Terms of Use

By registering for course(s) with NaMaYa, you acknowledge the completion date of your course(s). You must complete your course(s) within the given time period. This includes any extension dates provided. Courses will not transfer over to the next semester.

By registering for course(s) with NaMaYa, you acknowledge the credit fee – paid to the institution you are taking the course(s) with. This is mandatory for any form of PD; whether the course is taken online or at a brick and mortar location.

* Please note, most institutions have a non-refundable, non-transferrable policy for their course credit fee. Because of this, we ask that you complete your course(s) on time.

These Terms of Use apply for the use of the NaMaYa Services and by completing the user registration (creating a user account) you agree to be legally bound by (i) the terms and conditions (“Terms of Use”) governing your use of the NaMaYa Services and (ii) any and all Agreements entered between NaMaYa and Customer. Any limitations of NaMaYa’s obligations set out in Agreements between NaMaYa and Customer shall also be fully applicable with regard to the User.

Should you not, have such authority, be an authorized user and agree to these terms, you may not use the NaMaYa Services.
if you are a direct competitor, except having our prior written consent for purposes of monitoring performance, functionality, characteristics or other benchmarking or competitive measures

1) Definitions

1.1 “Users” means individuals who are authorized by Customer to use the Services, and have been supplied user identifications, passwords or other credentials by Customer (or by NaMaYa at Customer request) to register a user account and gain access to the Services provided by NaMaYa. Users may include, but are not limited to Customer employees, consultants, contractors and agents .

1.2 “Customer” means the individual or the legal entity who activates and assumes overall responsibility and payment obligations for Services provided by NaMaYa and to which the User is associated through an employment relationship, consulting arrangement or other circumstances whereas Customer allows User access to the Services

1.3 “Services” means the online, web-based application services, all the User’s Workspace, associated software, and other services related thereto provided to the User by NaMaYa in accordance with this agreement and with functions, features and characteristics as described at namaya.com, or any other affiliate or subsidiary sites provided by NaMaYa Inc. from time to time.

1.4 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.

1.5 “Customer Workspace” means a single service with a defined set of subscription terms and limited group of Users who are authorized to access the service.

1.6 “Web Site” means NaMaYa’s web site at namaya.com, school.namaya.com/pd, learn.namaya.com or any other affiliate or subsidiary sites provided by NaMaYa Inc.

2) Use Of The Services And Grant Of Rights

2.1 Subject to these Terms of Use and agreement with Customer, NaMaYa grants the User a non-transferable, non-exclusive, non-sublicensable, non-resellable term limited right to access and use the Services.

2.2 Upon a User(s) accepting these Terms of Use and creating a user account, such user account may be or may become subject to additional terms and conditions applied by Customer and/or Customer’s existing or future business arrangement or otherwise relation with NaMaYa and the Services. The User is aware of and acknowledges that the Customer may, in such event, and in their sole discretion take actions that could change the scope and characteristics of the Services provided to the User or impose access or other restrictions on the User’s access to and use of the Services and Content.

3) User Obligations

3.1 In consideration for use of the Service, the User agrees to: (a) provide true, accurate, current and complete information in the required fields as prompted by the Service’s registration form(s) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.

3.2 The User shall be responsible for the activities conducted through use of the Services vis-à-vis the Customer and shall further ensure compliance with all applicable laws and government regulations in conjunction with use of the Services. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.

3.3 The User shall be responsible for maintaining and monitoring its Workspace and shall be liable vis-à-vis NaMaYa concerning i) all Content transferred to or handled within the Services and which is processed by the User and/or individuals invited by the User and further ii) ensure that third party rights or governing legislation are not infringed or in any manner violated, and when applicable that the User possesses such necessary rights or licenses from third parties as may be required in order to process the Content/use the Services. Further, the User is aware of and acknowledges that it is not permitted to use the Services in order to gain, store or transmit material in violation of law or material which in any manner contravenes generally accepted practices.

3.4 The User undertakes to use the Services in a manner that does not prevent or disrupt other computer communications or other means of communications or prevent or disrupt the equipment employed to provide and use the Services.

4) Security And Passwords

4.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. NaMaYa shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.

4.2 The User shall be liable for all losses or damage incurred by NaMaYa where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by NaMaYa where the user identity and password otherwise become known to an unauthorized party, unless the User immediately notifies NaMaYa upon suspicion that such has occurred.

4.3 NaMaYa shall adopt reasonable measures ensuring that the security of the Services meet relevant industry standards.

5) Proprietary Rights

5.1 The User acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and agree not to disclose such information to any third party without NaMaYa’s prior permission. The User further acknowledge and agree that content or information contained in or presented, through the Service and by NaMaYa, may be protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws.

5.2 NaMaYa acknowledges that any and all Content, including copyrights, trademarks, database rights and other intellectual property contained in such Content are owned by the User or Customer. The User grant NaMaYa the right to use such Content only to the extent that NaMaYa needs to use the Content to provide the Services. NaMaYa does not obtain any right, title or interest in Content, except as specifically granted herein in order to provide Services to you.

5.3 The User acknowledge that NaMaYa from time to time will collect certain aggregate meta data as part of providing and analyzing the Service.

6) Personal Data

6.1 Upon User registration to the Services, the User and/or Customer provides certain data to NaMaYa, including but not limited to full name(s), e-mail address(es) and contact details for User(s). Following receipt of such data, NaMaYa will process the same using automatic data processing in order to enable administration and otherwise perform obligations within the scope of the Services. Section “. Below section “Confidentiality” will apply to any such personal information. Upon request, the User has the right to access the personal data related to the User.

6.2 In addition, in order for the User to be able to use the Services, the User must also allow NaMaYa to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies” or other means. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.

6.3 In accordance with the Personal Data Act (1998:204), NaMaYa must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data.

6.4 In accordance with the Electronic Communications Act (2003:389), NaMaYa must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.

6.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by NaMaYa of personal data as described above, (b) the storage of such data until the user account is terminated, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.

6.6 NaMaYa shall adopt reasonable measures to protect the privacy of the User. Applied information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.

7) Confidentiality

7.1 NaMaYa undertakes not to disclose to any third party, or otherwise make available, information received from the User within the scope of this agreement. “Third party” in this section shall not mean the Users who have access to the same Workspace, unless the Users’ authorization and access to the Workspace is specifically restricted by the User or Customer.

8) Term, Termination And Access Restriction Or Suspension

8.1 These Terms of Use shall enter into force upon acceptance by the User through execution of the Terms of Use online in conjunction with registration. These Terms of Use shall remain in full force for an indefinite term until such time that all Workspaces and the User account are closed.

8.2 Upon termination of a Workspace, the Agreement with Customer or these Terms of Use, NaMaYa shall not be responsible for the Content generated within the scope of the Workspace in question or the Services. Accordingly, it is the responsibility of the User and/or Customer to take necessary and adequate measures to safeguard possession of desired Content in the form of back-up copies or otherwise.

8.3 NaMaYa shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to terminate the User access where: (a) any of the User provided registration data and information is untrue, inaccurate, not current or incomplete. (b) the User uses the Services in a manner that entails the perpetration of a crime; (c) the User uses the Services in a manner resulting in or leading to risk of loss for NaMaYa or any third party; (d) the User uses the Services in a manner that violates the applicable security or administrative regulations; (e) it may be reasonably assumed that continued User access and use in any manner violates governing law; (f) use of the Services, in a manner, whereby the User seeks to utilize or utilizes resources of the Services not intended for the User; or (g) the User otherwise fails to comply with the above and such breach of is material.

9) Assignment

9.1 The User shall not be entitled to assign his/her rights or obligations under these Terms of Use.