Terms and Conditions for Use of the Learning Management System

1. Scope and Acceptance

1.1. These Terms and Conditions govern access to and use of the CareerSight Learning Management System (the “LMS”) operated by Career Dialogue Limited, t/a CareerSight by Phyllis Wakiaga (“CareerSight”, “we”, “us” or “our”).

1.2. By registering for, accessing or using the LMS, you confirm that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to them, you should not register for, access or use the LMS.

1.3. These Terms and Conditions shall be read together with any programme-specific terms, enrolment or acceptance documentation, privacy notices and other terms applicable to a CareerSight service, product or platform. Where there is a conflict, the terms specifically applicable to the relevant programme, service or platform shall prevail to the extent of the inconsistency.

2. The LMS and Access

2.1. The LMS provides users with access to CareerSight programmes, learning content, resources and related services.

2.2. Depending on the relevant programme and the access granted to a user, the LMS may enable users to:

• Access weekly learning modules;
• Join live learning sessions;
• Download programme resources and materials;
• Complete reflective exercises and assessments;
• Participate in mentoring simulations and other interactive activities;
• Submit assignments and coursework;
• Monitor learning progress; and
• Receive certification upon successful completion of applicable programme requirements.

2.3. Access to the LMS is primarily available to participants duly enrolled in an applicable CareerSight programme. CareerSight may also grant access, in whole or in part, to authorised mentors, facilitators, programme partners, sponsors or other approved third parties.

2.4. Access is personal to the authorised user and may be limited by programme, cohort, role, duration, functionality or other criteria determined by CareerSight.

2.5. CareerSight may grant, modify, suspend, restrict or terminate access to the LMS where reasonably necessary for technical, operational, security, compliance, disciplinary or other legitimate reasons, subject to any programme-specific terms that apply.

2.6. CareerSight may update, replace, add to or remove LMS features and functionalities from time to time. Where a material change affects an active programme, CareerSight will take reasonable steps to communicate the change to affected users.

3. LMS Features and Learning Experience

3.1. The LMS is intended to support a structured professional learning experience and may include:

• Cohort delivery;
• Live virtual learning;
• Guided reflection;
• Structured mentoring simulations;
• Competency-based assessment;
• Progress tracking; and
• Certification workflow.

3.2. The availability of any particular feature, module, resource, assessment, session or functionality may vary between programmes, cohorts and user roles.

3.3. Certification is subject to satisfaction of the requirements communicated for the relevant programme, which may include attendance, completion of modules, submission of assignments, assessments, participation requirements or other programme-specific criteria.

3.4. The LMS shall reflect a professional, executive education experience aligned with mentoring standards.

4. User Accounts and Responsibilities

4.1. You are responsible for providing accurate, complete and current information when registering for and using the LMS.

4.2. You must keep your login credentials confidential and secure and must not share, sell, transfer or otherwise permit another person to use your LMS account.

4.3. You are responsible for activity carried out through your account unless you have promptly notified CareerSight of suspected unauthorised access or compromise.

4.4. You must promptly notify CareerSight of any suspected unauthorised access, security incident or material technical issue affecting your account.

4.5. You must sign out of the LMS on any device that you no longer control or intend to give, sell or transfer to another person.

5. Acceptable Use

5.1. You shall use the LMS only for lawful purposes and in accordance with these Terms and Conditions and any applicable programme rules.

5.2. You must not:

• Access or use the LMS fraudulently or maliciously;
• Introduce viruses, malicious code or harmful data;
• Attempt to gain unauthorised access to the LMS, another user’s account or CareerSight systems;
• Damage, disable, overburden, impair or interfere with the LMS or its security;
• Reverse engineer, decompile, disassemble, tamper with or bypass security features of the LMS except where expressly permitted by law;
• Scrape, harvest or systematically extract information or data from the LMS without written authorisation;
• Transmit unlawful, defamatory, abusive, discriminatory, offensive or otherwise inappropriate material; or
• Use the LMS in a manner that infringes the rights of CareerSight or any third party.

5.3. Learning content and resources made available through the LMS are for the authorised user’s personal learning and professional development and must not be distributed, resold or commercially exploited without prior written permission from CareerSight.

6. Intellectual Property

6.1. All intellectual property rights in or relating to the LMS and CareerSight content, including copyright, trademarks, designs, programme materials, frameworks, methodologies, assessments, templates, recordings, graphics, software and other proprietary materials, are owned by or licensed to CareerSight unless otherwise stated.

6.2. Subject to these Terms and Conditions, CareerSight grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the LMS and the content made available to you solely for the purposes of participating in the relevant programme or authorised activity.

6.3. Except as expressly permitted by CareerSight, you may not copy, modify, reproduce, publish, distribute, transmit, display, license, sell, create derivative works from or otherwise exploit any CareerSight intellectual property or LMS content.

7. Personal Information and Privacy

7.1. CareerSight processes personal data in connection with the LMS in accordance with applicable data protection laws and CareerSight’s Privacy Policy, as updated from time to time.

7.2. The Privacy Policy explains, among other matters, the categories of personal data collected, purposes of processing, sharing, retention, security safeguards and the rights available to data subjects.

7.3. The Privacy Policy is available on CareerSight’s official website. If you are unable to access it, you may request a copy through the contact details set out in these Terms and Conditions.

8. Availability, Technical Requirements and Third-Party Services

8.1. CareerSight will use reasonable efforts to keep the LMS available and functional but does not guarantee uninterrupted, error-free or continuous access.

8.2. Access may be interrupted by maintenance, upgrades, internet or telecommunications failures, security incidents, third-party service failures or other circumstances beyond CareerSight’s reasonable control.

8.3. You are responsible for obtaining and maintaining the device, internet connection, software and other technical requirements necessary to access the LMS.

8.4. Certain LMS functions may rely on third-party platforms or services. Your use of those services may also be subject to the relevant third party’s terms and privacy practices.

9. Disclaimer and Limitation of Liability

9.1. The LMS and its content are provided on an “as available” basis. CareerSight will exercise reasonable care in providing the LMS but does not warrant that every feature or function will always be available, accurate, uninterrupted or free from defects.

9.2. CareerSight shall not be liable for loss arising solely from circumstances beyond its reasonable control, including failures of internet connectivity, user devices or third-party systems.

9.3. To the fullest extent permitted by law, CareerSight shall not be liable for indirect, incidental, special or consequential loss arising from use of or inability to use the LMS.

9.4. Nothing in these Terms and Conditions excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

10. Suspension and Termination

10.1. CareerSight may suspend, restrict or terminate a user’s access to the LMS where the user breaches these Terms and Conditions, applicable programme rules, intellectual property restrictions, security requirements or lawful instructions issued by CareerSight.

10.2. CareerSight may also suspend or restrict access where reasonably necessary for urgent security, technical, operational, legal or regulatory reasons.

10.3. Where reasonably practicable, CareerSight will notify an affected user of a material suspension or termination and the reason for it, except where notice would compromise security, breach legal obligations or be impracticable in an emergency.

10.4. Termination or expiry of LMS access does not affect rights or obligations that accrued before termination, and provisions relating to intellectual property, privacy, liability and dispute resolution shall continue to apply where relevant.

11. Amendments to These Terms and Conditions

11.1. CareerSight may amend these Terms and Conditions from time to time to reflect changes to the LMS, its services, applicable law, regulatory requirements or operational practices.

11.2. Material amendments will be communicated through the LMS, CareerSight’s website, email or another reasonable channel. Continued use of the LMS after the effective date of an amendment constitutes acceptance of the revised Terms and Conditions.

12. Governing Law and Dispute Resolution

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya.

12.2. Any dispute arising out of or relating to these Terms and Conditions or use of the LMS shall, in the first instance, be addressed through good-faith discussions between the parties. If the dispute is not resolved amicably, either party may pursue any remedy available under the laws of Kenya.

13. General Provisions

13.1. If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

13.2. A failure or delay by CareerSight to exercise a right under these Terms and Conditions shall not constitute a waiver of that right.

13.3. These Terms and Conditions, together with any programme-specific terms and policies expressly incorporated by reference, constitute the terms governing the user’s access to and use of the LMS.