instructor Terms. If You are a Student, You agree to pay the fees for Courses that You purchase, and hereby authorize Us to charge Your credit card, Paypal account or Mobile Money wallet for such fees.

10.2. Payment.

All payments are made to Darasa Online Ltd.

10.3. Taxes.

In the event that the sale or delivery of a Course or any Submitted Content to any Student in East Africa is subject to any value added tax (“VAT”), under applicable law, Darasa Online will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in East Africa.

All Other Countries. For sales of any Courses or Submitted Content in countries other than the East Africa, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). Darasa Online is unable to provide You with tax advice and You should consult Your own tax advisor.

10.4. Rounding Off.

Darasa Online may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest KSh.,TZS.  or other supported currency); for example, Darasa Online will round up an amount of KSh. 231.50 to KSh. 232.00.

10.5. Foreign Currency.

When browsing without logging in to Your Account, the Services will default the Sale Currency to the currency used in the geographic location of the submitted content. When you are logged in to Your Account, the Sale Currency will be based on Your geographic location as set by the system.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

 10.6. Refunds.

All sales on Darasa Online are final. Darasa Online does not offer Students money back guarantee on Courses that are purchased on the Darasa Online website (at

11. Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to Kenya and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

12. Warranty Disclaimer

THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARASA ONLINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DARASA ONLINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF DARASA ONLINE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

13. Limitation of Liability

NEITHER DARASA ONLINE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DARASA ONLINE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO DARASA ONLINE IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND DARASA ONLINE OR A REPRESENTATIVE OF DARASA ONLINE CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although Darasa Online attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services’ completeness or correctness. In the event that a situation arises in which the Services’ completeness or correctness is in question, please submit a request to support@darasaonline.com (with the subject line “Inaccuracies in Services on Third Party Platform Name”) with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see our Intellectual Property Policy.

System Outages. Darasa Online periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Darasa Online has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

14. Indemnification

You hereby indemnify, defend and hold harmless Darasa Online, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 14, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

15. Termination

Darasa Online reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:

15.1 If You breach or violate any of these Terms or any of Our applicable policies, as posted on Darasa Online Policies page from time to time, Darasa Online may take action immediately (pursuant to section 15, “Online Testing Instructor Terms”). If We take action pursuant to this section, We shall not have any liability to You for any Course(s) or Content You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;

15.2 We may also take action for any reason or no reason, in which case We will provide prior notice to You (pursuant to section 15, “Online Testing Instructor Terms”). If We take action pursuant to this section, (a) if You are a Student We will refund You for any access lost to Course(s) and Content that You may have purchased that have not expired; and (b) If You are an Instructor, any such termination will also terminate Your right to further offer new Course(s) and Content through Our Services, and Darasa Online will pay all outstanding amounts owing to You up to termination date. Students who purchased your Course or Content will retain access to the Course or Content until the end of the applicable subscription.

Student may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account. Instructors must submit an official letter to Darasa Online with their intent to terminate their engagement with Darasa Online. The letter has to be sent by email to support@darasaonline.com with subject line “Termination of Engagement”.

We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Services and Content. Any accrued rights to payment, will survive any termination or expiration of the Agreement (pursuant to section 15, “Online Testing Instructor Terms”).

16. Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Darasa Online Ltd. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, Online Testing Instructor Terms and Instructor Terms).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

17. Electronic Notices

By using Our Services or communicating with Darasa Online, You agree that Darasa Online may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Darasa Online learns of a security system’s breach, Darasa Online may attempt to notify You electronically by posting a notice through the Services or sending an email to You.

18. Miscellaneous

Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Darasa Online to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Darasa Online nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of Kenya without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in Kenya.

19. Agreement to Arbitrate and Class Action Waiver

Before bringing a formal legal case, please first try contacting our support team at support@darasaonline.com. Most disputes can be resolved that way.

We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, You and Darasa Online agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

In addition, if You or Darasa Online brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Darasa Online may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor Darasa Online can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between You and Darasa Online relating to the Services that involve a claim of less than KES. 1,000,000 must be resolved exclusively through Arbitration.   A Party wishing to declare a dispute shall deliver to the other Party a written notice identifying the disputed issue in reasonable detail.  Should the parties fail to resolve the dispute amicably within ninety (90) days of being serviced the notice the parties shall refer the matter to arbitration pursuant to the Arbitration laws of Kenya. In addition, You and Darasa Online agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and Darasa Online relating to the Services that involve a claim of less than KSh. 1,000,000 must be resolved in accordance with the Arbitration laws rules about whether the arbitration hearing has to be in-person. Disputes arising from or in connection with this Agreement shall be resolved amicably failing which, an aggrieved party may take court action. All other disputes above KSh. 1,000,000 arising or in connection with the Services shall be resolved amicably failing which, an aggrieved party may take court action and the courts of Kenya shall have exclusive jurisdiction.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Darasa Online changes this “Agreement to Arbitrate and Class Action Waiver” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Darasa Online written notice of such rejection by mail or hand delivery to: Darasa Online Ltd Attn: Legal, 12 Standard Street, Lonrho House Mezzanine, P.O. Box 25162-00603 Nairobi Kenya, or by email from the email address associated with your Account to: support@darasaonline.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Darasa Online in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

CYBER SECURITY POLICY

DARASA ONLINE LTD.

This Cyber Security Policy was last updated on February 20, 2020.

Any version of this Cyber Security Policy in a language other than English is provided for convenience and You understand and agree that the English language will prevail if there is any conflict with any non-English versions.

Our company cyber security policy outlines our guidelines and provisions for preserving the security of our data and technology infrastructure.

The more we rely on technology to collect, store and manage information, the more vulnerable we become to severe security breaches. Human errors, hacker attacks and system malfunctions could cause great financial damage and may jeopardize our company’s reputation.

For this reason, we have implemented a number of security measures. We have also prepared instructions that may help mitigate security risks. We have outlined both provisions in this policy.

You should not use the Services if You do not agree with this Cyber Security Policy, Our Terms of Use and any other agreement or policy that governs Your use of the Services.

Scope

This policy applies to all our employees, contractors, volunteers and anyone who has permanent or temporary access to our systems and hardware.

Confidential data

Confidential data is secret and valuable. Common examples are:

• Unpublished financial information
• Data of customers/partners/vendors
• Patents, formulas or new technologies
• Customer lists (existing and prospective)

All employees are obliged to protect this data. In this policy, we will give our employees instructions on how to avoid security breaches.

Protect personal and company devices

When employees use their digital devices to access company emails or accounts, they introduce security risk to our data. We advise our employees to keep both their personal and company-issued computer, tablet and cell phone secure. They can do this if they:

• Keep all devices password protected.
• Choose and upgrade a complete antivirus software.
• Ensure they do not leave their devices exposed or unattended.
• Install security updates of browsers and systems monthly or as soon as updates are available.
• Log into company accounts and systems through secure and private networks only.

We also advise our employees to avoid accessing internal systems and accounts from other people’s devices or lending their own devices to others.

When new hires receive company-issued equipment they will receive instructions for:

• [Disk encryption setup]
• [Password management tool setup]
• [Installation of antivirus/ anti-malware software]

They should follow instructions to protect their devices and refer to our [Security Specialists/ Network Engineers] if they have any questions.

Keep emails safe

Emails often host scams and malicious software (e.g. worms.) To avoid virus infection or data theft, we instruct employees to:

• Avoid opening attachments and clicking on links when the content is not adequately explained (e.g. “watch this video, it’s amazing.”)
• Be suspicious of clickbait titles (e.g. offering prizes, advice.)
• Check email and names of people they received a message from to ensure they are legitimate.
• Look for inconsistencies or give-aways (e.g. grammar mistakes, capital letters, excessive number of exclamation marks.)

If an employee isn’t sure that an email they received is safe, they can refer to our [IT Specialist.]

Manage passwords properly

Password leaks are dangerous since they can compromise our entire infrastructure. Not only should passwords be secure so they won’t be easily hacked, but they should also remain secret. For this reason, we advice our employees to:

• Choose passwords with at least eight characters (including capital and lower-case letters, numbers and symbols) and avoid information that can be easily guessed (e.g. birthdays.)
• Remember passwords instead of writing them down. If employees need to write their passwords, they are obliged to keep the paper or digital document confidential and destroy it when their work is done.
• Exchange credentials only when absolutely necessary. When exchanging them in-person isn’t possible, employees should prefer the phone instead of email, and only if they personally recognize the person they are talking to.
• Change their passwords every two months.

Remembering a large number of passwords can be daunting. We will purchase the services of a password management tool which generates and stores passwords. Employees are obliged to create a secure password for the tool itself, following the above mentioned advice.

Transfer data securely

Transferring data introduces security risk. Employees must:

• Avoid transferring sensitive data (e.g. customer information, employee records) to other devices or accounts unless absolutely necessary. When mass transfer of such data is needed, we request employees to ask our [Security Specialists] for help.
• Share confidential data over the company network/ system and not over public Wi-Fi or private connection.
• Ensure that the recipients of the data are properly authorized people or organizations and have adequate security policies.
• Report scams, privacy breaches and hacking attempts

Our [IT Specialists/ Network Engineers] need to know about scams, breaches and malware so they can better protect our infrastructure. For this reason, we advise our employees to report perceived attacks, suspicious emails or phishing attempts as soon as possible to our specialists. Our [IT Specialists/ Network Engineers] must investigate promptly, resolve the issue and send a companywide alert when necessary.

Our Security Specialists are responsible for advising employees on how to detect scam emails. We encourage our employees to reach out to them with any questions or concerns.

Additional measures

To reduce the likelihood of security breaches, we also instruct our employees to:

• Turn off their screens and lock their devices when leaving their desks.
• Report stolen or damaged equipment as soon as possible to [HR/ IT Department].
• Change all account passwords at once when a device is stolen.
• Report a perceived threat or possible security weakness in company systems.
• Refrain from downloading suspicious, unauthorized or illegal software on their company equipment.
• Avoid accessing suspicious websites.

We also expect our employees to comply with our social media and internet usage policy.

Our [Security Specialists/ Network Administrators] should:

• Install firewalls, anti malware software and access authentication systems.
• Arrange for security training to all employees.
• Inform employees regularly about new scam emails or viruses and ways to combat them.
• Investigate security breaches thoroughly.
• Follow this policies provisions as other employees do.

Our company will have all physical and digital shields to protect information.

Remote employees

Remote employees must follow this policy’s instructions too. Since they will be accessing our company’s accounts and systems from a distance, they are obliged to follow all data encryption, protection standards and settings, and ensure their private network is secure.

We encourage them to seek advice from our [Security Specialists/ IT Administrators.]

Disciplinary Action

We expect all our employees to always follow this policy and those who cause security breaches may face disciplinary action:

• First-time, unintentional, small-scale security breach: We may issue a verbal warning and train the employee on security.
• Intentional, repeated or large scale breaches (which cause severe financial or other damage): We will invoke more severe disciplinary action up to and including termination.
  We will examine each incident on a case-by-case basis.

Additionally, employees who are observed to disregard our security instructions will face progressive discipline, even if their behavior hasn’t resulted in a security breach.

Take security seriously

Everyone, from our customers and partners to our employees and contractors, should feel that their data is safe. The only way to gain their trust is to proactively protect our systems and databases. We can all contribute to this by being vigilant and keeping cyber security top of mind.

DATA PROTECTION POLICY

DARASA ONLINE LTD.

This Data Protection Policy was last updated on February 20, 2020.

Any version of this Privacy Policy in a language other than English is provided for convenience and You understand and agree that the English language will prevail if there is any conflict with any non-English versions.

Our Company Data Protection Policy refers to our commitment to treat information of employees, customers, stakeholders and other interested parties with the utmost care and confidentiality.

With this policy, we ensure that we gather, store and handle data fairly, transparently and with respect towards individual rights.

You should not use the Services if You do not agree with this Data Protection Policy, Our Terms of Use and any other agreement or policy that governs Your use of the Services.

Scope

This policy refers to all parties (employees, job candidates, customers, suppliers etc.) who provide any amount of information to us.

Who is covered under the Data Protection Policy?

Employees of our company and its subsidiaries must follow this policy. Contractors, consultants, partners and any other external entity are also covered. Generally, our policy refers to anyone we collaborate with or acts on our behalf and may need occasional access to data.

Policy elements

As part of our operations, we need to obtain and process information. This information includes any offline or online data that makes a person identifiable such as names, addresses, usernames and passwords, digital footprints, photographs, social security numbers, financial data etc.

Our company collects this information in a transparent way and only with the full cooperation and knowledge of interested parties. Once this information is available to us, the following rules apply.

Our data will be:

• Accurate and kept up-to-date
• Collected fairly and for lawful purposes only
• Processed by the company within its legal and moral boundaries
• Protected against any unauthorized or illegal access by internal or external parties

Our data will not be:

• Communicated informally
• Stored for more than a specified amount of time
• Transferred to organizations, states or countries that do not have adequate data protection policies
• Distributed to any party other than the ones agreed upon by the data’s owner (exempting legitimate requests from law enforcement authorities)

In addition to ways of handling the data the company has direct obligations towards people to whom the data belongs. Specifically we must:

• Let people know which of their data is collected
• Inform people about how we’ll process their data
• Inform people about who has access to their information
• Have provisions in cases of lost, corrupted or compromised data
• Allow people to request that we modify, erase, reduce or correct data contained in our databases

Actions

To exercise data protection we’re committed to:

• Restrict and monitor access to sensitive data
• Develop transparent data collection procedures
• Train employees in online privacy and security measures
• Build secure networks to protect online data from cyber attacks
• Establish clear procedures for reporting privacy breaches or data misuse
• Include contract clauses or communicate statements on how we handle data
• Establish data protection practices (document shredding, secure locks, data encryption, frequent backups, access authorization etc.)

Our data protection provisions will appear on our website.

Disciplinary Consequences

All principles described in this policy must be strictly followed. A breach of data protection guidelines will invoke disciplinary and possibly legal action.

EMPLOYEE CONFIDENTIALITY POLICY

DARASA ONLINE LTD.

This Employee Confidentiality Policy was last updated on February 20, 2020.

Any version of this Employee Confidentiality Policy in a language other than English is provided for convenience and You understand and agree that the English language will prevail if there is any conflict with any non-English versions.

We designed our company employee confidentiality policy to explain how we expect our employees to treat confidential information. Employees will unavoidably receive and handle personal and private information about clients, partners and our company. We want to make sure that this information is well-protected.

We must protect this information for two reasons. It may:

• Be legally binding (e.g. sensitive customer data.)
• Constitute the backbone of our business, giving us a competitive advantage (e.g. business processes.)

You should not use the Services if You do not agree with this Cyber Security Policy, Our Terms of Use and any other agreement or policy that governs Your use of the Services.

Scope

This policy affects all employees, including board members, investors, contractors and volunteers, who may have access to confidential information.

Policy elements

Confidential and proprietary information is secret, valuable, expensive and/or easily replicated. Common examples of confidential information are:

• Unpublished financial information
• Data of Customers/Partners/Vendors
• Patents, formulas or new technologies
• Customer lists (existing and prospective)
• Data entrusted to our company by external parties
• Pricing/marketing and other undisclosed strategies
• Documents and processes explicitly marked as confidential
• Unpublished goals, forecasts and initiatives marked as confidential

Employees may have various levels of authorized access to confidential information.

What employees should do:

• Lock or secure confidential information at all times
• Shred confidential documents when they’re no longer needed
• Make sure they only view confidential information on secure devices
• Only disclose information to other employees when it’s necessary and authorized
• Keep confidential documents inside our company’s premises unless it’s absolutely necessary to move them

What employees shouldn’t do:

• Use confidential information for any personal benefit or profit
• Disclose confidential information to anyone outside of our company
• Replicate confidential documents and files and store them on insecure devices

When employees stop working for our company, they’re obliged to return any confidential files and delete them from their personal devices.

Confidentiality Measures

We’ll take measures to ensure that confidential information is well protected. We’ll:

• Store and lock paper documents
• Encrypt electronic information and safeguard databases
• Ask employees to sign non-compete and/or non-disclosure agreements (NDAs)
• Ask for authorization by senior management to allow employees to access certain confidential information

Exceptions

Confidential information may occasionally have to be disclosed for legitimate reasons. Examples are:

• If a regulatory body requests it as part of an investigation or audit
• If our company examines a venture or partnership that requires disclosing some information (within legal boundaries)

In such cases, employees involved should document their disclosure procedure and collect all needed authorizations. We’re bound to avoid disclosing more information than needed.

Disciplinary Consequences

Employees who don’t respect our confidentiality policy will face disciplinary and, possibly, legal action.

We’ll investigate every breach of this policy. We’ll terminate any employee who willfully or regularly breaches our confidentiality guidelines for personal profit. We may also have to punish any unintentional breach of this policy depending on its frequency and seriousness. We’ll terminate employees who repeatedly disregard this policy, even when they do so unintentionally.

This policy is binding even after separation of employment.

PRIVACY POLICY

DARASA ONLINE LTD.

This Privacy Policy was last updated on February 25, 2020.

Any version of this Privacy Policy in a language other than English is provided for convenience and You understand and agree that the English language will prevail if there is any conflict with any non-English versions.

We provide this Privacy Policy (“Privacy Policy”) to help You understand how We collect, use, share, store and disclose information We obtain from or about You when You use the Services. This Privacy Policy applies to when You use Our Services.

As used herein the term “use” shall mean use, access, install, sign into, connect with, download, visit or browse the Services, as defined in the Terms of Use.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DARASA ONLINE LTD, AND BY USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND THE TERMS OF USE. You should review this Privacy Policy in conjunction with Our Terms of Use and any other agreement or policy provided by Us that governs Your use of the Services.

You should not use the Services if You do not agree with this Privacy Policy, Our Terms of Use and any other agreement or policy that governs Your use of the Services.

1. Information You Provide to Us Directly

Darasa Online may collect different information from or about You depending on the manner in which You use the Services. The following examples are provided to help You better understand the information We may collect through Your use of the Services.

When You sign up for and use the Services (including through a Third Party Platform) We will collect any information You provide to Us directly such as the following:

Registration Information:

In order to use certain features of the Services, such as purchasing or registering for a Course, You are required to register for an Account, and in that case, We will collect and store any registration information You provided to Us, such as e-mail address, password, Your date of birth, and age, and we will assign You a unique identifying number (“Registration Information”).

Profile Information:

You may also have the option of providing additional information about Yourself, including but not limited to a photo, headline, website link, social media profiles, or other information you may choose to enter (“Profile Information”) to create a profile (“Profile”).

Public Posting / Shared Content:

Some of the Services may allow You to interact with other Users and/or post, share, communicate or otherwise transmit content publicly, such as by posting comments in a Course page, sending messages to others, or posting photos (collectively “Shared Content” or “Public Posting”). We may collect and store Public Postings and Shared Content. Shared Content or Public Postings may be publicly available or viewable by others depending on where such content is posted.

You hereby grant Darasa Online a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Public Postings and Shared Content.

Course Information:

Darasa Online allows You to enroll in and take online Courses on a variety of topics which are taught by Instructors where, among other things, You will see reviews for Courses by others. We collect information relating to taking Courses, including, without limitation, course, assignment, and quiz completion activity, interchanges with the Course Instructors, teaching assistants and other Students, answers to questions, essays and other items submitted to satisfy the Course requirements, (“Course Information”).

You hereby consent to Our sharing of Registration Information (except for your email address), Profile Information, and Course Information to Instructors and teaching assistants. Darasa Online does not provide Students’ email addresses to Instructors or teaching assistants. Darasa Online does not control how Instructors or teaching assistants treat Registration Information, Profile Information, or Course Information and is not liable for Instructors’ or teaching assistants’ use of such information.

Payment Information:

If You make any purchases through our Services, such as for Courses, We may collect certain information regarding Your purchase (such as Your name and Billing Address) as necessary to process Your order. You will be required to provide certain payment and billing information directly to our payment processing partners, including but not limited to Your name, credit card information, Mobile Money wallet number, billing address and zip code. We do not access, store or collect Your credit card information.

If You are an Instructor, We may enable You to link Your bank account, mobile money wallet account or other payment account to the Services so that We can pay You. When You link such account, You allow Us to collect and use certain information from such accounts to provide those payments, such as Your payment account email address or account ID, physical address, and other information necessary for Us to send payment to such account. We do not access, store, or collect Your payment card or bank account information. The collection, use, and disclosure of Your information will also be subject to the privacy policies and other terms of the payment account providers. You should review such privacy policies, terms, and other agreements.

Information Received Through Your Third Party Platform:

The Services may contain third party links or allow You to access the Services through Third Party Platforms, such as Facebook. If You use Our Services on or through a Third Party Platform, including via any mobile and/or other Internet connected devices (“Wireless Devices”), or click on third party links, the collection, use, and disclosure of Your information and Your use of the Services will also be subject to the privacy policies and other terms of such third parties or Third Party Platforms. You should review such privacy policies, terms, and other agreements.

When You use Our Services through a Third Party Platform, You allow Us to collect and use certain information from Your Third Party Platform profile or account as permitted by the terms of that Third Party Platform and Your privacy settings and in accordance with this Privacy Policy.

By way of example only, We may collect some or all of the following information from Your Third Party Platform account when You register or use the Services on or through a Third Party Platform:

• Your full name
• Your profile picture or its URL
• Your ID Number, which is linked to publicly available information such as Your name and profile photo
• The login e-mail address
• Your physical location and that of Your access devices, including any Wireless Device
• Your gender
• Your birthday
• List of friends or contacts

Communications, Support Requests, Potential Abuse:

If You contact Us for assistance, or to report a problem, concern, potential abuse or other issues regarding the Services, including before You have created an Account, We may collect and store Your contact information, communication, and/or other information about You, including but not limited to Your name, e-mail address, location, operating system, IP address, any other information You provide Us in the course of such communications, and/or other information that may be collected by automated means described herein. We reserve the right to conduct further research and obtain further information as necessary. We will use the information to respond to You and research Your request/communication, all in accordance with the provisions of this Privacy Policy.

2. Information We Collect Through Automated Means

Technical and Usage Data

When You access the Services, including browsing Our Courses, We collect certain information by automated means. This information may include without limitation: (a) technical information about Your computer or Wireless Device, such as Your IP address, device type, operating system type and version, unique device ID, browser, browser language, domain and other systems information, platform types (collectively, “Technical Information”); and (b) usage statistics about Your interaction with the Services, including Courses accessed, time spent on pages or the Services, pages visited, search queries, click data, portions of the Services used, date and time, and other information regarding Your use of the Services (collectively, “Usage Data”).

This Technical Information and Usage Data, which may be linked to Your information, is collected through the use of server log files and tracking technologies, including: (i) cookies, which are small files that websites send to Your computer or Wireless Device to uniquely identify Your browser or mobile device or to store information in Your browser setting; and (ii) web beacons, which are small objects that allow Us to measure the actions of visitors using the Services.

Geolocation Information: IP addresses received from Your browser or device may be used to determine Your approximate location, such as the city, country associated with an IP address.

3. Online Advertising

We may use third-party advertising technologies that allow for the delivery of advertising about our Services on other websites You visit and other applications You use. The ads may be based on various factors such as the content of the page You are visiting, information You enter such as Your age and gender, Your searches, demographic data, user-generated content, and other information we collect from You. These ads may be based on Your current activity or Your activity over time and across other websites and online services and may be tailored to Your interests.

We use third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to help deliver these tailored advertising on other websites and in mobile applications. These third parties may place cookies or other tracking technologies on Your computer, mobile phone, or other device to collect information about Your use of the Services as discussed above and may access these cookies or other tracking technologies on Your computer, mobile phone, or other device You use to access the Services in order to serve these tailored advertisement. We also may share with third-party advertisers a hashed version of Your email address that is anonymized and cannot be used to identify you, solely in non-human readable form and content that You share publicly when using the services (e.g, user-generated content) for purposes of delivering tailored advertising.

We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on Your computer, mobile phone, or other device You use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer You a way to opt out of ad targeting as described below. You may receive tailored advertising on Your computer through a web browser.

Please note that to the extent advertising technology is integrated into the Services, You may still receive advertisements on other websites and mobile applications even if You opt-out. In that case, the advertising will not be tailored to Your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices You make using these mechanisms or the continued availability or accuracy of these mechanisms.

4. How We Use the Information We Collect

Darasa Online may use the information We collect through Your use of the Services to:

• Provide, administer, and facilitate Your use of the Services, including to display customized content;
• Process or fulfill Your request(s) and/or order(s) for Courses, products, services, information or features;
• Communicate with You concerning Your Account by:
• Responding to Your questions or concerns;
• Sending You Service and administrative messages and information, including comments from Instructors or teaching assistants, those about changes to the Service, and updates to our Terms of Use, and Privacy Policy;
• Emailing You information or providing in app messages about Your progress in Courses, rewards programs, new services, new features, promotions, newsletters, and other available Courses, which You can opt out of at any time;
• Sending push notifications to Your Wireless device to provide updates and other relevant messages. You can manage push notifications from the “options” or “settings” page for the mobile application.
• Understand and improve the Services and develop new products, services or features;
• Enable User-to- User communication and interaction;
• Manage Your Account preferences, establish Your Profile and Registration Information;
• Facilitate the technical functioning of the Services, including without limitation to troubleshoot and resolve issues, secure the Services; and prevent fraud and abuse
• Respond to customer support questions and issues and resolve disputes;
• Create, review, analyze and share Technical Information;
• Analyze trends and User traffic, track purchases and usage information;
• Advertise our Services on third party websites or mobile applications
• Market, process or fulfill Promotions administered or sponsored by Darasa Online;
• Solicit feedback from Users;
• As required or permitted by law;
• As We, in Our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of Our Users, employees, third parties, members of the public, and/or our Services;
• Identify unique users across devices; or
• Tailor advertisements across devices.

5. How Do We Keep Your Information Secure?

Darasa takes appropriate security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, data that You share and We collect and store. These measures vary based on the sensitivity of the data we collect and store. Unfortunately, however, no system can be 100% secured, and We cannot guarantee that communications between You and Darasa Online, the Services, or any information provided to Us in connection with the information We collect through the Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time. Your password is an important component of Our security system. As such, it is Your responsibility to protect it. Do not share Your password with any third parties. If Your password has been compromised for any reason, You should change it immediately and contact support@darasaonline.com with any concerns.

6. How to Access & Update Your Information

You may access and update Your information that Darasa Online collects and maintains in the following ways:

You may update the information You provide directly to Darasa Online by logging into Your Account and updating Your Account information at any time.

7. Notice to Parents

We recognize the privacy interests of children and We encourage parents and guardians to take an active role in their children’s online activities and interests. If We learn that We have collected personal information (as defined by applicable law) from a child under 13 We will take reasonable steps delete such information.

Parents who believe that Darasa Online might have collected personal information from a child under the age of 13 may submit a request to support@darasaonline.com and request that the information be removed.

8. Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Darasa Online Ltd. If you do not agree to these Privacy Policies, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Privacy Policies and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Privacy Policies in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Privacy Policies (including any agreements and policies linked from these Privacy Policies) constitute the entire agreement between you and us (which include, if you are an instructor, Online Testing Instructor Terms and Instructor Terms).

If any part of these Privacy Policies is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Privacy Policies, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

9. Modifications to this Privacy Policy

From time to time, We may update this Privacy Policy. If We make any material change to this Privacy Policy. We will notify You via email or through notification posted on our website, and as required by applicable law. Modifications will become effective on the day they are posted unless stated otherwise.

As permitted by applicable law, if You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Privacy Policy as changed. The revised Privacy Policy supersedes all previous Privacy Policies. For this reason, We encourage You to review this Privacy Policy any time You use the Services. Upon Our request, You agree to accept or sign a non-electronic version of this Privacy Policy and any other policies or agreements set forth or available through any Third Party Platform.

TRUST AND SAFETY POLICY

DARASA ONLINE LTD.

Darasa Online Ltd  (“Darasa Online”) doesn’t allow courses and content on certain restricted topics or Courses and content that may contain certain restricted elements, examples, or illustrations.

They’re restricted because courses and content on these specific topics could be harmful or offensive to our students, or inconsistent with our values and the spirit of Darasa Online.

The complete list of restricted topics – courses and content that can’t be or contain any of the following:

• Sexually explicit
• Making, handling, or using weapons and/or explosive devices
• Violence (including terrorism)
• Hate speech
• Enabling illegal behavior
• Intentionally misleading, deceiving, demeaning, or harmful to any party
• Offensive or otherwise inappropriate

We reserve the right to add/or modify this restricted list. If you see a topic you believe shouldn’t be on the platform, please email support@darasaonline.com

INTELLECTUAL PROPERTY POLICY

DARASA ONLINE LTD.

This Intellectual Property Policy was last updated on April 17, 2018.

1. Policy

Darasa Online Ltd (“Darasa Online”, “Company”) is a technology platform that enables anyone anywhere to create and share educational content, i.e. courses, online testing, etc. Our marketplace model means we do not review or edit the courses and content for legal issues, and we are not in a position to determine the legality of courses and content. However, it is important to us that instructors posting courses and content on Darasa Online respect the intellectual property of others. When instructors post courses and content on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses and content.

Infringing activity is not tolerated on or through our platform.

The Company is committed to a high level of legal and ethical standards in the conduct of our business. It is the policy of the Company to compete fairly in the marketplace. This commitment to fairness includes respecting the intellectual property rights of our suppliers, customers, business partners, competitors, and others, including original equipment manufacturers and other independent service organizations. No Company employee, independent contractor, Instructor or agent should steal or misuse the intellectual property rights owned or maintained by another.

2. Purpose

The purpose of this Policy is to help maintain the Company’s reputation as a fair competitor, ensure the integrity of the competitive marketplace in intellectual property, and comply with the laws regulating intellectual property and industrial espionage.

3. Scope

This Policy applies to all employees, independent contractors, agents, officers, and directors of the Company, its subsidiaries, business units, partnerships, and joint ventures where the Company has a majority ownership position or exercises management control.

4. The Company’s Intellectual Property

The Company is committed to protecting its own intellectual property, such as information, processes, and technology, from infringement by others. The Company’s informational tools are available at our disposal because of significant investments of time and Company funds. If our intellectual property is not properly protected, it becomes available to others who have not made similar investments. This would cause us to lose our competitive advantage and compromise our ability to provide unique services to our customers.

The Company’s intellectual property includes confidential Company business information, trade secret technology (such as computer software and systems and knowhow related to them), patented inventions and processes, trademarks and service marks, trade dress, and copyrighted works. It is the responsibility of every Company employee to help protect Company intellectual property. It is the responsibility of Company managers and supervisors to foster and maintain awareness of the importance of protecting the Company’s intellectual property.

5. Intellectual Property of Others

The Company also is committed to respecting the intellectual property of others. The rules with respect to intellectual property, including misappropriation of business information and trade secrets (e.g., computer systems, software, and related knowhow) and infringement of patents, trademarks and service marks, trade dress, and copyrights, are complex, so you should seek expert advice from the Company’s attorneys to address specific issues that arise with respect to our business. In many instances the Company’s attorneys can perform searches for pre-existing patents, trademarks or service marks, or copyrights and help you avoid infringing conduct. Company attorneys also can evaluate business information to help you avoid infringing conduct.

While collecting data on the Company’s competitors, you are to use legal, ethical resources to prevent the tainting of Company operations with the improper introduction of the proprietary information of third parties. Substantial civil and criminal penalties may be levied against you and the Company for misappropriation of trade secrets that are avoidable through compliance with the Company’s policies and consultation with the Company’s attorneys.

It is not improper to accumulate information concerning competitors, and it is generally not unethical or illegal to make use of the information as part of our business. Indeed, the Company or any other business could hardly go on without being able to use information it has developed regarding its competitors in order to analyze the marketplace and make informed business decisions. But care must be taken by all Company employees, independent contractors, and agents to utilize only legitimate resources to collect information concerning competitors and to avoid those actions which are illegal, unethical, or which could cause embarrassment to the Company. When a situation is unclear, employees, independent contractors, and agents should consult with Company management. Company management may in its discretion wish to further consult with the Company’s attorneys.

Company employees, independent contractors, and agents having confidential information from a former employer may be bound by a nondisclosure obligation to the former employer. The Company expects employees, independent contractors, and agents to fulfill this obligation. Company employees, independent contractors, and agents should refrain from giving their fellow employees, independent contractors, or agents or from using in the Company’s business any confidential information belonging to any former employers. The Company does expect its employees, independent contractors, and agents to use all information, which is generally known and used by persons of their training and experience and all information, which is generally known in the industry.

6. Illustrative Examples

The following are examples of the types of activities that might constitute a violation of the laws protecting intellectual property or the Company’s policies. If you encounter a similar situation, you are encouraged to contact Company management for assistance.

1. Copyright Infringement

• Installing computer software on more than one computer system without a proper license.
• Making or maintaining additional copies of computer software, including providing such copies to customers, without a proper license.
• Copying a third-party’s course material, content, teaching style, documentation, technical manuals, or user manuals without permission.
• Downloading information from a subscription database without permission.

1. Trademark, Patent, or Trade Dress Infringement

• Adopting or using a slogan, name, or symbol for goods or services that is confusingly similar to a slogan, name, or symbol used by another.
• Making or using a process, product, or device that incorporates patented ideas or features belonging to another.
• Failing to act upon notice or information that the Company may be infringing a patent belonging to another.
• Using an overall look or design that is confusingly similar to the overall look or design of another’s product or service, and causing confusion in the minds of consumers as to who is the source of the product or service.

1. Trade Secret Infringement

• Disclosing to others any information received in confidence from or protected from disclosure by a supplier, contractor, customer, or other third party.
• Stealing, soliciting, or using the trade-secret information of another without written permission from the owner of the information. DO NOT DIRECTLY OR INDIRECTLY SOLICIT, OBTAIN, OR USE TRADE-SECRET INFORMATION BELONGING TO OTHERS FROM JOB APPLICANTS, NEW OR EXISTING COMPANY EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS, VENDORS, CUSTOMERS, OR OTHER THIRD PARTIES. IF YOU BECOME AWARE THAT ANY COMPANY EMPLOYEE, INDEPENDENT CONTRACTOR, OR AGENT MAY BE USING OR DISCUSSING TRADE SECRETS OF HIS OR HER FORMER EMPLOYER OR ANOTHER THIRD PARTY IN HIS OR HER WORK FOR THE COMPANY, YOU MUST CONSULT WITH COMPANY MANAGEMENT IMMEDIATELY.

1. Company Trade Secrets

• Company officers, directors, employees, independent contractors, and agents should not disclose Company proprietary or confidential information to third parties with whom the Company is doing business, such as suppliers, licensees, or consultants, except as specifically needed for the third party to perform the services or task requested. Such third parties should be provided information only on a “need to know” basis to allow them to perform the specific services or task requested. All disclosure of Company proprietary or confidential information may be made only after a confidentiality agreement has been entered into with the third party.

7. Designated Agent Contact Information

Darasa Online’s Designated Agent for notices of reported infringement can be contacted in the following manner:

• Via E-mail: support@darasaonline.com

Via Mail: Darasa Online Ltd. P.O. Box 25162-00603, Nairobi, Kenya Attn: Copyright Team