User Agreement
Last Update: March 24, 2024
1. Introduction
LinCademy, as a unique gamified online learning marketplace, provides professionals with a comprehensive learning experience that encompasses self-branding, networking, and connection-building alongside skill development.
1.1. Contracting Parties and Services
The terms and conditions of this Contract (also referred to as User Agreement) between you, whether personally or on behalf of an entity (referred to here as “you” and “your”) and LinCademy Ltd. (referred to here as “LinCademy” “Company“, “we”, “us”, or “our”), outline the rules and regulations for the use of our services (referred to each as the “Service” and collectively as the “Services”) offered through LinCademy.com, LinCademy mobile applications and communications, including any offsite data collection needed for the Services.
This agreement does not only apply to our Members (users accessing our Services with registered LinCademy accounts) but also to our Visitors (users accessing some parts of our Services without accounts). Personal data collection use and sharing of LinCademy Visitors and Members are subject to our Privacy Policy, our Cookie Policy and future updates.
1.2. Contract
By signing up to this website (www.LinCademy.com), registering an account or accessing or using the Services, you agree to enter into a legally binding contract with LinCademy and therefore accept the below mentioned terms and conditions of this Contract. Do not continue to use the Services delivered in our website (www.LinCademy.com) and LinCademy mobile Apps if you do not agree to accept all the terms and conditions mentioned in this user agreement.
The terms and conditions of this Contract and any policies linked to it constitute the entire and only agreement between you and us regarding the Services.
1.3. Changes
For future improvement to the Services that may include updating current or adding new features, we may update this Contract terms and condition and any additional terms and conditions; our Privacy Policy; and our Cookie Policy. If we update any of these documents, we will notify you in advance through the Services and or via your email. Also, we will change the affected document version date after updating. You are advised to review this User Agreement and the above-mentioned documents periodically for any changes.
2. Obligations
2.1. Service Eligibility
To sign up an account in LinCademy.com and start using the Services, you agree that: (1) you are not under 16 years old, as the minimum age allowed to use the Services is 16, and (2) you are not creating LinCademy account on behave of others who are restricted or not eligible to use the Services.
2.2. Accounts
By creating an account (be a Member), you agree that you: (1) use valid email address during the account setting up process (2) use strong password and maintain it securely, (3) are completely responsible for everything happening on your account (including any harm or damage caused by your account to us or to others) unless you report misuse or breach of security before harm or damage caused by your account occurs, (4) and you will follow the law and the list of LinCademy Guidelines below in section 7.
You can delete your account (which means this contract is terminated) at any time by sending a request in “Account and Privacy section” from the Support page. Check the Privacy Policy and section 7 in the Instructor Agreement if you are or decide to be LinCademy Approved Instructor (LinCademy Approved Instructors: Members who get approved from LinCademy to publish and sell learning courses for Members) to know the consequences of deleting your account.
2.3. Payments and Refunds
We have currently one types of paid services which is LinCademy Learning Courses (purchased as single courses). All other services such as using LinCademy groups, watching LinCademy videos are currently free on Lincademy.
Besides paying for the Services with real money, LinCademy allows Members to pay with their tokens called Linckies that they collect while using the Services. Using their Linckies, Members can partially pay for our paid Service purchases (LinCademy learning courses).
All LinCademy paid Services purchases are refundable within 14 days from the purchase date provided the refund request meets the conditions detailed on our Refund Policy.
If you want to buy one of our paid services, you agree to pay the applicable fees and taxes, and you agree to the additional terms (if there is any) related to the Service you want to buy. You also agree that:
- The price you pay may be different from the listed one due to foreign exchange fees or rates.
- We may store your payment method so that it will be automatically used for your next single service purchase. This will help avoiding Service interruption and will save time used in purchase process.
- We may collect sale taxes in the future on our Services purchases. These will be calculated based on the purchaser country during checking out.
- We may collect withholding taxes in the future from applicable LinCademy Approved Instructors on their published course sales.
- Your purchase refunds are subject to LinCademy’s refund policy available here.
- We have the right to determine which Service that you can partially or fully pay for using your tokens (Linckies) and the partial payment percentages.
If you need a copy of your invoice, please go to your Purchase History.
2.4. Content
Our Services allow people to improve their skills by taking learning courses delivered by other qualified trainers or instructors. In addition, people can network and communicate for professional purposes such as learning and development.
However, you are completely responsible for any information, content including images/photos, videos, posts, comments, forum discussion, etc. you may provide within our Services. Your contributions and activities within our professional community should respect the others and their rights. You should be professional in every activity you do.
We are not required to publish or post any information or content in our Services; and if we post or publish any information or content, we can remove it without any notice, except for your purchased courses on LinCademy which you have the right to access (Read section 3.2. Service Availability below).
If you delete your account, all your personal data, posted or published content including images/photos, videos, learning courses (Read Section 7 in the Instructor Agreement for more details related to the Approved Instructors), groups (If you are the only organizer) and endorsements will be deleted. In addition, you will lose the right to access your purchased courses without any compensation from LinCademy.
2.5. Code of Conduct and Moderation System
To help our professional community keep delivering its Services with the purpose that it was created for, all Members agree to follow a professional code of conduct found in our Professional Community Standards and any other guidelines we provide related to any content posted or uploaded, or any activity done on LinCademy.
All LinCademy Members should participate in the community moderation activities, as LinCademy has a moderating system allowing Members to block each other and report groups, content and activities including profile updates, group updates, forum discussions, forum replies, documents, videos and photos. This will help with preventing any fake, inappropriate, or impersonating profiles, inappropriate groups, misleading, false, harmful or illegal information and content from existing within our Services. This will help us keep our platform clean serving the purpose it was created for.
LinCademy has discretion to enforce these Terms, policies and rights, and is serious about implementing its moderation system to keep LinCademy community professional. We may limit the visibility of, hide or delete any violating data, activity, group, subpage, or content you create, post or upload; suspend your access to use our Services; or delete your account completely any time, with or without notice, for: (i) your violation of this contract (User Agreement) or any other relevant policy, right or guidelines including but not limited to our Professional Community Standards, our or others’ intellectual property rights detailed in our Intellectual Property Policy, (ii) being blocked from too many members, (iii) having had too many groups, contents or activities reported including published learning courses, (iv) failing to pay due fees, (v) long period of inactivity, (vi) requests from government agencies or law enforcement, (vii) technical issues, (viii) suspecting that you have engaged in illegal or fraudulent activities, (ix) any other reason, or (x) no reason, in our sole discretion.
2.6. Communication
You agree that we may send you notices and messages via your contact information you will provide (e.g., your mobile number, email addresses and physical address) or within the Service (e.g., messages, site-wide notices), and you agree that you will update your contact information regularly.
You agree that you may receive messages through our Services from outside your network connections such as LinCademy customer who will be subscribed to future premium memberships that LinCademy may provide. Your option, here, to stop receiving messages from certain members, is to block them from their profiles
3. Rights and Limits
3.1. Our Rights to the Content You Provide
You as a Member retain ownership of the content and information you provide, post or upload within the Services, and you are granting LinCademy and its affiliates the non-exclusive license to use your content in the ways detailed below. If you choose to be one of LinCademy Approved Instructors, you also agree to special course content licensing terms which are detailed in the Instructor Agreement:
A. You agree to grant us a worldwide, royalty-free, sublicensable and transferable right to use, copy, modify, reproduce, share, publish, distribute, adapt, and process, the information and content you provide, upload or post within our Services (including your name and uploaded photo), without further notice to you, consent from you, and/or any compensation to you or to others. However, there are some limitations to this right shown as follows:
1. You have the right to license your information and content to others, allow others to sublicense your information and content, or make them available under a Creative Commons license
2. You have the right to delete your account or delete any information or content you have provided within our Services which will end the above-mentioned license in (A). You should also know you cannot delete what other Members have shared, copied, or stored of your information or content that you have made visible to them.
3. We will not publish your content outside LinCademy or give third parties the right to do so without your consent. However, we will add features that allow other Members seeing your activity updates, based on your choice for the activity visibility, to share your activity update on a third-party service such as Facebook, Twitter, WhatsApp, etc.
4. Your content will not be used directly in ads for third parties’ products and services. If We need to do so, we will request a consent from you regarding the same. However, you agree that we have the right to use your content indirectly, without any payment to you or to others regarding this right, for advertisement activities within our Services such as serving ads near your content.
B. By submitting, posting, or sending to us any suggestions or feedback related to our Services, you agree that we can use, modify, and share these materials for any purpose without any payment to you or to others
C. You agree that we may access, use, process and/or store your information, content and personal data you provide within our Services in line with our Privacy Policy and your privacy choices and settings.
D. You warrant and represent that you have all the necessary rights and authority to authorize LinCademy to use any information and content that you submit. Also, you agree that you provide truthful profile information and all the information and content you provide, anywhere within our Services, do not contain any libelous, defamatory, indecent, inappropriate, offensive material and do not violate the law or violate anyone’s rights. We will remove any information or content that violates the law which may be different from country to country.
3.2. Services Availability
We reserve the right to modify, pause or completely discontinue any Service we provide including services provided by third parties in connection with our Services such as Zoom Web Conferencing. Also, we may modify the prices of our Services effective prospectively to the extent that the law allows.
Although, there are storage folders within our Services available for you as a Member (e.g., Profile Photos, Profile Documents, Group, Photos, Videos and Albums), We do not promise to store, save, keep, or provide copies of any information and content you provide to our Services including your media uploads, profile updates and comments, group updates, forum discussions and replies. We can only provide you a copy of your personal data available at the time you request that copy, as we detailed in our Privacy Policy. For storing learning course contents, you provide as an Approved Instructor, please refer to our instructor terms in the Instructor Agreement (“Your Content Storing, Privacy and Securing” Section).
Regarding our Learning Service (LinCademy Learning courses), we will sublicense (not sell) the access to the course content (not the instructor availability or any other learning content or services such as translation, captions, forum discussions, or group recorded live sessions) to you as a learner when you enroll in the course. We grant you as a learner a limited, non-transferable, non-exclusive license to access the course or its related activities online via our Services or to download course content using LinCademy Apps if applicable. You cannot resell the course, download it unlawfully and share it on another website, or even share your account access credentials with a purchaser.
You as a learner will generally have access to your enrolled courses as long as your account exists in LinCademy and we keep Learning Service running, unless there are access limitation specified for some specific curses during checkout. However, we have the right to remove courses from our Learning Service due to policy or legal reasons, for example, we cannot keep a course if it’s found legally violating a copyright. We also reserve the right to update courses contents without offering the course enrollees any refund. Additionally, your lifetime access to purchased courses may be partially or fully unavailable due to third-party service disruptions beyond our control, as we rely on external services such as Vimeo for course delivery.
3.3. Others’ Content
We allow Members to directly provide content and information to our Services without reviewing or editing from our side for legal issues. So, the content providers including instructors or training providers (not LinCademy) are fully responsible for that provided content. For more information about courses contents, check the Instructor Agreement. Therefore, we cannot guarantee or promise that the contents and information provided by Members in our Services are always correct, reliable, truthful, accurate and legal.
Also, our Service features allow Members to offer their own services (not ours) to others, for example, some Members may create groups and deliver paid or free couching or training sessions to others using the group video conferencing features. We neither hire LinCademy Members to deliver services to other LinCademy Members, nor we endorse any of the others’ services. Therefore, you agree that We are not responsible for any services, content or information provided by others within our Services or responsible for any misuse, risk or harm that may happen to you or your organization because of others’ information and content including courses. You also agree that you are dealing with others’ content and information through our Services at your own risk. Your exclusive remedy for any harm or damage you feel others’ content or activity is causing to you or your organization is to use our moderation system and report that content or activity.
3.4. Limits
In this section, you will find some limitation in using our Services. You agree that:
- We have the right to control or limit your use of the Services, including the storage quota of your media uploads folders (i.e., Photos, Video and Albums, and Documents Folders) in your personal page or groups, your maximum connections number, your ability to communicate with or contact other Members (e.g., your rate of creating new messaging threads, your rate of sending connection requests, your rate of viewing Members’ profiles). You agree that you will not try to bypass these limitations in any way.
- We reserve the right to suspended or completely ban your access to a certain Service partially or completely, and to suspend or terminate your account if you violate or breach this Contract, the law or any of our policies such as Professional Community Standards and Intellectual Property Policy.
- Only LinCademy that can determine the financial value of its reward tokens (Linckies) and what they can be redeemed for. Linckies have no value outside the Services and Members cannot request redeeming Linckies for money.
- LinCademy Service is offered as is. You don’t have the right to request more than what is available. For example, we allow using third-party services within our Services such as the free service of Zoom Meetings; you cannot request LinCademy to purchase premium accounts from Zoom for you even if you are using these third-part services.
3.5. Intellectual Property Rights
Below is a description about the intellectual property rights of LinCademy and others. You also agree to our full Intellectual Property Policy which has more information and a description of how to report to us your complaints regarding violations of intellectual property rights including copyright infringements, non-copyright infringements, fake or impersonating profiles, or inappropriate groups.
- LinCademy Intellectual Property Rights
All title, right, and interest in and to LinCademy Services, including our website, Apps, Trademarks, logos, courses, and databases are the exclusive intellectual property of LinCademy and its licensors. LinCademy intellectual property rights are protected by the laws of the United Kingdom and foreign countries.
- Others’ Intellectual Property Rights
We respect others’ intellectual property rights. Content, trademarks, and logos, used in the Services, belong to their respective owners. Unauthorized copies of copyrighted materials are not allowed to be distributed within our Services. We require our Members not to violate the intellectual property rights of others (including copyrights, trademark rights or any other intellectual property) through our Services by providing content on LinCademy violating intellectual property rights of others, sharing content of LinCademy Members in a way that violates their intellectual property rights, or doing any other act that violates others’ intellectual property rights.
4. Miscellaneous Legal Terms
4.1. Disclaimer
It may happen that things will not work out the right way on our LinCademy website and Apps in one or all of our Services. Also, LinCademy website may be down for either planned maintenance which you will get prior notification of or encountering security issues. Therefore, LinCademy (AND ITS SUPPLIERS, AGENTS AND PARTNERS) MAKE NO GUARANTEE, REPRESENTATIONS, WARRANTIES THAT LinCademy WEBSITE, APPS, SERVICES AND CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS, BE AVAILABLE ON A TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE BASIS, OR BE ACCURATE, SUITABLE, RELIABLE, FREE OF HARMFUL CODE OR VIRUSES, LEGAL, COMPLETE OR SAFE. YOU AGREE THAT LinCademy WEBSITE, APPS, AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LinCademy (AND ITS SUPPLIERS, AGENTS AND PARTNERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. IF ANY APPLICABLE LAW REQUIRES SOME WARRANTIES RELATED TO LinCademy WEBSITE AND ITS SERVICES, ALL SUCH WARRANTIES ARE LIMITED DURING NINETY DAYS FROM THE DATE OF FIRST USE.
Some jurisdictions don’t allow the exclusion of implied warranties; therefore, the above exclusion may not be applicable to you. In addition, some jurisdictions don’t allow limitations on the duration of an implied warranty; therefore, the above limitation may not be applicable to you.
4.2. Limitation of Liability
Using any online platform may involve occurring indirect, punitive, incidental, or consequential damages to the users, and our Services enable communication for professional purposes which may include conducting business deals, recruitment which may result in job offers and contracts, training and learning which may include delivering courses related to health and safety. Therefore, our Services may involve some risks, and by using our Services, you accept these risks. In other words (legal statements), to the maximum extent permitted by law (with the exception of any other written agreement LinCademy has entered into overriding this contract), in no event shall LinCademy and its suppliers, agents and partners be liable to you or any third-party for any profits or revenue loss, data loss (including losing, using or changing your information and content), business reputation loss, business opportunities loss, personal injury, death, or any indirect, consequential, incidental, exemplary, special or punitive damages arising from, in connection with or relating to the terms of this contract (User Agreement) or your use of, or incapability to use our Services even if LinCademy has been advised of the possibility of such damages. You agree that your access to or use of LinCademy website and Apps is at your own discretion and risk, and you will be solely responsible for any damage may occur to you, your device or computer system, or any loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this contract (User Agreement), will be limited to (a) the total fees paid by you to LinCademy in the twelve (12) months before the incident bringing about your claims, (b) a maximum of one hundred U.S. dollars (U.S. $100). The existence of more than one claim will not enlarge this limit. You agree that our its suppliers, agents and partners will have no liability of any kind arising from or relating to this agreement.
These limitations of liability are not applicable to fraud, intentional misconduct, or gross negligence, negligence causing breaching of material obligation (e.g., those obligations forming a prerequisite to our Services delivery).
4.3. Contract Assignment
You may not assign or transfer this Contract (or the rights and licenses granted under it) to anyone without a consent from us, and you agree that we may assign this Contract to any affiliate we may have in the future or to a party buying LinCademy without your consent or any other restriction. There are no third-party beneficiaries to this Contract. Nothing in this contract confers any right, remedy, or benefit on any third-party person or entity.
4.4. Indemnification
We have the right to exercise legal recourse against you if we get in legal trouble because of you. You agree to indemnify and hold harmless LinCademy and its suppliers, agents and partners from and against third-party losses, claims, damages, demands, or expenses (including attorney fees if applicable) arising from:
- Your violation of this contract;
- Your use of the Services;
- The content and information you provide through the Services; or
- Your violation of any third-party rights.
4.5. General Legal Terms
If any part of this Contract is found to be invalid or unenforceable by a court with authority, You and we agree that the court should provide a valid, enforceable provision superseding the original one while still achieving the intent of the original provision. If that substitution cannot be done by the contract, you and we agree that the court should remove that invalid or unenforceable provision and the remainder of this contract will continue in effect.
If we do not act, immediately or at all, to exercise our rights or even fail to exercise any part of our rights, that does not mean LinCademy waives its rights to enforce this Contract.
5. Termination
Both You and LinCademy have the right to terminate this Contract (User Agreement) at any time. Contract termination will deprive you from accessing and using our Services. However, the following shall survive the termination:
- Any further re-sharing of your content and information (subject to your visibility choices) you provided through the Services;
- Any amounts of money owed by either party;
- Sections 4, 6, and 7 of this Contract.
You can terminate this contract by deleting your account at any time from your account settings here. You acknowledge understanding that deleting your account will result in the following:
- deleting your personal data. Please, check Section 6.3 in the Privacy Policy for more details about what will happen to your personal data if you delete your account;
- deleting any content you posted or published including images, videos, jobs, resumes, groups, endorsements, and learning courses. If you are an instructor, check our Instructor Agreement to know what will happen to your instructional content available on LinCademy;
- making you lose access to your enrolled courses; and
- making you lose your Linckies credit without any compensation.
6. Dispute Resolution
If it happens that a dispute between you and LinCademy arises, please first contact LinCademy Support Team, as most disputes can be resolved without having to bring about a formal legal case. This will expedite resolution and control the cost of any dispute, claim, or controversy.
The formation, interpretation, and performance of this Contract and any all claims or disputes relating to it and/or the Services shall exclusively be governed by the laws of United Kingdom, without regard to conflict of laws rules. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in London, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Contract.
7. General Guidelines
LinCademy is an online space for professionals. Beside our Professional Community Standards, you will find, below, a list of guidelines that will help you use LinCademy the way it was created for.
By having an account in LinCademy, you agree that:
- You will use the Service only for professional purposes;
- You will provide real and correct information about your identity when signing up and continue to provide complete, accurate and authentic information while using the Service;
- You will not share access to your account with anyone else;
- You will not use the Services in a manner inconsistent with any applicable law or regulations;
- You will not tarnish, disparage, or otherwise harm, in our opinion, the Services, our affiliates or our suppliers;
- You will not violate LinCademy’s or others’ intellectual property rights, and you will respect our Intellectual Property Policy;
- You will not violate our Professional Community Standards;
- You will not disclose others’ information without consent from them;
- You will not state or imply that you are endorsed by or affiliated with LinCademy without our consent;
- You will not monetize the Services or their related data by selling, reselling, leasing, renting or trading without our consent;
- You will not circumvent, disable, or otherwise interfere with operations or security-related features of the Services, including features that prevent or restrict the use, copying of or downloading any data or content, or enforce/bypass limitations on the use of the Services and/or the data or content contained therein;
- You will not post, upload or transmit (or attempt to upload or to transmit) viruses, worms, Trojan horses, or any other harmful material, including denial of service attacks or unreasonable excessive use content in the Service;
- You will not engage in any automated use of the Services such as using scripts, any data mining, bots, or similar data extraction tools to systematically retrieve or add data or content, send connection requests or send messages; and
- You will not engage in unauthorized framing or mirroring of, or linking to the Services.
8. Contact Us
For general inquiries, you may contact LinCademy Support Team. For inquiries or legal notices related to LinCademy User Agreement (Contract), you may contact our designated agent for legal concerns and notices via this email: legal@LinCademy.com.