These Terms and Conditions (“Agreement”) are entered into as of the date you click “Accept,” register, or otherwise use the EduCaribe website or services (the “Effective Date”), by and between EduCaribe Limited (“EduCaribe”, “we”, “us”, “our”) and you, whether you are an individual learner, instructor, organization, institution, or other entity (“User”, “you”, “your”). By using our platform at www.educaribe.org and any related services (collectively, “Services”), you agree to these Terms. If you are agreeing on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization. If you do not agree, you must discontinue use of the Services immediately.
1. Definitions
For the purpose of this Agreement, “Account” refers to a registered account on the EduCaribe platform. “Content” means all materials made available via the platform, including but not limited to courses, lessons, videos, text, graphics, quizzes, assessments, and downloadable materials. “Learner” means a User who consumes content for educational purposes. “Instructor” means a User or entity who creates, uploads, or delivers content through EduCaribe. “Organization” means any institution, business, school, or legal entity using EduCaribe for its members, staff, students, or employees. “Subscription” means any paid plan, recurring or one-off payment, granting access to specific content or services. “Confidential Information” means any non-public information disclosed by one Party to the other that is marked confidential or would reasonably be understood to be confidential under the circumstances.
2. Scope of Services and Use
EduCaribe provides access to a digital learning platform offering courses, learning materials, and institutional solutions. Subject to your compliance with this Agreement, EduCaribe grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and content for the term of your subscription or access period. You agree to provide accurate, current, and complete information when registering and to maintain the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account. You may not copy, reproduce, distribute, publicly perform, adapt, or modify the platform or its content without EduCaribe’s express written permission. You further agree not to use the Services for illegal or unauthorized purposes, including infringing intellectual property, engaging in harassment or fraud, spreading malware, or attempting to gain unauthorized access to EduCaribe systems.
3. Instructor Responsibilities and Content Ownership
Instructors warrant that they own or otherwise hold sufficient rights to all content they upload or deliver through EduCaribe, and that such content does not infringe intellectual property rights, violate rights of publicity or privacy, or breach any applicable law. By submitting content, instructors grant EduCaribe a worldwide, royalty-free, non-exclusive license to host, distribute, stream, reproduce, modify, and publicly display such content for the purposes of operating, promoting, and improving the Services. EduCaribe retains all rights, title, and interest in the platform software, user interface, design, and any improvements or enhancements made to the Services.
4. Fees, Payments and Refunds
All fees for subscriptions, courses, or services are stated at the time of purchase and must be paid via the approved EduCaribe payment gateways. You agree to pay all charges incurred under your account. Subscriptions may automatically renew at the end of their term unless cancelled in accordance with the cancellation policy. EduCaribe will provide notice of renewals or fee adjustments where required by law. Refunds, if applicable, are subject to EduCaribe’s refund policy and may only be granted under limited circumstances such as technical failures or misrepresentation of a course. Once a course or module has been accessed beyond certain thresholds, such as a quiz being attempted, a video watched, or a period of time elapsed, refund rights may be forfeited.
5. Term, Suspension and Termination
This Agreement begins on the Effective Date and continues until terminated in accordance with these Terms. EduCaribe may suspend or terminate access immediately if you materially breach any provision of this Agreement and fail to remedy the breach within a reasonable notice period. Severe violations, including copyright infringement, fraud, or illegal activity, may result in immediate suspension without notice. Upon termination, all rights to access the Services will cease and you must discontinue use of the platform and its content. Any outstanding fees owed to EduCaribe will become immediately payable. EduCaribe may retain limited copies of data or content as required by law or for backup purposes.
6. Intellectual Property Rights
EduCaribe and its licensors own all rights, including copyright, trademarks, trade secrets, and patents, in the platform, the software, the interface, and the content made available through the Services, except for content contributed by instructors or organizations, which remains under their ownership subject to the license granted to EduCaribe. The EduCaribe name, logo, and associated marks are trademarks of EduCaribe Limited and may not be used without prior written permission.
7. Confidentiality, Data Protection and Privacy
Both parties agree to protect each other’s confidential information with at least the same degree of care used to protect their own confidential information, but not less than a reasonable standard of care. Confidential information may only be used to perform obligations under this Agreement and may not be disclosed to third parties except to employees, contractors, or agents who need to know and are bound by confidentiality obligations. EduCaribe’s handling of personal data is governed by its Privacy Policy, which is incorporated into this Agreement by reference. EduCaribe complies with applicable data protection laws, including those of Trinidad and Tobago and, where relevant, international standards such as GDPR.
8. Representations, Warranties and Disclaimers
Each Party represents that it has the legal capacity to enter into this Agreement and will comply with all applicable laws and regulations. EduCaribe does not warrant that the Services will meet every user’s requirements, that they will be uninterrupted or error-free, or that they will always be available. The Services are provided on an “as is” and “as available” basis. EduCaribe disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Content may be temporarily suspended, updated, or removed as necessary.
9. Indemnification
You agree to indemnify, defend, and hold harmless EduCaribe, its affiliates, officers, employees, agents, and licensors against any claims, liabilities, damages, or expenses arising from your use of the Services in violation of this Agreement, your infringement of third-party rights, or any content you submit through the platform. EduCaribe will, in turn, indemnify you against third-party claims alleging that the EduCaribe platform technology, as provided, infringes upon intellectual property rights, provided that you promptly notify EduCaribe and allow EduCaribe to control the defense of such claims.
10. Limitation of Liability
To the maximum extent permitted by law, neither Party shall be liable for indirect, incidental, special, or consequential damages, including loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages. EduCaribe’s total liability for all claims under this Agreement shall not exceed the amount paid by you or your organization to EduCaribe in the twelve months preceding the event giving rise to the claim. This limitation shall not apply to breaches of confidentiality, obligations regarding personal data, or indemnification for intellectual property infringement, except where prohibited by law.
11. Notices and Communications
All notices required under this Agreement shall be in writing and delivered by email or other electronic means to the addresses provided by the Parties. Notices sent by email shall be considered received at the time of sending, provided no delivery failure notification is received. EduCaribe may also provide notices to Users through the platform, including account notifications or pop-up alerts.
12. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of Trinidad and Tobago. The courts of Trinidad and Tobago shall have exclusive jurisdiction over disputes arising out of this Agreement. You may not assign your rights or obligations under this Agreement without EduCaribe’s prior written consent. EduCaribe may assign its rights and obligations in connection with a merger, acquisition, or transfer of assets. Neither Party shall be liable for delays or failures caused by events beyond their reasonable control, including natural disasters, war, terrorism, or internet failures. Failure to enforce any provision of this Agreement shall not constitute a waiver. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force. This Agreement, together with EduCaribe’s Privacy Policy and any payment or course-specific terms, constitutes the entire agreement between the Parties.
13. Organizational and Institutional Use
Where Organizations purchase access for their staff, students, or members, additional provisions may apply. These may include licensing terms for multiple users, branding and co-branding requirements, reporting and administrative dashboards, integration with institutional systems, invoicing and payment schedules, and other negotiated terms. Any such provisions will be set out in a separate agreement or addendum.
14. Updates to Terms
EduCaribe reserves the right to modify or update these Terms at any time. Updates will be effective upon posting with a revised “Last Updated” date. Material changes may be communicated via email or prominent notice on the platform. Continued use of the Services after updates constitutes acceptance of the revised Terms.
15. Contact Information
For questions or concerns regarding these Terms, please contact:
EduCaribe Limited
Email: info@educaribe.org
Website: www.educaribe.org