Terms of Service
Terms of Service
Fanalyst Academy is a training institute that creates a platform for instructors and learners to meet, allowing for the free flow of specialised educational contents in diverse fields of endeavour. At Fanalyst Academy, we use online classes and traditional (face-to-face) classes to train learners into becoming professionals. As an academic ecosystem that connects Instructors and learners, we prioritise a secure and regulated environment hence our Terms of Service. Clicking “Sign Up” or registering, accessing, or using our services whether as an Instructor or learner indicates your consent with our Terms of Service which is a legally binding contract with Fanalyst Academy. Closure of your account automatically terminates your contract with Fanalyst Academy.
For clarity, note that the Terms “Fanalyst Academy”, “We”, “Our”, and “Us” are used interchangeably, but they all refer to “Fanalyst Academy” which is a Limited Liability Company.
- User’s Account
To access most of our services, you will need to sign up or create an account with Fanalyst Academy. On opening an account, you would have to provide login credentials with which you would be using to access the accounts subsequently.
You are totally responsible for your account and any harm or damage caused by the usage of your account by you or someone with or without your consent would totally be accounted to you. Hence, you should keep your log-in credentials confidential. Request made to access an account won’t be granted unless you were able to prove claim to the account in question by providing the right login credentials. In a situation of dispute between an Instructor and a student who has shared their account log-in credentials, Fanalyst Academy will not intervene. However, in a situation whereby someone accesses your account without your knowledge, or breaches your account’s security, quickly notify us with proof of your claim to the account.
Note that you can terminate your account at any point in time. Check our Privacy Agreement to see what happens when you terminate your account.
- Content Enrolment and Lifetime Access
Fanalyst Academy offers a limited, non-exclusive, non-transferrable license to published Content on its online platform to a student who has paid all required fees. Access to published Content is solely for educational, personal, and non-commercial purposes.
As stated in our Instructor agreement, when an instructor publishes Content on Fanalyst Academy, they grant Fanalyst Academy a license to offer a license to the published Content to students. And as a student, enroling in a course, be it free or paid, it means you are acquiring license from Fanalyst Academy to access the Content.
Other than educational, personal, non-commercial uses, Fanalyst Academy expressly prohibits all other uses. You are not allowed to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Content unless given a clearly defined permission to do so in a written agreement signed by an authorised representative of Fanalyst Academy. This also applies to Content you can access via any of our APIs.
Fanalyst Academy issues lifetime access license to students when they enrol for a course or other published Content on the online platform. In a situation of contravening event due to established legal arrangements or policy, we reserve the right to revoke license to access any Content published on the online platform at any point in time. Kindly note that lifetime access is not applicable to enrolment through subscriptions plans or to add-on features and services linked with the course or Content you enrol in. This means that lifetime access is to the course content but not to the Instructor.
License to Content granted by Instructors directly to students shall be considered contravening, hence, null and void.
- Fees Payments, Promo Credits and Refunds
Pricing of Content on Fanalyst Academy is based on the terms stipulated in our Instructor term as well as our Promotions Policy.
You may find certain Content available at discounted rates for a specified period of time when we are running promotions and sales for our Content. Also, Content may have varying price depending on your status on Fanalyst Academy; a price offer for a specific Content when you are logged in as a regular user may differ from price offered to an unregistered or new user.
Currency is listed based on your location or country of residence when you created your account. If you belong to a country where use and sales tax, goods and services tax, or value added tax is imposed on consumer sales, Fanalyst Academy will collect and remit that tax to the proper authorities. This entails that, depending on your location, the price offering you see may include taxes or it may be added at checkout.
3.2 Fees Payments
By agreeing to pay the fees for published Content, you are authorising us to charge your debit or credit card or process other means of payment for the price attached to the Content purchased. Fanalyst Academy collaborates with “Stripe” to ensure payments are conveniently carried out as well as keep your payment information confidential. Updates may be made to your methods of payment by using information made available by our payment service providers. Check out our Privacy Agreement for more details.
Kindly note that when making a purchase; you are agreeing not to use an unauthorised payment method. In the event of a failed payment for Content yet you get to access the Content you are enroling in, you agree to pay Fanalyst Academy the corresponding fees within 25-30 days upon getting notified. We reserve the right to terminate access to any Content for which no payment was made.
3.3 Cash Refunds and Promo Credits Refunds
In the event whereby the Content you purchased isn’t what you were expecting or doesn’t go in line with the course or courses you are offering, you can request for a refund within 30 days of your purchase of the Content. Note that students are allowed 2-3 minutes free trial of the courses they are willing to purchase to ascertain if it suits their study programme. Hence, a student must have a justifiable reason to ask for a refund.
Kindly note that we don’t readily give refund and if it came to our notice that you are abusing this refund policy; by utilising a significant portion of the Content or circumventing and consuming the Content you want to have refund for or if you have previously requested and consumed a refunded Content, we reserve the right to deny your refund, decline future refund request from you and/or ban your account or deny you access to Content. Abusing the refund policy contravenes these terms, thus, you will not be eligible to receive a refund.
We reserve the right to make your refund at our discretion, either as a refund credit or cash refund to your original payment method depending on the capabilities of the payment service providers, the platform you used to purchase your Content and other factors.
Requesting for refund after 30 days of your purchase of the Content won’t be considered except if the Content purchased was disabled for legal or policy reasons or a case of suspected or confirmed account fraud arises.
As detailed in the Instructor agreement, instructors agree that students have the right to receive these refunds.
If refund credits are issued to you, they will be automatically reserved for your next Content purchase and the specified expiration period of the Promo Credits still applies. When the refunded Promo Credits expires they become useless for purchasing Content on the online platform.
3.4 Promo Codes
Students may be offered Promo Codes by Fanalyst Academy or an Affiliate. Certain Promo Codes may be redeemed for Promo Credits applied which may be usable for purchasing certain Content on our platform. However, it is subject to terms and conditions.
Promo Codes offered by Fanalyst Academy may not be converted to cash refunds, unless otherwise specified or stipulated by an applicable law. Note that Promo Codes offered by an Affiliate are subject to that Affiliate’s refund policies and in a situation of having multiple saved Promo Credits, Fanalyst Academy may determine which of the Promo Credits to apply to your purchase.
Note that these Promo Codes and Promo Credits, as well as any promotional value linked to them are subject to expiration if not used before the stipulated time.
- Dos and Don’ts
When using Fanalyst Academy either as an Instructor or a student, you are solely responsible for the knowledge of and compliance with local or national laws applicable to you. And Fanalyst Academy expects you to comply by these laws.
If you are a student, the Services enable you to ask questions to the instructors of courses or other Content you are enroled in, and to post reviews of Content. For certain Content, the instructor may invite you to submit Content as “homework” or tests. Don’t post or submit anything that is not yours.
As a student you are;
- Allowed to ask questions to the Instructors of courses or Content you are enroled in.
- Allowed to post your reviews of Content.
- Expected to submit Content as “assignments” or “tests” as instructed by a Instructor
- Not allowed to post or submit Content you have no right over.
As an instructor;
- You can submit and/published Content on the platform as well as communicate with the students who have enroled in your courses or other Content.
- In the cases mentioned above, you must abide by the law and respect the rights of others.
- Your course, question, answer, review or other Content mustn’t contravene local or national laws applicable to your country.
- You are solely responsible for any courses, Content, and actions you post or take on our platform.
- It is imperative you understand all the copyright restrictions established in the Instructor Agreement before you submit or publish any Content on Fanalyst Academy.
- In strict compliance to copyright laws, Fanalyst Academy reserves the right to remove your Content if it violates intellectual property laws. Also, if it came to our notice that your Content is inappropriate or questionable, we may remove your Content from our platform.
Fanalyst Academy reserves the right to impose restrictions or ban your account if you violate these Terms. Offenses or situations that could lead to restrictions or ban of your account include:
- failure to pay any fees when due
- Fraudulent chargeback requests.
- Request by law enforcement or government agencies.
- Extended periods of account dormancy.
- Suspicion of fraudulent or illegal activities.
- For any other reason in our sole discretion.
Please do not hesitate to bring to our notice any user that infringes on your intellectual property rights. For more details on how to file a copyright or trademark infringement claim with us, see our Copyright and Trademark Policy.
Fanalyst Academy reserves the right to either remove your Content from the online platform or retain it after your account has been deleted or you have been banned. You agree that upon deleting your account or banning you from accessing our platforms and services, Fanalyst Academy will have no liability to you or any third party.
- FanalystAcademy’s Rights to Your Content
As an Instructor or student, you retain ownership to the Content you post on Fanalyst Academy but by posting on our platform, you have allowed Fanalyst Academy to reuse and share the Content. If you are an instructor, be sure to understand the Content licensing Terms that are detailed in the Instructor Agreement.
Your Content, reviews, questions, comments and suggestions as posted on the online platform will be used, modified and distributed to anyone as well as promoted on any platform as Fanalyst Academy deems fit but with appropriate credit to you.
You agree that when you post Content on or through Fanalyst Academy platform, you grant us a free license (with the right to sublicense) to use your Content (including your name and image) as we so please including availing it to any media or organisation or affiliate currently existing or later developed. This means you waive any rights of privacy, publicity, or other rights as applicable to all these uses and to the extent permissible by applicable law. You agree and warrant that there will no compensation paid to you regarding our reserved rights to use your Content at our sole discretion. However, in the usage of your Content, Fanalyst will appropriately credit you.
- FanalystAcademy’s Immunity
Any user on Fanalyst Academy can create, submit or publish Content for learning purposes and we have no editorial control on Content posted or published on the platform. This means we do not check Content for legal issue and any Content containing legal issues whether in compliance with local or national law is solely the responsibility of the student or instructor that submitted or posted or published the Content.
If you access Content, you rely on any information provided by an instructor at your own risk. That is, while accessing a Content that exposes you to ideas or information you personally regard as offensive or questionable, Fanalyst Academy, according to the extent the laws permits, has no obligation to keep such Content from you as well as liability for your access or enrolment in any course or Content.
In your interaction with a student or an instructor, you must be wary of the type of personal information you divulge because we have no control over what students and instructors do with the information they obtain from each other.
However, we restrict the types of information instructors may request from students but for safety, you should not divulge personal information.
We are not liable for any form of relationship between instructors and students as well as disputes, claims, losses, injuries, or damage of any kind that might arise out of or related to the relationship.
While you use our services, you may find links to third-party sites beyond our control. You should note that we are not responsible for the Content or any other aspect of these third-party sites, including their access to information about you.
- FanalystAcademy’s Reserved Rights
Fanalyst Academy and its licensors have an exclusive right, title claim and interest on its online platform, existing or future softwares, APIs, databases and Content submitted or provided by its employers or partners (excluding Content provided by instructors and students).
By the laws governing intellectual property both in Nigeria and foreign countries, Fanalyst Academy reserves exclusive rights to the name Fanalyst Academy, trademarks, logos, domain name and other distinctive features owned and associated with the Fanalyst Academy brand. Content, comments, review, feedback or suggestions you may provide while accessing the services on our platform is entirely voluntary and can be use by us as we deem fit without any obligation to you other than crediting you as the source of the Content.
Here are the dos and don’ts you must abide by while using our platform:
- Try to gain access or gaining access to areas designated as non-public such as our computer systems, or our service provider’s technical delivery systems.
- Tamper with or try circumventing any of Fanalyst Academy security features or trying to probe the vulnerability of our systems.
- Copy our copyrighted or trademarked Content, features, products or services.
- Reverse engineering, or otherwise attempt to access any source code of Fanalyst Academy platform or Services.
- Searching or attempting to search our platform by another means other than via the search functionalities provided on the online platform or API. Scraping, using crawler, using robot or other automated means to access our platform is not allowed.
- Abusing the platform by sending false or deceptive information in the name of the platform.
- Disrupting or attempting to disrupt any user, host, or network from accessing the platform.
Sending a virus, malware, overloading or spamming the platforms or in any other way that burdens the platform.
Accessing our contents and services involves the use of our subscriptions plan for students. By subscribing to our services, you are agreeing to the terms in our subscription agreement. These terms are not applicable to Fanalyst Academy Affiliate Programme which is rather regularised by a mutual agreement between Fanalyst Academy and the subscribing organisation.
8.1 Subscription Plans
Upon subscribing to a subscription plan on our platform, you get a limited, non-exclusive, non-transferable license to access the content and services featured in that subscription plan. Check the terms included in the “Content Enrolment and Lifetime Access” section above for enrolments via Subscription Plans.
The features and price of your access to a Subscription Plan depends on the subscription you purchased or opted for. You may not transfer, assign, or share your subscription with anyone else.
However, for legal or policy reasons and at our sole discretion, we reserve the right to revoke any license to use the content in our Subscription Plans. Additional information on our right to revoke license is included in the “Content Enrolment and Lifetime Access” section.
8.2 Subscription Cancellation
Cancellation of your subscription to a subscription plan will end your access to that subscription plan and the Content therein on the last day of billing cycle. Unless applicable law warrants it, cancellation of your subscription doesn’t mean you will be entitled to a refund. Note that your Fanalyst Academy account won’t be terminated by cancelling your subscription.
8.3 Free Trials and Demos
At our sole discretion, your will be granted free access to a demo version of a course solely to show you the consumable Content therein. In this case, the Free Trial will run for a maximum of 3 minutes, after which you proceed to make a purchase. However, Fanalyst Academy reserve the right to stop you from accessing free demos of courses and suspend your subscription if we find reasons to believe you are ineligible.
Your subscription will automatically renew according to your subscription plan and settings (e.g., monthly or annually) unless you cancel your subscription prior to the beginning of a billing cycle. In this case there will be no renewal and charges won’t be made using the debit or credit card information you provided to us.
8.4 Fees Payments and Billing
As stipulated in the “Fees Payments, Promo Credits and Refunds” section, taxes may be added to your subscription fee and refunds are at our own discretion. For clarity check “Payments, Credits, and Refunds” section above.
A payment method must be provided in order to subscribe to a subscription plan. Your billing information must be provided which grants us and our payment providers the right to process payment following your purchase of a subscription plan tagged with an applicable fee. We will retain a record of your billing information with which we will use to automatically renew your subscription to the same subscription plan (same duration, same services and the then-applicable fees)
If we update your payment method using information provided by our payment services providers, (“Fees Payments, Promo Credits and Refunds”), you authorise us to maintain charges (the then-applicable fees) to your updated payment method.
In the event of a challenge in processing payment through your billing record or you issued a chargeback disputing charges made to your payment method and the chargeback was granted, we may either suspend your subscription or terminate it.
At our sole discretion, we reserve the right to modify our Subscription Plans or change pricing for our Services. You will be given prior notice of changes to your subscription plan.
8.5 Subscription Warranty
There are no warranties for the perpetual availability of a particular content or minimum amount of a particular Content in any subscription plan. At our sole discretion, we reserve the right to offer, discontinue additional features to any subscription plan, to alter or stop a subscription plan. These disclaimers are in addition to those listed in the “Disclaimers” section below.
- Miscellaneous Legal Terms
9.1 Binding Agreement
By registering, accessing or making use of our platform, you are automatically agreeing to our terms, thus, entering a legal contract with Fanalyst Academy. Do not register, access or use our platform if you don’t agree to our terms.
As an instructor, accepting our terms and utilising our platform as a representative of an organisation, government or legal entity, you represent having a warranty and authority to do so.
For convenience, any version of these terms may be provided in any language and if a conflict arises, you agree that the English Language will control.
As a user of our platform either as an instructor or student, these terms, inclusive of agreements and policies linked to it, comprises all the agreement legally binding us.
In the event where an applicable law renders any part of these terms invalid or unenforceable, the provision will be deemed superseded by a valid, enforceable provision that closely agrees with the intent of the original provision and the rest of these terms will remain effective.
Delay or failure to exercise our rights doesn’t mean we waive our rights as stated in these terms. We may decide to enforce or exercise these rights in the future. However, in a situation whereby we waive our rights, it doesn’t mean we waive our rights in entirety or in the future.
Note that the following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrollment and Lifetime Access), 5 (Fanalyst Academy’s Rights to Your Content), 6 (Fanalyst Academy Immunity), 7 (Fanalyst Academy’s Reserved Rights), 8.5 (Subscription Warranty), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
In a case whereby our platform is experiencing a downtime due to errors, security breach, disruptions or planned maintenance, or any of our instructors is making erroneous, sensitive or misleading statements in their content. You agree that you will not be given any recourse against Fanalyst Academy if any of these cases arise.
For clarity, you agree that our Services and Content are provided on an “as is” and “as available” basis. We, our affiliates, partners, agents, and other entities linked with us make no warranties of the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their Content, and disclaim any warranties either expressed or implied, including implied warranties of merchantability, suitability for a specific purpose, non-infringement, and title. We, our affiliates, partners, agents, and other entities linked with us make no warranty that you will obtain specific or desired results from use of the Services. Your use of the Services or Content is entirely at your own risk. Please note that some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not be applicable to you.
We may, at our sole discretion, decide to end the availability of certain features on our platform. We, our affiliates, partners, agents, and other entities linked with us will not be responsible for any damages caused by ending the availability of such features on our platform.
We are not liable for delay or failure in rendering our services due to happenings beyond our control, such as riots, act of war, sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
9.3 Limitation of Liability
To the extent permitted by law, We, our affiliates, partners, agents, and other entities linked with us bear no liability for any type or form of damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (including the liability of our affiliates, partners, agents, and other entities linked with us) to you or any third parties under any condition is limited to the greater of (monetary amount) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Please note that some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the terms above may not be applicable to you.
If you violate the law in way that lands us in trouble with law, we may exercise legal recourse against you. You agree to defend, indemnify and hold harmless Fanalyst Academy, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to;
- your violation of our terms;
- the content you post or submit on the platform;
- Your use of our services or;
- Your violation of any rights of a third party.
Your obligation to indemnify will survive the termination of these Terms and your use of our platform.
9.5 Governing Law
You are contracting with Fanalyst Academy Nigeria if you are a student or instructor located in Nigeria and these terms are governed by the laws applicable in Nigeria, without reference to its choice or conflicts of law principles and you consent to the exclusive jurisdiction and venue of courts in Nigeria.
If you are located outside Nigeria, you’re contracting with Fanalyst Academy and these Terms are governed by the local and national laws applicable in your country, without reference to its choice or conflicts of law principles.
9.6 Legal Action and Issuance of Notice
Regardless of form, no action ensuing out of or relating to these terms of agreement may be brought by either party after over a year the cause of action has ensued.
Notice or other communication to be given as provided by these terms will be in writing and communicated using registered or certified mail return receipt, or email (by us to the email associated with your account).
9.7 Relationship of the Parties
There is no joint venture, partnership, employment, contractor, or agency relationship existing between you and Fanalyst Academy.
Note that this doesn’t apply to our affiliates. Check out Affiliate Agreement.
9.8 Assignment of Right and License
You may not transfer the rights and licenses granted under these Terms to a separate person or entity. These Terms do not confer any right, benefit, or remedy on any third-party. However, we reserve the right to assign the rights and licenses hereunder to another company or person.
You agree that your account is non-transferable and all rights to your account and other rights terminate only in the event of demise.
9.9 Sanctions and Export Policy
You warrant that you are not located in a country subject to restrictions arising from sanctions or embargoes that violates the Terms and/or local and national laws applicable to us. If you become subject to such restriction while using our platform, you will give a notification within 24 hours, and we will reserve the right to terminate your account and further obligations to you, which will take effect immediately without further liability to you.
- Dispute Resolution
Note that most disputes can be resolved amicably. Therefore, before you bring a formal legal case, try to contact us first.
10.1 Small Claims
You and we can bring a claim in small claims court or another place we consent to, as long as it qualifies to be brought in that court.
If a dispute cannot be settled amicably, you and Fanalyst Academy agree to settle any claims related to these terms (or our other legal terms) via binding arbitration
In a case where our dispute cannot be amicably resolved, you and we agree to resort to a final and binding arbitration irrespective of the type of claim or legal theory. In a case where any of us elects arbitration whereas the other party declines, the one electing arbitration can ask the court to force us both to go to arbitration. Also, any of us can request that a court halts a court proceeding while an arbitration proceeding is ongoing.
10.3 Arbitration Process
The Arbitration Process shall be subject to either local or international statutes depending on the prevailing circumstance and the following rules will apply to the proceedings:
- At the choice of the party seeking relief, the arbitration will be carried out by any of the options indicated; telephone, online, or on written submissions;
- Unless agreed otherwise, there mustn’t be personal appearance by the parties and witnesses involved; and
- With competent jurisdiction, any judgment on the arbitrator’s rendered award may be entered in any court.
10.4 No Class-action policy
You and we agree that claims against each other can only be brought on an individual basis. Meaning:
- Neither you or we, as a plaintiff or class member bring a claim in a class action, consolidated action, or representative action;
- An arbitrator can’t preside over multiple people’s claims as a single case; and
- An arbitrator’s judgement or award in a person’s case can only affect that user, not other users, and can’t be used to judge other users’ disputes.
This “Dispute Resolution” section will be rendered null and void (excluding remainder of these Terms) if a court’s decision invalidates and renders unenforceable the “No class actions” clause.
If Fanalyst Academy changes this “Dispute Resolution” section after indicating consent and acceptance to these Terms, regardless of the “Updating these Terms” section below, you may reject any change by notifying Fanalyst Academy of your rejection in writing. Your rejection notice should be mailed; hand delivered, or emailed using the email address associated with your Account to (email). Your rejection notice must be sent within 30 days of the date the change(s) became effective, as indicated by “the last updated on” statement above. Your rejection notice must include your full name and your purpose to reject changes made in this “Dispute Resolution” section must be clearly stated.
As of the date you last indicated agreement with these Terms, your rejection means that you are agreeing to an arbitration if any dispute with Fanalyst Academy arises and in accordance with the provisions of the terms in this “Dispute Resolution” section.
- Modification ofTerms
Fanalyst Academy reserves the right to modify and/or make changes to these terms at its sole discretion. Updates may be made to these Terms to further clarify our practices or to adopt new practices. We will clearly notify you of updates or changes and updates or changes will take effect on the day they are posted except if stated differently.
After updates or changes have been made, your continued use of our platform shall indicate that you agree with those updates or changes.
- How to Contact Us
Fanalyst Academy would love to hear your enquiries and feedback about our Services. Kindly reach us by contacting our Support Team.