TERMS AND CONDITIONS FOR USE OF THE QAF PLATFORM
Governing the registration for, and use of, the Qaf educational platform, courses and curriculum
Welcome to Qaf (“Qaf”, “we”, “us” or “our”), the online educational platform through which learners can access courses, curriculum and related learning content. (Qaf, the “Platform”).
By registering for, accessing or using the Platform, you agree to be bound by these Terms and Conditions (this “Agreement”). Please read them carefully before using the Platform. If you do not agree to any part of this Agreement, you will not be able to register for, access or use the Platform.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following terms shall have the meanings set out below, and cognate terms shall be construed accordingly:
(a) “Qaf” or the “Platform” means the Qaf brand, website, mobile application(s), online learning environment, and all courses, curriculum, technology, business model and related intellectual property owned and operated by Qaf;
(b) “User” means any person who registers an account and accesses or uses the Platform, whether as a Learner or, where applicable, as an Instructor, Mentor or other content or service provider;
(c) “Learner” or “Customer” means a User who registers for, purchases, or otherwise accesses a Course, Module or Certificate through the Platform;
(d) “Instructor” means any individual or entity engaged by Qaf, or approved by Qaf, to develop or deliver Course or Module Content through the Platform;
(e) “Course” means any educational course, program, curriculum or learning pathway made available through the Platform, which may be composed of one or more Modules;
(f) “Module” means an individual, separately identifiable unit of a Course’s curriculum which Qaf makes available for purchase, access and completion on a standalone basis, whether or not it is also offered as part of a bundled Course;
(g) “Certificate” means any certificate, credential, badge or proof of completion issued by Qaf on completion of a Course or Module (or a specified group of Modules), which Qaf may make available for purchase separately from access to the underlying Course or Module Content;
(h) “Content” means all curriculum, course and module materials, video, audio, text, assessments, software, trademarks, logos and other materials made available on or through the Platform;
(i) “Fees” means any amounts payable to Qaf for access to a Course, Module, Certificate, Seat, or other paid feature of the Platform, as set out in Section 5;
(j) “Subscription Period” means the period for which a Learner has purchased access to a Course, Module or to the Platform, as specified at the point of purchase;
(k) “Account” means the registered user profile a User creates in order to access the Platform;
(l) “Cohort” means a group of Learners enrolled together in a scheduled, live delivery of a Course or Module, including any Live Sessions, community channels and Mentor allocations associated with that delivery;
(m) “Live Session” means any scheduled, real-time class, workshop, mentoring session, or similar activity delivered as part of a Cohort, whether online or in person;
(n) “Mentor” means an individual made available to Learners through the Platform’s mentor marketplace to provide guidance, feedback, or coaching in connection with a Course or Module;
(o) “Sponsor” means any third party (including an employer, educational institution, government body, non-governmental organisation, or other scholarship or grant provider) that pays Fees on behalf of, or otherwise funds the enrolment of, a Learner;
(p) “Institutional Client” means any corporate, university, or other organisational entity that purchases Seats under Section 12 (Institutional and Group Enrolments) for nomination to individuals within its organisation; and
(q) “Seat” means a licence purchased by an Institutional Client entitling one nominated individual to register as a Learner and access a Course, Module or Certificate.
2. ACCEPTANCE OF TERMS
2.1 By registering and using the Platform, you agree to be bound by this Agreement. This Agreement is deemed accepted upon the earlier of: (a) you registering an Account; (b) you accessing or using any part of the Platform; or (c) your payment of any Fees.
2.2 If you are accessing or using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement, and “you” shall refer to that organization.
2.3 Qaf reserves the right to amend or update this Agreement at any time. Users will be notified of material changes through the Platform or by email. Continued use of the Platform after such changes take effect constitutes acceptance of the amended terms.
3. ELIGIBILITY, REGISTRATION AND ACCOUNTS
3.1 Users must create an Account to access the services available through the Platform, and must provide true, current and accurate information when registering, updating it as necessary to keep it accurate.
3.2 The User is solely responsible for maintaining the confidentiality of their Account credentials and for all activity that occurs under their Account. Qaf must be notified immediately of any unauthorised use of an Account.
3.3 Qaf may, at its discretion, decline to register, or may suspend, any Account where the information provided is false, misleading or incomplete, or where registration would breach this Agreement or applicable law.
4. COURSES, MODULES, CERTIFICATES AND CONTENT ACCESS
4.1 Qaf makes Courses, and, where indicated on the Platform, individual Modules and Certificates, available for purchase and access either as a bundled Course or on a standalone, per-Module or per-Certificate basis. Learners may browse, enrol in and access Courses and Modules in accordance with this Agreement and any course- or module-specific terms presented at the point of enrolment.
4.2 Access to a Course or Module is granted for the Subscription Period specified for that Course or Module at the point of purchase. Qaf does not guarantee continued availability of any specific Course, Module, Instructor or Content beyond the applicable Subscription Period, or that any Course or Module will remain unchanged during it.
4.3 Where a Certificate is purchased separately from the underlying Course or Module(s), payment of the Certificate Fee does not, by itself, grant access to the related Course or Module Content, and issuance of the Certificate remains conditional on the Learner completing the underlying Course or Module(s) and satisfying any associated assessment requirements, including Section 8 (Academic Integrity) and, where applicable, Section 10 (AI-Assisted Grading and Assessment).
4.4 Qaf endeavours to ensure that Courses, Modules and curriculum are accurate, current and delivered to a good standard, but does not warrant that any Course, Module or Certificate will meet a Learner’s particular requirements, or lead to any particular qualification, certification, employment or other outcome.
4.5 Where a Course or Module is delivered to a Cohort, Learners enrolled in that Cohort will be given access to the scheduled Live Sessions, community channels, and, where applicable, Mentor allocations associated with that Cohort. Qaf may reschedule a Live Session, substitute an Instructor or Mentor, or otherwise reasonably modify the format of a Live Session, and will endeavour to give Learners reasonable notice of any such change.
4.6 Mentors are made available to Learners through the Platform’s mentor marketplace. Qaf facilitates the introduction between Learners and Mentors but, except where a Mentor is also engaged by Qaf as an Instructor, does not itself provide the mentoring services, and does not warrant the advice, feedback or guidance given by any Mentor, subject to Section 11 (Limitation of Liability and Disclaimers).
4.7 Where Instructors or Mentors contribute Content to the Platform, Qaf may review, curate, edit or remove such Content at its discretion to maintain the quality and consistency of the curriculum.
5. FEES AND PAYMENT
5.1 Learners shall pay the Fees specified for the Course, Module(s) or Certificate they select at the time of enrolment or purchase. Fees may be charged per Course, per Module, per Certificate, or as a bundle, as indicated on the Platform, and are inclusive or exclusive of applicable taxes as indicated at checkout.
5.2 Payment is made through the payment methods made available on the Platform, which may include credit or debit cards, or other electronic payment methods, or, where applicable, by a Sponsor or Institutional Client in accordance with Sections 11 or 12. Payment is due in full before access to the relevant Course or Module, or issuance of the relevant Certificate, is granted, unless otherwise agreed in writing.
5.3 Qaf may charge additional fees where certain payment methods are used, where a Learner requests an upgrade, extension, additional Module, re-grading, or additional service, or where a Course or Module is cancelled by the Learner after enrolment is confirmed, in accordance with Section 6.
5.4 Qaf may change Course, Module or Certificate pricing prospectively at any time; changes will not affect Fees already paid for an active Subscription Period.
6. CANCELLATIONS, WITHDRAWALS AND REFUNDS
6.1 A Learner may cancel or withdraw from a Course, or from an individual Module within a Course, at any time by giving written notice to Qaf. The following cancellation terms apply:
(a) Cooling-off period: if notice is given within 10 calendar days of enrolment and before the Course or Module start date, the Learner is entitled to a full refund of all Fees paid for the affected Course or Module, with no deduction.
(b) Post-commencement cancellation: if notice is given after the Course or Module has commenced but within 7 calendar days of the Course or Module start date, the Learner is entitled to a refund of the Fees paid for the affected Course or Module, less a cancellation and administration fee equal to 15% of the total Fees paid for that Course or Module.
(c) Late cancellation: if notice is given more than 7 calendar days after the Course or Module start date, no refund is payable, except as set out in 6.2 or 6.4.
6.2 Where a Learner is not entitled to a refund under 6.1, Qaf will nonetheless consider and may approve a refund where all of the following conditions are satisfied:
(a) the Learner has paid the Fees in full and in accordance with the payment terms in Section 5;
(b) the Learner notifies Qaf in writing within 7 calendar days of the event giving rise to the request (for example, the date of a technical failure);
(c) the request arises from one of the following:
(i) a technical failure attributable to Qaf that materially prevented the Learner from accessing the Course or Module Content;
(ii) a documented and continuous outage of the Platform lasting more than 7 calendar days; or
(iii) another circumstance that Qaf, acting reasonably, determines warrants a refund; and
(d) the Learner has accessed or completed no more than 20% of the Course or Module Content, measured by Qaf’s platform usage records (including modules opened, video minutes viewed, or assessments started), which shall be conclusive evidence of the Learner’s usage absent manifest error.
Where 6.2 applies and is satisfied, the refund will be prorated based on the percentage of Course or Module Content not yet accessed, unless the request falls under 6.2(c)(i) or (ii), in which case a full refund will be made.
6.3 Where a Learner has purchased a bundled Course covering multiple Modules and cancels or withdraws part-way through under 6.1 or 6.2, the refund calculated under those provisions will be applied on a pro-rata, per-Module basis, reflecting only those Modules to which the applicable refund entitlement applies, and net of any Certificate Fee already earned or issued in respect of a completed Module.
6.4 If Qaf cancels a Course or Module, or materially alters a Course or Module (including a material change to its content, format, instructor, or scheduled dates), and gives the affected Learner less than 48 hours’ notice of that cancellation or alteration, the Learner is entitled, at their election, to:
(a) a full refund of all Fees paid for the affected Course or Module, with no deduction; or
(b) a credit of equal value toward an alternative Course or Module offered by Qaf, to be used within 6 months of the date the credit is issued.
6.5 No refund is payable under this Section 6 where a Learner’s access to a Course, Module or Cohort is suspended or terminated as a result of a violation of Section 8 (Academic Integrity) or Section 9 (Learner Conduct and Community Standards).
6.6 Where Fees for a Learner have been paid in whole or in part by a Sponsor or an Institutional Client, refunds under this Section 6 are subject to the additional provisions of Sections 11 and 12 respectively.
6.7 Approved refunds under this Section 6 will be processed within 30 business days of approval, using the original payment method, unless the Learner and Qaf agree otherwise in writing.
6.8 All cancellation and refund fees, periods, and thresholds referred to in this Section 6 apply uniformly to all Courses and Modules offered by Qaf on the Platform, unless expressly varied in writing between Qaf and the Learner prior to enrolment.
7. USER RIGHTS AND OBLIGATIONS
7.1 Learners must use the Platform lawfully and in good faith, and must not engage in any conduct that may harm the Platform, other Users, Instructors, Mentors or Qaf, or that infringes the rights of others. Learners must also comply with the academic integrity requirements set out in Section 8 and the conduct standards set out in Section 9.
7.2 Users must not share, resell, sub-license or otherwise make Course Content available to any third party, or use automated means to access, scrape or reproduce Content, except as expressly permitted by Qaf.
7.3 Instructors and any third-party content providers are obliged to provide Content and services in accordance with the standards agreed with Qaf, including accuracy, originality and compliance with applicable law.
7.4 Qaf agrees not to discriminate against Users on the basis of race, colour, creed, religion, sex, gender, sexual orientation, gender expression, age, national origin, ancestry, citizenship, marital status, physical or mental disability, veteran status, or any other status protected by applicable law, and expects Users to observe the same principle in their interactions on the Platform.
7.5 In addition to the rights set out elsewhere in this Agreement, Users have the data protection rights described in Section 14.4 and 14.5 (Confidentiality and Data Protection), including rights of access, correction, deletion and objection in respect of their personal data, and Qaf will provide a means for Users to exercise those rights through the Platform or its support channels.
7.6 A User who breaches this Agreement, or whose conduct causes loss or damage to Qaf, its staff, Instructors, Mentors or other Users, agrees to indemnify and reimburse Qaf and the affected party for the actual, documented loss or damage this causes, including reasonable legal costs, without prejudice to any other remedy available to Qaf or that party under applicable law. Nothing in this Section limits a User's rights under Section 18.4 (mandatory consumer protection laws), and any claim by Qaf under this Section shall be brought in accordance with Section 18 (Governing Law and Jurisdiction).
8. ACADEMIC INTEGRITY
8.1 Learners must complete all Course assessments, examinations, assignments and other coursework honestly and independently, and in their own words and work, unless collaboration or the use of specified aids is expressly permitted for that activity.
8.2 Without limitation, the following constitute academic integrity violations under this Agreement:
(a) plagiarism, meaning the submission of another person’s work, words, data or ideas as one’s own without proper attribution;
(b) cheating, meaning the use of unauthorized materials, aids, devices or sources during an assessment, or unauthorized collaboration with another person;
(c) impersonation, meaning allowing, arranging for, or having another person complete any coursework, assessment or examination on a Learner’s behalf, or completing a Course on behalf of another person;
(d) circumventing, tampering with, or attempting to defeat any proctoring, identity-verification or monitoring technology used by Qaf in connection with an assessment; and
(e) the unauthorised reproduction, distribution or disclosure of Course assessment or examination content to any other person.
8.3 Where a Course or assessment requires proctoring, Qaf or its third-party proctoring provider may use remote or in-person monitoring technology, which may include webcam and screen recording, browser lock-down, and identity verification. By undertaking a proctored assessment, the Learner consents to such monitoring. Any personal data collected through proctoring shall be handled in accordance with Section 14 (Confidentiality and Data Protection).
8.4 Qaf may investigate any suspected academic integrity violation, including by reviewing proctoring recordings, submission records and platform activity logs, and may request an explanation from the Learner concerned.
8.5 Where Qaf reasonably determines that a Learner has committed an academic integrity violation, Qaf may, at its discretion, take one or more of the following actions:
(a) record a failing grade for the relevant assessment or Course;
(b) withhold, suspend or revoke any credential, certificate or qualification issued or to be issued in connection with the affected Course, including where the violation is discovered after the credential has been issued;
(c) suspend or terminate the Learner’s Account in accordance with Section 16; and
(d) decline to issue any refund of Fees paid for the affected Course, notwithstanding Section 6.
8.6 Where a credential is revoked under this Section after issuance, Qaf may notify relevant third parties (including employers, institutions or credentialing registries) of the revocation where necessary or required by applicable law.
8.7 A Learner who disputes a finding under this Section may appeal in writing through Qaf’s support channels within fourteen (14) days of being notified of the finding, setting out the grounds for the appeal. Qaf’s decision on appeal shall be final.
9. LEARNER CONDUCT AND COMMUNITY STANDARDS
9.1 This Section applies to all interactions a Learner has, in connection with the Platform, with Instructors, Mentors, coordinators, other Qaf staff, and fellow Learners, whether in Live Sessions, community channels (including forums, chat groups and social spaces associated with a Cohort), one-to-one mentoring, or elsewhere in connection with the Platform.
9.2 Without limitation, a Learner must not:
(a) harass, bully, threaten, or engage in abusive, discriminatory or hateful conduct or language towards any Instructor, Mentor, coordinator, staff member or fellow Learner, including conduct of a sexual nature that is unwelcome;
(b) disrupt a Live Session, including by repeatedly interrupting the session, sharing inappropriate, offensive or unrelated content, or recording, screenshotting or redistributing a Live Session without the presenter’s and Qaf’s consent;
(c) impersonate another person, or misrepresent their affiliation with any person or organisation, in a Live Session or community channel;
(d) post spam, unauthorised advertising, or commercial solicitations within a community channel or Cohort;
(e) share another individual’s personal information without their consent, or otherwise violate the privacy of an Instructor, Mentor or fellow Learner; or
(f) engage in conduct that is unlawful, or that Qaf reasonably considers to be harmful to the safety, dignity or wellbeing of any Instructor, Mentor, coordinator, staff member or fellow Learner.
9.3 A Learner, Instructor or Mentor who experiences or witnesses conduct that may breach this Section should report it to Qaf through the support channels made available on the Platform.
9.4 Qaf may investigate any report or suspected breach of this Section, including by reviewing community channel and Live Session records, and may request an explanation from any Learner, Instructor or Mentor concerned.
9.5 Where Qaf reasonably determines that a Learner has breached this Section, Qaf may, at its discretion and having regard to the severity and history of the conduct, take one or more of the following actions:
(a) issue a warning to the Learner;
(b) temporarily suspend the Learner’s access to a Live Session, Cohort or community channel;
(c) permanently remove the Learner from a Cohort, Live Session or community channel;
(d) suspend or terminate the Learner’s Account in accordance with Section 16; and
(e) decline to issue any refund of Fees paid for the affected Course, Module or Cohort, notwithstanding Section 6.
9.6 Qaf will treat reports made under this Section seriously and respond within a reasonable time, but cannot guarantee the prevention of all misconduct by Instructors, Mentors or fellow Learners, who act independently of Qaf’s direct control in their personal conduct; Qaf’s liability in this respect is addressed in Section 15 (Limitation of Liability and Disclaimers).
9.7 Nothing in this Section prevents Qaf from reporting conduct to law enforcement or other competent authorities where it reasonably believes the conduct is unlawful.
10. AI-ASSISTED GRADING AND ASSESSMENT
10.1 Qaf may use artificial intelligence or other automated tools, alone or alongside human graders, to grade, score or otherwise assess Learner submissions, assignments, examinations or other coursework (“AI Grading”). Where AI Grading is used in respect of a given assessment, Qaf will disclose this to Learners through the Platform or the relevant Course or Module materials.
10.2 AI Grading outputs may be reviewed, adjusted or overridden by human graders at Qaf’s discretion. Qaf does not use AI Grading as the sole and final determinant of outcomes for high-stakes assessments (such as final examinations or Certificate-qualifying assessments) without a mechanism for human review as described in this Section.
10.3 A Learner who disagrees with a grade, score or assessment outcome produced wholly or partly through AI Grading may request a re-grading or human review by submitting a dispute in writing through Qaf’s support channels within seven (7) days of the grade being issued, setting out the grounds for the dispute.
10.4 Qaf will review a disputed grade within a reasonable time and may confirm, adjust or reverse the original grade following that review. Qaf’s decision following review under this Section is final, without prejudice to a Learner’s right to appeal a related academic integrity finding under Section 8.7.
10.5 Personal data and Learner submissions processed through AI Grading will be handled in accordance with Section 14 (Confidentiality and Data Protection) and applicable data protection law, including any applicable law governing automated decision-making.
11. SPONSOR-FUNDED LEARNERS
11.1 Where the Fees for a Learner’s access to a Course, Module or Certificate are paid, in whole or in part, by a Sponsor (including under a scholarship, employer-sponsorship, or grant arrangement), the following shall apply in addition to the rest of this Agreement:
(a) unless otherwise agreed in writing between Qaf and the Sponsor, the Learner remains the contracting party under this Agreement (including for the purposes of Sections 7, 8 and 9), and is responsible for compliance with its terms, while the Sponsor is responsible for payment of the Fees it has agreed to cover;
(b) Qaf may share with the Sponsor information regarding the Learner’s enrolment status, attendance, progress and completion, to the extent reasonably necessary to administer the sponsorship and as disclosed to the Learner at the time of enrolment;
(c) if the Learner withdraws from, or is suspended or removed from, a Course, Module or Cohort, any refund otherwise payable under Section 6 shall be paid to the Sponsor to the extent the Sponsor paid the relevant Fees, unless Qaf and the Sponsor agree otherwise in writing;
(d) no refund shall be payable, to the Learner or the Sponsor, where the withdrawal, suspension or removal results from a violation of Section 8 (Academic Integrity) or Section 9 (Learner Conduct and Community Standards); and
(e) Qaf may agree separate or additional terms with a Sponsor regarding a scholarship or sponsorship arrangement, which shall apply in addition to this Agreement as between Qaf and the Sponsor.
12. INSTITUTIONAL AND GROUP ENROLMENTS
12.1 Qaf may enter into arrangements with an Institutional Client under which the Institutional Client purchases a number of Seats for nomination to individuals within its organization.
12.2 Unless otherwise agreed in a separate written agreement between Qaf and the Institutional Client, the Institutional Client is responsible for payment of all Fees for the Seats it purchases, and for nominating eligible individuals to occupy those Seats within the timeframe agreed with Qaf.
12.3 Each nominated individual must separately accept this Agreement in their own capacity in order to access the Platform, and is a Learner for the purposes of this Agreement in addition to being a member, employee or student of the Institutional Client. This Agreement governs the Learner’s own use of the Platform; any separate commercial agreement between Qaf and the Institutional Client governs the commercial relationship between those two parties and shall prevail over this Agreement as between Qaf and the Institutional Client in the event of any conflict, but does not affect the Learner’s own obligations under Sections 7, 8 and 9.
12.4 In addition:
(a) Fees paid for Seats that are not filled or activated within the period agreed with Qaf are non-refundable, unless otherwise agreed in writing;
(b) an Institutional Client may request that a Seat be reassigned to a different nominated individual, subject to Qaf’s approval and any applicable administration fee, and subject to the departing Learner’s access being revoked;
(c) the Institutional Client and Qaf shall each comply with applicable data protection law in respect of personal data shared in connection with the administration of Seats, including personal data of nominated Learners; where the Institutional Client provides Qaf with such data for enrolment purposes, the Institutional Client warrants that it is entitled to do so and has given any notices required under applicable law; and
(d) Qaf may make available to the Institutional Client aggregated or Learner-level progress and completion data for the Seats it has purchased, to the extent agreed with the Institutional Client and disclosed to the relevant Learners.
12.5 Where an Institutional Client sponsors a dedicated Cohort for its own members, employees or students, additional terms regarding scheduling, customisation and delivery may be agreed separately in writing and shall apply alongside this Agreement.
13. INTELLECTUAL PROPERTY
13.1 Qaf owns and shall retain all right, title and interest in and to the Qaf brand, the Platform, its courses, curriculum, technology, business model and all related intellectual property, including all trademarks, trade names, logos, software, databases and Content (excluding Content owned by third parties and licensed to Qaf), whether or not registered.
13.2 Subject to full payment of applicable Fees and compliance with this Agreement, Qaf grants each Learner a limited, non-exclusive, non-transferable, revocable licence to access and use the relevant Course or Module Content for personal, non-commercial, educational purposes during the applicable Subscription Period only.
13.3 No right, title or interest in the Platform, the Qaf brand or any Content is transferred to any User under this Agreement. Users must not copy, reproduce, distribute, modify, reverse-engineer, or create derivative works from the Platform or its Content, except as expressly permitted in writing by Qaf. Unauthorised use of the Platform or its Content in breach of this Section is a breach of this Agreement and may give rise to a claim under Section 7.6 (indemnification).
13.4 Any feedback, suggestions or ideas a User submits regarding the Platform may be used by Qaf without restriction or compensation to the User.
14. CONFIDENTIALITY AND DATA PROTECTION
14.1 Qaf is committed to protecting the privacy of Users and safeguarding their personal data. Qaf does not maintain a separate privacy policy; this Section 14 sets out how Qaf collects, uses, discloses and protects personal data in connection with the Platform, and Users should read it to understand how their data is handled.
(a) Data collected: Qaf collects personal data that Users provide when registering an Account or making a purchase (such as name, email address and payment details, and, where applicable, Sponsor or Institutional Client information); data generated through use of the Platform (such as course progress and assessment results, and, where a Course or Module is proctored, the proctoring data described in Section 8.3); and data generated through AI Grading under Section 10.
(b) Purposes: Qaf uses this data to provide access to Courses, Modules and Certificates; to process payments and refunds; to maintain academic integrity and enforce this Agreement; to communicate with Users about their Account, Courses or this Agreement; to improve the Platform in accordance with Section 14.3; and to comply with applicable law.
(c) Sharing: Qaf may share personal data with third-party service providers who help operate the Platform (including payment processors, proctoring providers, and hosting providers), with a Sponsor or Institutional Client to the extent described in Sections 11 and 12, and where required by law, in each case subject to confidentiality and data protection obligations at least as protective as those in this Section 14.
(d) Retention: Qaf retains personal data only for as long as necessary for the purposes set out in this Section 14, or as otherwise required by applicable law.
14.2 Both Qaf and any Instructor, Mentor or other User may be given access to information which is proprietary or confidential to the other party. Each party agrees to hold such information in strict confidence and not to disclose or use it for any purpose other than performing its obligations under this Agreement.
14.3 Qaf may use aggregated or de-identified data derived from use of the Platform (including course performance and engagement data) for the purposes of improving the Platform, its curriculum and its services.
14.4 Where the UK or EU General Data Protection Regulation ("GDPR") applies to the processing of a User's personal data, Qaf will process that data on a lawful basis, for no longer than necessary for the purposes set out in Section 14.1, and will give effect to the User's rights of access, rectification, erasure, restriction, portability and objection, and the right to lodge a complaint with the competent supervisory authority, in each case as set out in this Agreement and applicable law. Where personal data is transferred outside the User's jurisdiction, Qaf will use an appropriate transfer mechanism recognised under applicable data protection law.
14.5 Where the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA"), applies to a User, Qaf will give effect to that User's rights to know what personal information is collected, to request deletion or correction of that information, to opt out of the sale or sharing of personal information (to the extent applicable), and to be free from discrimination for exercising these rights, in each case as set out in this Agreement and applicable law.
15. LIMITATION OF LIABILITY AND DISCLAIMERS
15.1 The Platform, Courses, Modules and Content are provided on an “as is” and “as available” basis. Qaf does not warrant that access to the Platform will be uninterrupted or error-free, or that any Course, Module or Certificate will result in any particular grade, certification, qualification or employment outcome.
15.2 To the maximum extent permitted by applicable law, Qaf shall not be liable to any User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of opportunity, or any indirect or consequential loss arising out of or in connection with this Agreement or use of the Platform. This exclusion does not apply to loss or damage caused by Qaf's deliberate default or gross negligence, and does not affect a User's right to the direct remedies expressly provided elsewhere in this Agreement, including refunds under Section 6.
15.3 Qaf’s total aggregate liability to a User in respect of all other losses arising in any given twelve (12) month period, however arising, shall not exceed the total Fees paid by that User (or, where applicable, by the Sponsor or Institutional Client on that User’s behalf) to Qaf in the six (6) months preceding the event giving rise to the claim.
15.4 Nothing in this Agreement shall limit or exclude any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, or fraud.
15.5 Except as expressly set out in this Agreement or as required by applicable law, and to the extent permitted by applicable law, Qaf disclaims implied warranties of merchantability and fitness for a particular purpose. This Section does not exclude any warranty, right or remedy that applicable law does not permit Qaf to exclude, and does not affect the express commitments Qaf makes elsewhere in this Agreement, including under Sections 4.4, 6 and 14.
16. TERM, SUSPENSION AND TERMINATION
16.1 This Agreement takes effect upon acceptance in accordance with Section 2 and continues until terminated in accordance with this Section.
16.2 A User may close their Account at any time by following the process made available on the Platform, subject to settlement of any outstanding Fees.
16.3 Qaf may suspend or terminate a User’s Account, with or without notice, where the User has breached this Agreement (including Section 8, Academic Integrity, or Section 9, Learner Conduct and Community Standards), engaged in inappropriate or unlawful conduct, or where required by law. On termination, the User’s right to access the Platform and Content ceases immediately, without prejudice to any Fees already due.
16.4 The provisions of Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 18 and 19, and any other provision which by its nature should survive, shall survive termination or expiry of this Agreement.
17. RELATIONSHIP OF THE PARTIES
17.1 Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between Qaf and any User, Instructor or Mentor. Instructors and Mentors engaged by Qaf act as independent contractors and not as employees of Qaf.
18. GOVERNING LAW AND JURISDICTION
18.1 Save as set out in Section 18.2, this Agreement — including any dispute or claim relating to Qaf's intellectual property, the Platform, its brand, courses, curriculum, technology or business model, and any claim brought against Qaf generally (including non-contractual disputes or claims) — shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.
18.2 Notwithstanding Section 18.1, any dispute, claim, or matter relating to the collection, processing, holding, or refund of Fees or other payments made by Learners, or to the operation of local payment collection and processing services provided in connection with the Platform, shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt, in accordance with the separate Collection and Operations Agreement between Qaf and its Egyptian collection and operations partner.
18.3 Each party irrevocably agrees that the courts of the State of Delaware located in New Castle County, and the United States District Court for the District of Delaware, shall have exclusive jurisdiction over disputes governed by Section 18.1, and the competent courts of the Arab Republic of Egypt shall have jurisdiction over disputes governed by Section 18.2, and each party irrevocably submits to the relevant jurisdiction accordingly. Notwithstanding the foregoing, Qaf may, in addition, bring a claim for indemnification under Section 7.6 in the competent courts of the country in which the relevant User resides, and this Section 18.3 does not require Qaf to do so exclusively in Delaware or Egypt for that category of claim.
18.4 Nothing in this Section limits or excludes any right a Learner may have under the mandatory, non-waivable consumer protection laws of the country in which the Learner resides, to the extent such laws cannot lawfully be excluded or overridden by agreement.
19. MISCELLANEOUS
19.1 Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control.
19.2 Qaf may assign or transfer this Agreement, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of all or substantially all of its relevant assets, and may subcontract the performance of particular obligations to a third party while remaining responsible for their performance; Qaf will give Users reasonable notice of any assignment or transfer that materially affects their rights under this Agreement. A User may not assign or transfer any of its rights or obligations without Qaf's prior written consent, such consent not to be unreasonably withheld where the proposed assignee is able to perform the User's obligations under this Agreement.
19.3 If any provision of this Agreement is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, deemed deleted, without affecting the remainder of this Agreement.
19.4 No failure or delay by Qaf in exercising any right under this Agreement shall constitute a waiver of that or any other right.
19.5 A person who is not a party to this Agreement has no right to enforce any of its terms.
19.6 This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral, on that subject matter.
20. CONTACT AND SUPPORT
Users may contact Qaf’s support team through the channels made available on the Platform for any questions relating to Courses, Modules, Certificates, Accounts, Fees or this Agreement.
We hope that the Qaf platform provides you with a rewarding and effective learning experience.