Terms of Use and Sale (TUS)
Introduction
These Terms of Use and Sale (hereinafter referred to as the “Terms” or “TUS”) govern the conditions for accessing, using, and operating the Babylon Elearning platform, accessible through its website and all related digital services.
By accessing the Platform, creating an account, or using any of the services provided by Babylon Elearning, the user acknowledges that they have read these Terms and agrees to comply with them without reservation.
These Terms apply to all users of Babylon Elearning, whether acting as visitors, students, instructors, or any other individuals using the services offered through the Platform.
Babylon Elearning reserves the right to amend these Terms at any time to reflect changes in applicable laws, its services, or its functionalities. Any revised version shall become effective upon publication on the Platform. In the event of material changes, users will be notified through any means deemed appropriate by Babylon Elearning.
1. Publisher Identification
Babylon Elearning
Online Learning Marketplace
The Babylon Elearning platform is operated by EURL S.A.K Academy.
Company Name: EURL S.A.K Academy
Legal Form: Single-Member Limited Liability Company (EURL)
Registered Office: Villa C 82, Bois des Cars, Dely Brahim, Algiers, Algeria
Email: [email protected]
Phone: +213 558 33 58 20
Throughout these Terms, the expressions “Babylon Elearning,” “the Platform,” “we,” “us,” and “our” refer to the entity operating the Platform.
2. Definitions
For the purposes of these Terms, the following definitions shall apply:
Platform: The digital learning marketplace operated under the name Babylon Elearning, including its website and any associated applications or digital services.
User: Any individual who accesses the Platform, whether as a visitor, student, instructor, or otherwise.
Student: Any registered user who accesses courses, educational resources, assessments, certificates, or any other learning materials available on the Platform.
Instructor: Any user authorized by Babylon Elearning to create, publish, distribute, or sell educational content through the Platform.
Account: The personal user profile created on the Platform, enabling access to features and services corresponding to the user’s status.
Course: Any educational program made available through the Platform, including, without limitation, video lectures, written materials, presentations, practical exercises, quizzes, assessments, assignments, downloadable resources, and any other learning content.
Content: Any information, document, video, audio recording, image, text, presentation, assessment, questionnaire, file, or other material published or made available through the Platform.
Services: All services and functionalities provided by Babylon Elearning, whether offered free of charge or for a fee.
3. Account Registration
Access to certain features of Babylon Elearning requires the prior creation of a user account.
When registering, users agree to provide accurate, complete, and up-to-date information. Any inaccurate, incomplete, misleading, or fraudulent information may result in the suspension or permanent termination of the relevant account.
Each account is strictly personal. It may not be transferred, assigned, shared, lent, or used by any third party without the prior written authorization of Babylon Elearning.
Users are solely responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their accounts.
In the event of loss, theft, suspected unauthorized access, or compromise of login credentials, users must notify Babylon Elearning without undue delay.
Babylon Elearning shall not be held liable for any consequences resulting from fraudulent use of an account where such use results from the user’s failure to adequately protect their login credentials
4. General Terms of Platform Use
Users agree to use Babylon Elearning in good faith, responsibly, and in compliance with all applicable
laws and regulations.
Users are strictly prohibited from:
• using the Platform for unlawful, fraudulent, or unauthorized purposes;
• attempting to gain unauthorized access to Babylon Elearning‘s systems, servers, or networks;
• disrupting or interfering with the normal operation of the Platform or any of its services;
• introducing malware, viruses, malicious code, or any software intended to compromise the
security or integrity of the Platform;
• bypassing or attempting to circumvent any technical protection measures implemented by Babylon Elearning;
• impersonating another individual or entity;
• creating multiple accounts for the purpose of circumventing the Platform’s rules or restrictions;
• infringing upon the rights, reputation, or legitimate interests of Babylon Elearning, its users, partners, or affiliates.
Babylon Elearning reserves the right to take any measures it considers necessary to ensure the security, integrity, proper operation, and continued availability of the Platform
5. Access to Instructor Status
Access to the features reserved for instructors is not granted automatically.
Any user wishing to offer courses on Babylon Elearning must submit an application to obtain Instructor status and satisfy the eligibility requirements established by the Platform.
Babylon Elearning conducts a prior evaluation of all applications in order to preserve the quality of the educational content offered and to maintain a reliable learning environment for students.
The granting of Instructor status is at the sole discretion of Babylon Elearning.
Acceptance of an application does not create any obligation for Babylon Elearning to maintain such status indefinitely.
Before an Instructor account is activated, the applicant must successfully complete the verification procedures described in these Terms and, where applicable, execute the Instructor Collaboration Agreement.
6. Requirements Applicable to Instructors
Babylon Elearning is an online learning marketplace dedicated to providing students with high-quality educational content delivered by qualified and verified instructors. To maintain the trust of its users and uphold the Platform’s quality standards, all applicants seeking Instructor status must satisfy the requirements set forth below.
7. Identity Verification
Every applicant seeking Instructor status must successfully complete an identity verification process before their Instructor account can be activated.
For this purpose, Babylon Elearning may request one or more of the following documents or information:
• a valid National Identity Card;
• a valid Passport;
• a verified personal telephone number;
• a valid and verified email address.
Babylon Elearning reserves the right to request any additional documents or information reasonably necessary to confirm the applicant’s identity
8. Qualification Verification
To ensure the educational quality of the courses offered through the Platform, each applicant must demonstrate adequate knowledge, expertise, and competence in the subject matter they intend to teach.
Accordingly, applicants must provide at least one of the following supporting documents:
• a university degree;
• a professional certification;
• a training certificate;
• professional references;
• a portfolio showcasing relevant work or achievements;
• any other evidence demonstrating substantial professional or academic experience in the relevant field.
Babylon Elearning retains sole discretion to assess the relevance and sufficiency of the documents submitted and may reject any application where the evidence provided is considered insufficient to adequately demonstrate the applicant’s qualifications.
9. Verification of Academic Credentials
Where an applicant submits a diploma, certification, degree, or any document intended to demonstrate professional or academic qualifications, Babylon Elearning reserves the right to conduct any verification it deems appropriate.
In particular, Babylon Elearning may:
• request additional copies or certified true copies of submitted documents;
• require supplementary supporting documentation;
• verify academic or professional credentials with the issuing institutions whenever reasonably possible.
Failure to provide the requested documentation, or the discovery of inaccurate, misleading, or fraudulent information, may result in the rejection of the application or the immediate suspension of the Instructor account.
10. Professional Status
Depending on the nature of the Instructor’s activities and the applicable compensation arrangements, Babylon Elearning may require the Instructor to provide evidence of their professional status.
Such documentation may include, without limitation:
• an Auto-Entrepreneur Registration Card;
• a Commercial Registration Certificate;
• any other document demonstrating compliance with applicable legal or regulatory requirements governing the Instructor’s professional activity.
Submission of these documents does not guarantee acceptance of the application.
11. Instructor Collaboration Agreement
Access to the Instructor Dashboard is conditional upon the prior execution of a separate Instructor Collaboration Agreement between Babylon Elearning and the applicant.
This agreement governs the contractual relationship between the parties, including, without limitation:
• financial arrangements;
• the respective rights and obligations of each party;
• the conditions governing the publication and commercialization of courses.
These Terms do not replace or supersede the Instructor Collaboration Agreement, which constitutes an independent legal contract.
No Instructor account shall be activated until the Instructor Collaboration Agreement has been duly executed by both parties.
12. Course Review and Publication
Before being published on the Platform, each course may undergo a review process conducted by Babylon Elearning.
Babylon Elearning reserves the absolute right, at its sole discretion and without obligation to provide justification, to:
• approve a course;
• reject a course;
• suspend the publication of a course;
• remove any course that no longer satisfies the Platform’s quality standards.
Approval of a course does not constitute a guarantee that it will remain permanently available on the Platform.
Babylon Elearning reserves the right to conduct additional reviews at any time.
13. Minimum Quality Standards
All courses published on Babylon Elearning must comply with minimum educational and technical quality standards.
In particular, courses must provide:
• clear and intelligible audio;
• sufficient video quality to ensure a comfortable learning experience;
• a logical, structured, and progressive educational approach;
• accurate, reliable, and regularly updated information.
14. Instructor Availability
Instructors agree to provide reasonable support to students enrolled in their courses.
Except in exceptional circumstances, instructors are expected to respond to students’ questions within forty-eight (48) to seventy-two (72) hours.
15. Use of Artificial Intelligence
Babylon Elearning permits the use of artificial intelligence (“AI”) tools in the creation of educational content, provided that such use complies with these Terms.
Instructors agree to clearly disclose to students whenever a substantial portion of a course has been created, generated, or materially enhanced through the use of artificial intelligence technologies.
Such disclosure includes, without limitation:
• AI-generated voiceovers;
• virtual or AI-generated avatars;
• AI-generated images or illustrations;
• AI-generated or AI-enhanced videos;
• educational texts, presentations, or learning materials substantially produced using artificial intelligence.
The use of artificial intelligence does not relieve Instructors of their obligation to verify the accuracy, reliability, completeness, and educational value of all published content.
Instructors remain solely responsible for all information, materials, and educational content made available through their courses, regardless of whether such content was created manually or with the assistance of artificial intelligence tools.
16. Intellectual Property
Each Instructor represents and warrants that they own, or have obtained all necessary rights, licenses, permissions, and authorizations required to publish the content made available through Babylon Elearning.
Instructors are strictly prohibited from publishing content that:
• has been copied without authorization;
• reproduces copyrighted works without an appropriate license;
• infringes the intellectual property rights of any third party;
• originates from pirated, unlawful, or unauthorized sources.
Instructors retain full ownership of the intellectual property rights relating to the original content they create.
However, for the purpose of operating, maintaining, and promoting the Platform, each Instructor grants Babylon Elearning a worldwide, non-exclusive, royalty-free license, valid for the duration that
the course remains available on the Platform, authorizing Babylon Elearning to:
• host the course content;
• reproduce the content where necessary for the operation of the Platform;
• make the content available to enrolled students;
• promote and market the course through Babylon Elearning’s communication channels;
• make technical adaptations necessary for the proper distribution of the content across various digital devices, browsers, and platforms.
This license does not transfer ownership of the Instructor’s intellectual property to Babylon Elearning.
17. Protection of the Platform's Interests
To ensure the fair operation of the marketplace, Instructors agree not to circumvent Babylon Elearning or its business model. Accordingly, Instructors shall not:
• directly solicit students to purchase courses or services outside the Platform;
• provide payment methods or instructions intended to bypass Babylon Elearning‘s payment system;
• arrange private transactions with students introduced through the Platform for the purpose of avoiding applicable commissions or fees.
Any attempt to circumvent the Platform may result in disciplinary measures, including the suspension or permanent termination of the Instructor’s account.
Instructors also agree to maintain the confidentiality of all personal information to which they may gain access through their activities on Babylon Elearning.
Accordingly, Instructors shall not:
• collect students’ email addresses without authorization;
• create personal databases using information obtained from Platform users;
• use students’ personal data for commercial, advertising, or marketing purposes;
• disclose, transfer, or otherwise share such information with third parties without prior authorization or a lawful basis.
Any breach of these obligations shall constitute a material violation of these Terms and may result in immediate disciplinary action.
18. Instructor Compensation
Unless otherwise expressly provided in the Instructor Collaboration Agreement, revenue generated from the sale of courses on Babylon Elearning shall be distributed as follows:
• Seventy percent (70%) shall be paid to the Instructor.
• Thirty percent (30%) shall be retained by Babylon Elearning.
Babylon Elearning‘s share covers, among other things, the costs associated with hosting, course delivery, platform maintenance, payment processing, marketing and promotion, technical support, customer assistance, and the ongoing development and operation of the Platform.
19. Terms Applicable to Students
Babylon Elearning provides students with an online learning environment designed to promote knowledge acquisition, skill development, and collaboration within a secure, respectful, and engaging community.
Each Student agrees to use the Platform in accordance with these Terms and to respect the rights of other users.
20. Community Standards
Students are expected to interact respectfully with Instructors, fellow Students, and all members of the Babylon Elearning community.
The following conduct is strictly prohibited:
• any form of harassment, whether verbal, psychological, digital, or otherwise;
• insults, threats, defamatory statements, or abusive behavior;
• discriminatory, hateful, or offensive content based on race, nationality, ethnicity, gender, religion, disability, or any other characteristic protected by applicable law;
• any conduct likely to disrupt the proper functioning of the Platform or negatively affect other users.
Babylon Elearning reserves the right to remove any content published in violation of these Terms and to take any disciplinary measures it considers appropriate
21. Fair Use of the Platform
Students agree to use Babylon Elearning exclusively for their personal educational purposes.
Students further agree not to attempt to circumvent, disable, interfere with, or otherwise compromise any security features, technical limitations, or protection mechanisms implemented by Babylon Elearning.
22. Academic Integrity and Anti-Fraud Policy
To preserve the credibility of its educational programs and the value of the certificates issued through the Platform, Babylon Elearning maintains a zero-tolerance policy toward fraud, cheating, and dishonest conduct.
The following activities are strictly prohibited:
• creating multiple accounts to circumvent the Platform’s rules or restrictions;
• impersonating another individual;
• unlawfully sharing answers to examinations or assessments;
• using software, automated tools, or any other methods designed to manipulate examination results;
• attempting to obtain a certificate through fraudulent or dishonest means.
Babylon Elearning may implement manual or automated monitoring procedures to detect fraudulent activities.
Where there is a reasonable suspicion of fraud, Babylon Elearning may temporarily suspend the relevant account while an investigation is conducted
23. Protection of Educational Content
All courses and educational materials available on Babylon Elearning are protected by applicable intellectual property laws.
Unless expressly authorized by the rights holder or otherwise permitted by applicable law, Students shall not:
• unlawfully download content from the Platform;
• record course videos, whether in whole or in part;
• reproduce, copy, distribute, or redistribute educational materials;
• publish Platform content on the Internet or through any other medium;
• sell, rent, license, or otherwise transfer courses or educational materials obtained through Babylon Elearning;
• share their account or provide third parties with access to content for which they are not authorized.
Any violation of these provisions may result in civil and/or criminal proceedings, in addition to the sanctions provided under these Terms.
24. Ratings, Reviews, and Comments
Babylon Elearning encourages Students to share honest feedback in order to improve the quality of the courses offered on the Platform.
Students may rate courses and publish reviews or comments based on their personal learning experience.
All reviews must be genuine, objective, and based on actual participation in the relevant course.
Students shall not publish:
• false or misleading reviews;
• abusive, offensive, defamatory, or insulting comments;
• content unrelated to the course being reviewed.
Babylon Elearning reserves the right to moderate, hide, edit for compliance purposes where legally permitted, or remove any review or comment that violates these Terms
25. Certificates
Upon successful completion of certain courses, Babylon Elearning may issue a certificate confirming the Student’s participation or successful completion of the applicable course requirements.
Certificates issued by Babylon Elearning serve solely as evidence of course completion or successful participation within the Platform.
Unless expressly stated otherwise, such certificates do not constitute:
• a university degree;
• a government-recognized diploma;
• an official professional certification;
• a guarantee of employment;
• a guarantee of admission to any educational institution;
• a guarantee of success in any examination, competition, or professional certification process.
Any fraudulent use, alteration, forgery, or misrepresentation of a Babylon Elearning certificate is strictly prohibited.
Babylon Elearning reserves the right to revoke, invalidate, or refuse any certificate obtained in violation of these Terms
26. Student Payments
Access to certain courses or Platform features may require payment of the applicable fees displayed at the time of purchase.
Payments shall be processed using the payment solutions made available by Babylon Elearning.
Depending on the payment services available at the time of the transaction, accepted payment methods may include:
• CIB Cards;
• Edahabia Cards;
• Visa;
• Mastercard;
• any other payment method integrated into the Platform in the future.
All prices displayed on the Platform are expressed in the currency indicated at the time of purchase.
Babylon Elearning reserves the right to modify its prices at any time. Any pricing changes shall not affect purchases that have already been completed.
27. Instructor Payments
The terms governing Instructor compensation are set forth exclusively in the Instructor Collaboration Agreement entered into between Babylon Elearning and each Instructor.
Such agreement may include, among other things:
• payment procedures;
• applicable revenue-sharing arrangements;
• payment schedules;
• minimum withdrawal thresholds, if any;
• applicable tax and administrative obligations.
These Terms do not govern or replace those contractual provisions.
28.Refund Policy
The conditions under which a Student may request a refund are governed by Babylon Elearning’s Refund Policy, which forms a separate policy available on the Platform.
Babylon Elearning reserves the right to approve or reject any refund request in accordance with the criteria established in that policy.
Abusive, fraudulent, or repetitive refund requests may result in appropriate measures, including the suspension or termination of the Student’s account.
29. Account Suspension, Restrictions, and Termination
Babylon Elearning is committed to enforcing these Terms in order to maintain a secure, reliable, and respectful learning environment for all users.
In the event of any violation of these Terms, Babylon Elearning reserves the right, at its sole discretion and without prejudice to any other available legal remedies, to take any action it deems appropriate,
including:
• issuing a warning;
• restricting access to certain features or services;
• temporarily suspending an account;
• permanently terminating an account;
• initiating legal proceedings where justified by the circumstances.
30. Suspension of Instructor Accounts
An Instructor’s account may be suspended or permanently terminated, including but not limited to, in the following circumstances:
• submission of false, misleading, or fraudulent information during the verification process;
• use of forged diplomas, certificates, or supporting documents;
• infringement of intellectual property rights;
• publication of unlawful, deceptive, misleading, or fraudulent content;
• repeated publication of content that fails to meet Babylon Elearning‘s quality standards;
• failure to comply with these Terms or the Instructor Collaboration Agreement;
• attempts to circumvent the Platform by conducting transactions outside Babylon Elearning;
• unauthorized collection, use, or disclosure of Students’ personal data;
• repeated and substantiated complaints from users following investigation.
Babylon Elearning shall determine, at its sole discretion, the seriousness of the violation and the appropriate disciplinary action.
31. Suspension of Student Accounts
A Student’s account may be suspended or permanently terminated, including but not limited to, in the following circumstances:
• sharing account credentials with third parties;
• creating multiple accounts to circumvent the Platform’s rules or restrictions;
• cheating or engaging in fraudulent conduct during assessments or examinations;
• hacking or attempting to gain unauthorized access to Babylon Elearning‘s systems;
• unlawfully downloading, reproducing, distributing, or sharing educational content;
• harassment, abusive behavior, or conduct inconsistent with the Platform’s community standards;
• any use of the Platform in violation of these Terms or applicable law.
Where necessary to protect the security, integrity, or operation of the Platform, Babylon Elearning may immediately suspend an account without prior notice
32. Service Availability
Babylon Elearning shall use commercially reasonable efforts to ensure the continuous availability and proper functioning of the Platform.
However, access to the Platform or certain Services may be temporarily interrupted due to, among other things:
• scheduled or emergency maintenance;
• software updates or technical upgrades;
• system failures or technical incidents;
• communication network outages;
• or any other event beyond Babylon Elearning’s reasonable control.
Such temporary interruptions shall not give rise to any liability on the part of Babylon Elearning.
33. Limitation of Liability
Babylon Elearning operates solely as a digital marketplace connecting Instructors with Students.
Except where prohibited by applicable law, Babylon Elearning does not guarantee:
• employment opportunities;
• career advancement or promotion;
• success in examinations, competitions, or third-party certification programs;
• the achievement of any specific level of knowledge or professional competence;
• the commercial or professional success of any user.
Educational content published on the Platform is created under the sole responsibility of the respective Instructors.
Babylon Elearning shall not be liable for any errors, omissions, inaccuracies, or misleading information contained in courses published by Instructors.
To the maximum extent permitted by applicable law, Babylon Elearning shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including, without limitation, loss of data, loss of revenue, loss of business opportunities, or any other indirect losses arising out of or relating to the use of, or inability to use, the Platform, except in cases of gross
negligence or willful misconduct where liability cannot legally be excluded.
34. Force Majeure
Babylon Elearning shall not be held liable for any delay or failure in the performance of its obligations where such delay or failure results from a force majeure event as recognized under applicable law.
Force majeure events may include, without limitation:
• widespread Internet or telecommunications failures;
• large-scale cyberattacks;
• prolonged power outages;
• natural disasters;
• governmental actions or regulatory measures preventing the normal operation of the Platform;
• any other unforeseeable, unavoidable, and uncontrollable event beyond Babylon Elearning‘s reasonable control.
35. Personal Data Protection
Babylon Elearning places great importance on protecting the personal data of its users.
The collection, processing, storage, use, and protection of personal data are governed by the Babylon Elearning Privacy Policy, which forms an integral part of these Terms.
By using the Platform, users acknowledge that they have read and understood the Privacy Policy.
36. Ownership of the Platform
All elements comprising Babylon Elearning, including, without limitation, its trade name, trademarks, logo, visual identity, graphical interface, design, source code, software, databases, functionalities, documentation, and institutional content, are protected by applicable intellectual property laws.
Any unauthorized reproduction, modification, extraction, distribution, copying, reverse engineering, or commercial exploitation of any part of the Platform is strictly prohibited without Babylon Elearning‘s prior written consent.
37. Modification of the Services
Babylon Elearning reserves the right, at any time and at its sole discretion, to modify, suspend, discontinue, replace, or remove any part of the Platform, its Services, features, content, or offerings for technical, commercial, legal, security, or operational reasons.
Unless otherwise required by mandatory law, such modifications shall not entitle users to any compensation.
38. Severability
If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain valid, binding, and fully enforceable.
39. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the People’s Democratic Republic of Algeria.
In the event of any dispute arising out of or relating to these Terms, the parties shall first seek to resolve the matter amicably through good-faith negotiations.
If no amicable resolution can be reached, the dispute shall be submitted to the territorially competent courts of the People’s Democratic Republic of Algeria in accordance with the applicable laws and rules of jurisdiction.
40. Contact
If you have any questions regarding these Terms, the Babylon Elearning Platform, or any of the Services offered, you may contact us using the details below:
Babylon Elearning
Operated by EURL S.A.K Academy
Villa C 82, Bois des Cars
Dely Brahim, Algiers, Algeria
Email: [email protected]
Phone: +213 558 33 58 20
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