Terms of Service

Section 1. Introduction and Binding Agreement

These Terms of Service constitute a legally binding agreement between AfricaConnectHub (referred to as the "Platform") and any natural or juristic person accessing the site africaconnecthub.com, its mobile applications, and associated services (referred to as the "User"). Under the corporate registries of Switzerland, the Platform is operated as a learning management system (LMS) connecting learners and instructors across Africa and internationally.

By creating an account, enrolling in a course, or otherwise interacting with the LMS Services, the User signifies conclusive and unconditional agreement to be bound by these Terms of Service. If the User does not agree to these terms, the User is strictly prohibited from accessing or using any portion of the platform.

Section 2. User Accounts and Security Credentials

To access the LMS Services, the User must register for a secure account. The User covenants that all information provided during registration is accurate, current and complete, and that such information will be promptly updated upon any material changes.

The User is solely responsible for maintaining the strict confidentiality of the account password and accepts absolute responsibility for all activities occurring under the account. A single login shared by multiple individuals is strictly prohibited, and credentials may not be transferred, assigned, or sublicensed. The Platform reserves the right to audit user records, IP usage patterns, and concurrent login attempts to verify compliance with this section.

Platform access and privileges are governed by a structured, role-based access control framework:

Section 3. Protection of Minors and Parental Consent Workflows

AfricaConnectHub is an educational platform that may be accessed by learners in different countries. Because rules on minors, digital consent, parental consent and online education vary by jurisdiction, the Platform applies a cautious approach to learner accounts involving minors.

If a learner is below the age of majority, the age of digital consent, or the age at which they may lawfully consent to the processing of personal data in their country of residence, the Platform may require consent from a parent or legal guardian before creating an account, enrolling the learner in a course, processing personal data, enabling communication features, issuing certificates, or allowing participation in live sessions.

Where the law of a learner's country provides stricter requirements than this Agreement, the stricter legal requirement will apply. Where the applicable age threshold is unclear, AfricaConnectHub may require parent or guardian involvement for learners under 18 as a default protective measure.

The following examples are provided for guidance only and do not represent a complete list of all countries where AfricaConnectHub may operate:

• Nigeria: Under the Nigeria Data Protection Act 2023, where a data subject is a child or lacks legal capacity to consent, the data controller must obtain consent from a parent or legal guardian when relying on consent. Additional regulatory rules may apply to children aged 13 and above in relation to electronic services.
• South Africa: Under POPIA, a child is generally defined as a natural person under the age of 18 who is not legally competent to act without the assistance of a competent person. Processing children's personal information may require the involvement of a competent person, such as a parent or legal guardian.
• Kenya: Under Kenyan data protection guidance and child protection rules, a child is generally treated as a person under 18, and parental or guardian consent may be required for processing children's personal data unless a lawful exception applies.
• European Union: Under GDPR Article 8, the default age for a child to consent to online information society services is 16, but EU Member States may lower this threshold to between 13 and 16. The applicable national rule must be checked.
• United Kingdom: Under the UK GDPR, children aged 13 and above may generally provide their own consent for online information society services when consent is used as the lawful basis. For children under 13, consent must be provided by a person with parental responsibility.
• United States: Under COPPA, online services directed to children under 13, or services that knowingly collect personal information from children under 13, may need to provide notice and obtain verifiable parental consent.
• Switzerland: Because AfricaConnectHub is operated from Switzerland, Swiss data protection and civil capacity rules may also apply. Switzerland does not always follow the same fixed digital consent model as the GDPR. Where necessary, AfricaConnectHub may require parent or guardian consent for minors or for learners who cannot validly consent on their own.

AfricaConnectHub may use reasonable age-assurance or parental-consent measures, taking into account the learner's country, the learner's age, the type of course, the amount and sensitivity of data collected, and the available technology. If the Platform does not yet operate a full technical parental consent workflow, this section should be implemented operationally before direct registration by minors is allowed.

Parents and legal guardians may contact AfricaConnectHub to review, correct, restrict or request deletion of a minor learner's personal data, subject to legal retention duties, course completion records, payment records and other lawful obligations.

Section 4. Proprietary Rights and Limited License Grant

All systems, source code, user interfaces, documentation, databases, and proprietary course content developed or hosted by the Platform (collectively referred to as "Platform Property") remain the exclusive property of the Platform or its third-party licensors.

Subject to compliance with these terms and payment of applicable fees, the Platform grants the Learner a limited, non-exclusive, non-assignable, revocable, personal license to access and view the purchased Course Content solely for educational purposes. The User shall not copy, duplicate, modify, create derivative works of, disassemble, reverse compile, reverse engineer, frame, or embed any portion of the LMS Services.

Section 5. Payment Processing and Financial Disclosures

All financial transactions on africaconnecthub.com are processed through Stripe (for learner course purchases and subscriptions) and Payoneer (for instructor payout transfers). The Platform does not store complete card numbers, CVVs, or expiration dates on its servers, and all transaction processing is governed by the respective third-party privacy and security standards.

The Platform shall disclose the full, effective price of any course or subscription, including value-added tax (VAT) and any applicable regional taxes or processing fees, prior to the finalization of the purchase. In accordance with Swiss and European e-commerce standards, the order button bears explicit, legible wording indicating a binding obligation to pay.

Section 6. Multi-Jurisdictional Refund and Cancellation Rights

Subsection 6.1 European Union and United Kingdom (Directive (EU) 2023/2673)

Consumers located within the EU or UK possess a statutory right to withdraw from distance contracts within fourteen (14) calendar days of purchase without penalty and without providing a reason.

Pursuant to Article 16(m) of the Consumer Rights Directive, this right of withdrawal is fully waived, and the transaction is deemed final, if the Learner has provided express prior consent to the immediate supply of the digital content at checkout and has formally acknowledged the subsequent loss of the withdrawal right.

For eligible contracts where the right has not been waived, the Platform provides a prominent, continuously accessible electronic button labeled "Withdraw from Contract Here" within the customer dashboard, generating an automatic receipt on a durable medium upon activation. Refund payments shall be completed within fourteen (14) days of receiving the request using the original payment mechanism.

Subsection 6.2 South Africa (ECTA & CPA)

South African Learners who purchase courses online are entitled to a seven (7) day cooling-off period under Section 44 of the Electronic Communications and Transactions Act (ECTA). This right allows the consumer to cancel the transaction without reason or penalty within seven days of the contract conclusion.

However, in terms of Section 42(2) of ECTA, the cooling-off period is not applicable to services that began with the consumer's consent before the expiration of the seven-day period, or to digital content that has been unsealed, downloaded, or streamed by the Learner. Refunds issued under a valid ECTA cancellation must be processed by the Platform within thirty (30) days of the cancellation notice.

Subsection 6.3 Nigeria (FCCPA)

In accordance with the Federal Competition and Consumer Protection Act (FCCPA) of 2018, blanket "no refund after payment" policies are void and legally unenforceable in Nigeria.

The Learner is entitled to a full refund or a proportionate remedy if the delivered Course Content is defective, unsuitable for its intended purpose, or if the service is not rendered in a timely, professional manner. The Learner retains the right to cancel advance reservations or enrollments subject to a reasonable, proportionate cancellation charge imposed by the Platform, taking into account notice periods and operational costs.

Subsection 6.4 Kenya (Consumer Protection Act)

Under Cap 501 of the Consumer Protection Act of Kenya, the Learner has a statutory right to cancel an internet agreement within seven (7) days of entering into the contract if the supplier did not disclose pre-contractual transaction details.

If an e-learning course contains hidden defects, is materially misrepresented, or fails to conform to its description, the Learner has an unconditional right to reject the service and demand a full refund or a replacement.

Section 7. Instructor Governance and Payout Protocols

Subsection 7.1 License Grant for Course Materials

By publishing Course Content on africaconnecthub.com, the Instructor grants the Platform a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, stream, distribute, promote, and market the course materials across all digital media. The Instructor represents and warrants that they possess all necessary rights and clearances for all uploaded media, music, code, and text, and that the content does not infringe on third-party copyrights or trademarks.

Subsection 7.2 Revenue Share, Platform Fees, and Payout Schedule

Subsection 7.3 Data Privacy and Confidentiality Covenants

The Instructor is an independent controller of any Learner data accessed through the platform. The Instructor covenants to use Learner data strictly for legitimate, instructional purposes. The Instructor is strictly prohibited from exporting, scraping, or transferring Learner directories, email lists, or messaging records to any external CRM, marketing list, or third party. Upon course termination, the Instructor must immediately delete and destroy all personal Learner records.

Subsection 7.4 Non-Circumvention Covenants

The Instructor shall not solicit, encourage, or arrange for Learners to process transactions or pay course fees off-platform or through external billing systems. This non-circumvention obligation remains in effect for twenty-four (24) months after the last interaction between the Instructor and a Learner on the platform.

Violations will result in immediate account termination, forfeiture of pending balances, and a liquidated damages penalty equal to six (6) months of estimated platform commission, or USD 5,000, whichever is greater.

Subsection 7.5 Independent Contractor Status

The Instructor operates strictly as an independent contractor, and nothing in these terms establishes an employment, partnership, or agency relationship. The Instructor is solely responsible for calculating and remitting all applicable income taxes, self-employment taxes, and local levies to their tax authority.

Section 8. User Content and Reviews

If the LMS Services permit the User to post reviews, comments, suggestions, or other user-generated content (referred to as "User Content"), the User grants the Platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, publish, and display such content.

The User warrants that the User Content is accurate, does not violate any third-party rights, and is not illegal, obscene, defamatory, or invasive of privacy. The User shall indemnify the Platform for all claims resulting from User Content supplied by the User.

Section 9. Disclaimers of Warranties and Limitation of Liability

The LMS Services are provided strictly on an "as is" and "as available" basis. Except where prohibited by mandatory consumer law, the Platform disclaims all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, and uninterrupted operation.

To the maximum extent permitted by Swiss federal law, the Platform's total, cumulative liability for any claim arising under this agreement shall not exceed the total fees paid by the User to the Platform during the three (3) months immediately preceding the event giving rise to liability, or AED 500, whichever is less.

Section 10. Governing Law, Arbitration, and Jurisdiction

This agreement is governed by the laws of Switzerland.

Subsection 10.1 Commercial Arbitration

Any dispute, controversy, or claim arising out of or relating to this contract, including its validity, breach, or termination, between the Platform and any corporate client or Instructor, shall be resolved by binding arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre.

The tribunal shall consist of one (1) arbitrator, the seat of arbitration shall be Zurich, Switzerland, and the proceedings shall be conducted in English under the Expedited Procedure.

Subsection 10.2 Mandatory Consumer Forum

In disputes involving a B2C consumer contract under Article 32 of the Swiss Civil Procedure Code (CPC), the statutory places of jurisdiction shall apply. Actions brought by the consumer may be filed before the courts at the domicile of either the consumer or the supplier, and actions brought by the supplier must be filed exclusively at the consumer's domicile.

In accordance with Article 35 of the Swiss CPC, consumers may not waive this statutory forum by advance agreement.