PRIVACY POLICY

Thank you for joining our TAGYARD digital learning platform to publish any courses or enrol in any courses in our course market. We at TAGYARD WORLDWIDES ("TAGYARD", "we", "us") respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data. Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use the TAGYARD website, mobile applications, APIs, or related services (the "Services").

By using the Services, you agree to the terms of this Privacy Policy. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.

1.0 WHAT DATA WE GET

We collect certain data from you directly, like the information you enter yourself and data about your participation in courses. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spending time using.

1.1 DATA YOU PROVIDE TO US

We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.
When you create an account and use the Services, we collect any data you provide directly, including:

ACCOUNT DATA

In order to use certain features (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number ("Account Data").

PORTFOLIO DATA

You can also choose to provide profile information like a photo, cover photo, and your name. This data will be display in TAGYARD social and academy for recognition and identification purposes. Meanwhile, we also collect privacy and contact information as a compulsory data collection for institution verification purposes.

TAGYARD portfolio also provides academic background and working experience as well as documentation update function for user to update personal experience as requested by specific program or course requirement.

SHARED CONTENT

Parts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.

COURSE DATA

When you enrol in and take courses, we collect certain data including which courses, assignments, and quizzes you’ve started and completed; your exchanges with instructors, course facilitators, and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.

STUDENT PAYMENT DATA

If you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip code. For security, TAGYARD does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.

INSTITUTION & INSTRUCTOR PAYMENT DATA

If you are an institution partner or verified instructor, TAGYARD will collect and set up a payment account to the Services to receive payments. When you link a payment account, we collect and use certain information, including your payment account email address, account ID, physical address, or other data necessary for us to send payments to your account. In order to comply with applicable laws, we also work with trusted third parties who collect tax information as legally required. For security, TAGYARD does not collect or store sensitive bank account information. The collection, use, and disclosure of your payment, billing, and taxation data are subject to the privacy policy and other terms of your payment account provider.

EVENT, PROMOTIONS, AND SURVEYS

We may invite you to complete a survey or participate in a promotion (like a contest, event, or challenge), either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as parts of participating, such as your name, email address, date of birth, or phone number. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.

COMMUNICATIONS AND SUPPORT

If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy.

The data listed above is stored by us and associated with your account.

1.2 DATA WE COLLECT THROUGH AUTOMATED MEANS

When you access the Services (including browsing courses), we collect certain data by automated means, including:

SYSTEM DATA

Technical data about your computer or device, like your IP address, device type, operating system type, and version, unique device identifiers, browser, browser language, domain, and other systems data, and platform types ("System Data").

USAGE DATA

Usage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services ("Usage Data").

APPROXIMATE GEOGRAPHIC DATA

An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.

The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by us and associated with your account.

1.3 HOW WE GET DATA ABOUT YOU?

We use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer you the ability to opt-out of data collection.

1.4 COOKIES AND DATA COLLECTION TOOLS

As detailed in our Cookie Policy, TAGYARD and service providers acting on our behalf (like Google Analytics and third-party advertisers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, "Data Collection Tools"") when you access and use the Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data when you use the Services. In some cases, we tie data gathered through those Data Collection Tools to other data that we collect as described in this Privacy Policy.

We use cookies (small files that websites send to your device to uniquely identify your browser or device or to store data in your browser) for things like analyzing your use of the Services, personalizing your experience, making it easier to log into the Services, and recognizing you when you return. We use web beacons (small objects that allow us to measure the actions of visitors and users using the Services) for things like identifying whether a page was visited, identifying whether an email was opened, and advertising more efficiently by excluding current users from certain promotional messages or identifying the source of a new mobile app download.

1.5 TAGYARD USES THE FOLLOWING TYPES OF COOKIES:

  • Preferences: cookies that remember data about your browser and preferred settings that affect the appearance and behaviour of the Services (like your preferred language).
  • Security: cookies used to enable you to log in and access the Services; protect against fraudulent logins; and help detect and prevent abuse or unauthorized use of your account.
  • Functional: cookies that store functional settings (like the volume level you set for video playback).
  • Session State: cookies that track your interactions with the Services to help us improve the Services and your browsing experience, remember your login details, and enable processing of your course purchases. These are strictly necessary for the Services to work properly, so if you disable them then certain functionalities will break or be unavailable.

You can set your web browser to alert you about attempts to place cookies on your computer, limit the types of cookies you allow, or refuse cookies altogether. If you do, you may not be able to use some or all features of the Services, and your experience may be different or less functional.
Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.

2.0 WHAT WE USE YOUR DATA FOR

We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyse how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity. We use the data we collect through your use of the Services to:

  • Provide and administer the Services, including to display customized content and facilitate communication with other users;
  • Process your requests and orders for courses, products, specific services, information, or features;
  • Communicate with you about your account by:
  • Responding to your questions and concerns;
  • Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;
  • Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt-out of at any time);
  • Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app);
  • Manage your account preferences;
  • Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
  • Solicit feedback from users;
  • Market and administer surveys and promotions administered or sponsored by TAGYARD;
  • Learn more about you by linking your data with additional data through third-party data providers or analysing the data with the help of analytics service providers;
  • Identify unique users across devices;
  • Tailor advertisements across devices;
  • Improve our Services and develop new products, services, and features;
  • Analyse trends and traffic, track purchases, and track usage data;
  • Advertise the Services on third-party websites and applications;
  • As required or permitted by law; or
  • As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

2.1 WHO WE SHARE YOUR DATA WITH

We share certain data about you with ERP owner, institution partner and verified instructor who being assigned as course facilitator, TAGYARD social buddy circle, companies performing services for us, our business partners, analytics and data enrichment providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it aggregated or de-identified or if we get your consent.

We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

  • With Your Institute and Instructors: We share data that we have about you with instructors or teaching assistants for courses you enrol in or request information about, so they can improve their courses for you and other students. This data may include things like your city, country, and your activities on TAGYARD. If we collect additional data about you (like age or gender), we may share that too. We will not share your email address with instructors or teaching assistants.
  • With Other Students and Instructors: Depending on your settings, your shared content, and profile data may be publicly viewable, including other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable by other users depending on your settings.
  • With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing, and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
  • To Administer Promotions and Surveys: we may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.
  • For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools, and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioural advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you.
  • For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
  • Permitted or required by law;
  • Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
  • Reasonably necessary as part of a valid subpoena, warrant, or another legally-valid request;
  • Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
  • Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
  • Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of TAGYARD, our users, employees, members of the public, or our Services.
  • We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.
  • During a Change in Control: If TAGYARD undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
  • After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.
  • With Your Permission: with your consent, we may share data with third parties outside the scope of this Privacy Policy.

2.2 SECURITY

We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it’s important to protect your password and to contact us if you suspect any unauthorized access to your account.

TAGYARD takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and TAGYARD, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact TAGYARD Technical Support with any concerns.

3.0 YOUR RIGHTS

You have certain rights around the use of your data. You can update your account from within our Services, and can also contact us for individual rights requests about your personal data. Parents who believe we’ve unintentionally collected personal data about their underage child should contact us for help deleting that information.

3.1 ACCESSING, UPDATING, AND DELETING YOUR PERSONAL DATA

You can access and update your personal data that TAGYARD collects and maintains by log into your account and update your portfolio at any time.

3.2 UPDATES & CONTACT INFO

When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism, required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.

3.3 MODIFICATION TO THIS PRIVACY POLICY

From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.

As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

COOKIE POLICY

1.0 WHAT ARE COOKIES?

Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on TAGYARD. Cookies also allow us to remember things about your visits to TAGYARD, like your preferred language, and to make the site easier to use.

We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into TAGYARD. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.

2.0 WHY DOES TAGYARD USE COOKIES AND SIMILAR TECHNOLOGIES?

We use cookies and similar technologies like web beacons, pixel tags, or local shared objects (“flash cookies”), to deliver, measure, and improve our services in various ways. We use these cookies both when you visit our site and services through a browser and through our mobile app. As we adopt additional technologies, we may also gather additional data through other methods.
We use cookies for the following purposes:
Authentication and security

  • To log you into TAGYARD
  • To protect your security
  • To help detect and fight spam, abuse, and other activities that violate TAGYARD's agreements
For example, cookies help authenticate your access to TAGYARD and prevent unauthorized parties from accessing your accounts.

Preferences

  • To remember data about your browser and your preferences
  • To remember your settings and other choices you’ve made

For example, cookies help us remember your preferred language or the country you’re in, so we can provide content in your preferred language without asking each time you visit.

Analytics and Research

To help us improve and understand how people use TAGYARD.
For example, cookies help us test different versions of TAGYARD to see which features or content users prefer, web beacons help us determine which email messages are opened, and cookies help us see how you interact with TAGYARD, like the links you click on.

INTELLECTUAL PROPERTY POLICY

TAGYARD is a technology platform that enables anyone anywhere to create and share educational courses. We host our institution partner and verified instructor courses on our online course market. Our course market model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. However, it is important to us that institution partners and verified instructors posting courses on TAGYARD respect the intellectual property of others. When institution partners and verified instructors post courses on our course market, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.

Infringing activity is not tolerated on or through our platform.

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the TAGYARD platform. The policy also addresses what we do when TAGYARD institution partners and verified instructors’ courses are copied on third-party platforms without their consent.

1.0 THIRD-PARTY COPYRIGHT INFRINGEMENT REPORTS

TAGYARD’s policy is to remove courses from our service when they are reported as infringing on a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any instructor who is determined to be a repeat infringer (for whom TAGYARD has received more than two valid takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.

1.1 HOW TO FILE A REPORT

If you would like to report a course on the TAGYARD course market and if you are the owner or the designated agent of the owner of the rights to the content that you believe the course is infringing, the most efficient way is to use send us an official email at tagyard.solutions@gmail.com. Before you submit a copyright infringement report, please remember these important things:

1. We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the instructor who published the course you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have the authority to represent the copyright owner (including if the copyright owner is an organization).

2. Your copyright claim has to be sufficiently substantiated for us to be able to address it. This means:

  • You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
  • If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
  • You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
  • You provide sufficient information for us to locate the reportedly infringing course(s) on the TAGYARD site (the URL on our website and the exact name of the course and instructor;
  • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.

3. Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. TAGYARD reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

4. There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright.

5. Consider whether the use of your material in the course is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a course’s use of your material qualifies as fair use, you should look at:
  • The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms your material)
  • The type of copyrighted work being used (whether your work is factual or creative)
  • The portion being used (whether the course uses small, necessary excerpts of your material or substantial portions of it)
  • The effect on the market for your material (whether potential buyers would purchase the course instead of your material)

Before you submit a copyright claim, make sure that the use of the content copied in the course does not qualify as fair use.

1.2 COUNTER-NOTIFICATION

If we receive a valid copyright violation report, we will send a copy of that report to the instructor who posted the reported course along with a notification that
  1. the course was reported for copyright infringement and
  2. we are removing the course from the TAGYARD service. We will also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your course has been reported for copyright infringement and removed from the TAGYARD service, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content in your course, then you may send us a counter-notification.

The best way to provide us with a counter-notification is to send an official email at tagyard.solutions@gmail.com, we provided you and send it back to the TAGYARD designated agent or the copyright team member who notified you. To be effective, a counter-notification must be in writing and include the following information:
  • Your physical or electronic signature;
  • Your name, address, and email address or telephone number,
  • Identification of the course that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your course, we always attach a copy when we notify you);

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. TAGYARD reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.

1.3 REPORTS FROM INSTITUTION PARTNER AND VERIFIED INSTRUCTOR OF INFRINGING CONTENT ON OTHER PLATFORMS

We understand that when you post and make available your courses on the TAGYARD course market, you want to make sure that you will not find your courses offered on another platform without your permission. To help combat copyright infringement and piracy affecting courses of our institution partner and verified instructors, we partnered with an anti-piracy vendor, to seek out and find instances of infringement and to have any infringing content removed from third-party platforms.

In the event you find your course available on another platform without your permission, please send us an official email at tagyard.solutions@gmail.com. The anti-piracy vendor will file copyright infringement reports and exercise legal actions to have the infringing content removed as soon as possible. Please keep in mind that since TAGYARD and anti-piracy vendors don’t control the content on other sites, we may not always be successful, especially if your content is on a site outside of Malaysia. Certain countries take different approaches to copyright law; as such, we cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.

1.4 THIRD-PARTY TRADEMARK INFRINGEMENT REPORTS

TAGYARD’s policy is to remove courses from our service when they are reported as infringing on a third-party trademark. We also reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of others. How to submit a trademark infringement report?

The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent through official email at tagyard.solutions@gmail.com, containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:

1. Your trademark claim has to be sufficiently substantiated for us to be able to address it. This means your communication must include substantially the following:

  • Your complete contact information (full name, mailing address, and email or phone number).
  • The specific word, symbol, etc. for which you claim trademark rights.
  • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
  • The country or jurisdiction in which you claim trademark rights.
  • The category of goods and/or services for which you assert rights.
  • Sufficient information for us to locate the material on TAGYARD that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).
  • A description of how you believe this content infringes on your trademark.
  • If you are not the rights holder, an explanation of your relationship to the rights holder.
  • The following statement: "I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law."
  • The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
  • Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Alex Doe") or physical signature.
2. Submitting a false or misleading claim of infringement could result in liability for you. TAGYARD reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

3. Consider whether the use of your trademark in the course is "nominative fair use". Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries laws include an exception for "fair use", which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that the use of your trademark in the course does not qualify as fair use.

2.0 CONFIDENTIALITY

a) Scope of Confidentiality. Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party ("Receiving Party") by the disclosing party ("Disclosing Party"), constitute the confidential information of the Disclosing Party ("Confidential Information"), provided that it is either identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without the use of or reference to the Confidential Information. The Disclosing Party may disclose the Receiving Party’s Confidential Information if required by law so long as the Receiving Party gives the disclosing party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.

b) Non-Use and Non-Disclosure. Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.

c) Processing of Personal Data. Notwithstanding the provisions of this section, the Customer agrees that TAGYARD may process Personal Data as necessary for (1) storage and other processing necessary to provide, maintain and update the Services, and (2) the provision of customer and technical support to Customer regarding the Services.

3.0 TERM AND TERMINATION

a) Duration of Term. This Agreement will commence on the Effective Date and will continue until all Order Forms hereunder have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the TAGYARD for Business Team plan that has disabled auto-renewal within the Services, Order Forms will renew automatically for additional terms of one year, unless terminated by either party by giving at least 30 days’ written notice prior to the end of the then-current term.

b) Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days’ written notice, unless such breach is cured during such 30 day notice period. If the Customer terminates this Agreement or any Order Form due to material breach by TAGYARD, then the Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date.

4.0 WARRANTY DISCLAIMER

EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, TAGYARD PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

5.0 LIMITATION OF LIABILITIES

NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS OVER THE FEES PAID OR PAYABLE BY CUSTOMER TO TAGYARD IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.

6.0 INDEMNIFICATION

a) TAGYARD's Indemnification Obligations. TAGYARD agrees to defend Customer for all third party claims arising from an allegation that Customer’s use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights ("Claim Against Customer"), and indemnify Customer from any damages, reasonable attorney fees, and costs incurred by Customer as a result of a Claim Against Customer. If the Services become subject to a third-party intellectual property claim, or TAGYARD believes that the Services will become subject to such a claim, then TAGYARD may elect to (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states TAGYARD’s sole liability to the Customer concerning a claim that any part of the Services infringes the intellectual property rights of a third party.

b) Customer's Indemnification Obligations. Customer agrees to defend TAGYARD for all third-party claims arising from Customer's violations of this Agreement ("Claim Against TAGYARD), and indemnify TAGYARD from any damages, reasonable attorney fees, and costs incurred by TAGYARD as a result of a Claim Against TAGYARD.

c) Requirements for Indemnification. For the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (3) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense.

Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.

Publicity. Customer grants TAGYARD the right to use the Customer’s company name and logo as a reference for marketing or promotional purposes on TAGYARD’s website and in other promotional materials.

Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labour conditions, failure by a third-party hosting provider or utility provider, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.

Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed), except, however, that either party may assign this Agreement and all Order Forms under this Agreement without the other party’s consent to an Affiliate or its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.

Entire Agreement. This Agreement constitutes the entire agreement between the parties about the subject matter hereof, and any written or oral agreements previously existing between the parties are expressly cancelled. This Agreement and any mutually executed Order Forms shall apply in place of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by TAGYARD, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.

INSTITUTION PARTNER & VERIFIED INSTRUCTOR

When you upgrade your public TAGYARD account to be institution partner under dedicated ERP owner and/or become verified instructor to develop course content, and/or facilitate a course in the TAGYARD course market, you agree to abide by these Institution partners & Verified Instructor Terms ("Terms"). These Terms cover details about the aspects of the TAGYARD platform relevant to institution partner & verified instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

1.0 INSTITUTION PARTNER & VERIFIED INSTRUCTOR OBLIGATIONS

As a course owner or member, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content"). You represent and warrant that:
  • you will provide and maintain accurate account information;
  • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize TAGYARD to use your Submitted Content as specified in these Terms and the Terms of Use;
  • your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
  • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
  • you will respond promptly to Students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:
  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
  • use the Services for business other than providing tutoring, teaching, and instructional services to students;
  • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
  • frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
  • impersonate another person or gain unauthorized access to another person's account;
  • interfere with or otherwise prevent other Instructors from providing their services or courses; or
  • abuse TAGYARD resources, including support services.

2.0 LICENSE TO TAGYARD

You grant TAGYARD the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, TAGYARD's right to sublicense the rights in this section will terminate concerning new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue following the terms of those licenses (including any grants of lifetime access) and (2) TAGYARD's right to use such Submitted Content for marketing purposes shall survive termination.

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant TAGYARD permission to use your name, likeness, voice, and image in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or TAGYARD's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

TRUST & SAFETY

1.0 TRUST & SAFETY POLICIES

You agree to abide by TAGYARD's Trust & Safety Policies, and other course quality standards or policies prescribed by TAGYARD from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to TAGYARD's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove courses, suspend pay-outs, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
  • an instructor or course does not comply with our policies or legal terms (including the Terms of Use);
  • a course falls below our quality standards or harms the student experience;
  • an instructor engages in behaviour that might reflect unfavourably on TAGYARD or bring TAGYARD into public disrepute, contempt, scandal, or ridicule;
  • an instructor engages the services of a marketer or other business partner who violates TAGYARD's policies; or
  • as determined by TAGYARD in its sole discretion.

2.0 COURSE FACILITATOR

The TAGYARD platform allows you to add other users as a module team member or course facilitator for courses that you manage. By adding a module team member or course facilitator, you understand that you are authorizing them to take certain actions that affect your TAGYARD account and courses. TAGYARD is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.

3.0 RELATIONSHIP TO OTHER USERS

Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the TAGYARD platform and that you won't solicit additional personal data or store students' data outside the TAGYARD platform. You will indemnify TAGYARD against any claims arising from your use of students' data.

4.0 ANTI-PIRACY EFFORTS

We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint TAGYARD and our anti-piracy vendors as your agents to enforce copyrights for each of your courses, through notice and takedown processes and for other efforts to enforce those rights. You grant TAGYARD and our anti-piracy vendor's primary authority to file notices on your behalf to enforce your copyright interests.

You agree that TAGYARD and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to tagyard.solutions@gmail.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

PRICING

1.0 PRICING SETTING

When creating a course, the institution partner will be granted a field to define a course price for the designed course. Alternatively, you may choose to offer your course for free.

2.0 PAYMENTS

2.1 REVENUE SHARE

When a student purchases your course, we calculate the gross amount of the sale as the amount received by TAGYARD from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, a 3% administrative and handling fee to calculate the net amount of the sale ("Net Amount").

TAGYARD makes all institution partners and verified instructor payments in Ringgit Malaysia (RM) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in RM).

2.2 RECEIVING PAYMENTS

For us to pay you promptly, you must submit your account detail in good standing and must keep us informed of the correct email associated with your account.

We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.

If we cannot settle funds into your payment account after the period set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you by our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

3.0 REFUNDS

You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Institution Partner & Verified Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's courses.

TRADEMARKS

While you are our institution partner & verified instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:
  • only use the images of our trademarks that we make available to you;
  • only use our trademarks in connection with the promotion and sale of your TAGYARD courses or your participation on TAGYARD; and
  • immediately comply if we request that you discontinue use.
You must not:
  • use our trademarks misleadingly or disparagingly;
  • use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
  • use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

MISCELLANEOUS LEGAL TERMS

1.0 UPDATING THESE TERMS

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TAGYARD reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

2.0 TRANSLATIONS

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

3.0 RELATIONSHIP BETWEEN US

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

REFUND PROCEDURES

We want you to be satisfied, so all courses purchased on TAGYARD can be refunded within 30 days. For whatever reason, if you are unhappy with a course, you can request a refund.

Most refunds are returned via the original payment method. Please note that certain restrictions may apply and some purchases may only be eligible for credit refunds. For more information, please see below.

1.0 HOW TO REQUEST A REFUND

You can quickly request a refund by contacting our technical support team. You can also make a refund request by sending an official email at tagyard.solutions@gmail.com, with the title of "Request a refund".

When you submit a refund request, please be sure to include the course URL.

Please be note that refund procedures only valid for a course that enrols and pays through our official payment gateway and your course progress must be less than 5% in total. Any other payment method makes rather than our official payment gateway is not under TAGYARD responsible.

2.0 REFUNDS FOR BUNDLES PURCHASED THROUGH THE THIRD PARTY

If you purchased the course through a third party vendor, unfortunately, we cannot process your refund. Since we did not process the original payment, we do not have the transaction on file, and cannot initiate a refund for you. Please contact the third-party vendor directly to request a refund.

3.0 REASONS FOR DENIED REFUNDS

While our 30-day refund policy is in place to protect students, we must also protect our instructors from fraud and provide them a reasonable payment schedule. Payments are sent to instructors after 30 days, so we will not process refund requests received after the refund window.

If all course content was downloaded before the refund was requested, the refund request may be rejected. Finally, students who purchase and refund multiple courses over an extended period may be subject to suspension for abuse of the refund policy.