Terms of Use

These Terms of Use were last updated on October 15, 2017.

1. Introduction

THESE TERMS OF USE ("TERMS") BIND YOU, THE COMPANY YOU REPRESENT, AND THE COMPANY THAT REGISTERED YOU (COLLECTIVELY "YOU") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF jegan.my ("OUR", "WE", "US", OR "jegan.my") SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS APPLE TV, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR "SERVICES"). BY USING ANY OF THE jegan.my SERVICES OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLICK ON THE "X" BUTTON AND DO NOT USE THE jegan.my SERVICES. jegan.my'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY jegan.my, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Pre-arbitration clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH jegan.my THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 18.

All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in jegan.my's Privacy Policy ("Privacy Policy"), and Instructor Terms & Conditions ("Instructor Terms").

Any version of these Terms of Use 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.

2. Additional Agreements

Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.

Additionally, if You are an Instructor (as defined below), You are also subject to the Instructor Terms, which are hereby incorporated by reference into these Terms. If You are an Instructor, and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.

3. General

Our Services enable students ("Students") to connect with independent contractor instructors (the "Instructors", collectively with Students, the "Users") who provide live and recorded instruction, tutoring, and learning services (the "Courses") via Our Services. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.

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 jegan.my 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 to these Terms, 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. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.

jegan.my may modify the Services or discontinue their availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize jegan.my to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any Services pending resolution of any amounts due by You to jegan.my.

All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Services or Third Party Platforms (as defined in the next section) from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.

4. General Disclaimer

The Services are only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and the Students who purchase an Instructor's Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.

We do not control Submitted Content (as defined below) posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, jegan.my may expose You to Submitted Content that You consider offensive, indecent, or objectionable. jegan.my has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

The Services may give You access to links to third party platforms ("Third Party Platforms"), either directly or through Courses or Instructors. jegan.my does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, jegan.my does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect Your personal information and privacy on such Third Party Platform.

5. Conduct

You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree not to use the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Services.

6. Specific Obligations of Instructors

Please see Instructor Terms.

7. Specific Obligations of Students

As a Student, You represent, warrant and covenant that:

1. You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.
2. You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.
3. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable. You will not frame or embed the Services to circumvent the Services. You will not impersonate another person or gain unauthorized access to another person's Account. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services. You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information. You will not solicit personal information from any Instructor or other Student.

Students understand and agree that Instructors from whom Students may have purchased Course(s) may choose to terminate their Accounts with jegan.my and become inactive. jegan.my does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.

8. Registration

To use certain Services, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, UserName, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.

9. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where jegan.my provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to jegan.my with respect to Your Submitted Content and that jegan.my shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms. jegan.my hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms. Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed in section 15 below. jegan.my RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, jegan.my DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND jegan.my SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SERVICES OR THROUGH THE SERVICES IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to jegan.my in accordance with the procedures that We maintain under Our Intellectual Property Policy. All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses. You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Services or Third Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for jegan.my's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea. 10. Pricing, Payment & Taxes 1. Pricing. Pricing of jegan.my Courses is determined in accordance with the terms set forth in Our Instructor Terms and Our Pricing and Promotions Policy. If You are a Student, You agree to pay the fees for Courses that You purchase, and hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater. 2. Payment. All payments are made to jegan.my, Inc. European Union Users. By purchasing Courses (e.g. clicking or tapping the relevant purchase button), You are confirming that You want the Course immediately credited to Your Account and that by doing so You are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. Notwithstanding the foregoing, You will still be eligible for the 30 day refund right as set forth in this section 10. For avoidance of any doubt, refunds to You shall be applicable only in accordance with our refund policy described in this section 10. 3. Taxes. European Union. In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, jegan.my will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. jegan.my may at its own discretion increase the Sale Price where jegan.my is of the view that VAT may be due and jegan.my will have a liability to account for such. You will indemnify and hold jegan.my harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. All Other Countries. For sales of any Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). jegan.my is unable to provide You with tax advice and You should consult Your own tax advisor. 4. Rounding Off. jegan.my may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, jegan.my will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, jegan.my may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for jegan.my to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. 5. Foreign Currency. When browsing without logging in to Your Account, the Services will default the Sale Currency to the currency used in Your current geographic location. When you are logged in to Your Account, the Sale Currency will be based on Your geographic location as set upon Account signup. You cannot change Your displayed currency. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time. 6. Refunds. jegan.my offers Students a thirty (30)-day, no-questions- asked money back guarantee on Courses that are purchased on the jegan.my website (at www.jegan.my.com) or via Android applications. Any Courses purchased through Third Party Platforms or the iOS application will not be eligible for refunds. If You, as a Student, are unhappy with such a Course and request a refund within thirty (30) days of the date that You paid for access to that Course, We will provide You with a full refund of the amount You paid. To request a refund, please contact Us via support@jegan.my.com. Please note that if We believe that You are abusing Our refund policy in Our sole discretion, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You. If you are an Instructor, you acknowledge and agree that Students have the right to receive a refund as set forth in this section. See Instructor Terms for additional information on refunds. 11. Trademarks The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval. 12. Warranty Disclaimer THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, jegan.my AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. jegan.my AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF jegan.my OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK. 13. Limitation of Liability NEITHER jegan.my NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO jegan.my FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO jegan.my IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND jegan.my OR A REPRESENTATIVE OF jegan.my CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although jegan.my attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to privacy@jegan.my.com (with the subject line "Inaccuracies in Services on Third Party Platform Name") with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see our Intellectual Property Policy. System Outages. jegan.my periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that jegan.my has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks. 14. Indemnification You hereby indemnify, defend and hold harmless jegan.my, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 14, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses. Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred. 15. Termination jegan.my reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows: If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, jegan.my may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased; We may also take action for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section, (a) if You are a Student We will refund You for any access lost to Course(s) that You may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of Our refund policy set forth herein; and (b) If You are an Instructor, any such termination will also terminate Your right to offer Your Course(s) through Our Services, and jegan.my will pay all outstanding amounts owing to You up to termination date. Please note that Students who purchased your Course will retain access to the Course so long as jegan.my deems necessary. You may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account, by following the steps set forth in Our Privacy Policy and subject to the terms therein. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Services and Content. Any accrued rights to payment and Sections 4, 5, 11-16 and all representations and warranties shall survive termination. 16. Electronic Notices By using Our Services or communicating with jegan.my, You agree that jegan.my may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If jegan.my learns of a security system's breach, jegan.my may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to jegan.my at support@jegan.my.com. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, jegan.my may give You legal notice by mail to a postal address, if provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing. 17. Miscellaneous Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of jegan.my to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither jegan.my nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California. 18. Agreement to Arbitrate and Class Action Waiver THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA. Before bringing a formal legal case, please first try contacting our support team at support@jegan.my.com. Most disputes can be resolved that way. We Both Agree to Arbitrate. If we can't resolve our dispute amicably, You and jegan.my agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory. Either of Us can bring a claim in small claims court either in San Francisco, California, or the county where You live, or some other place we both agree on, if it qualifies to be brought in that court. In addition, if You or jegan.my brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or jegan.my may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor jegan.my can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply. The Arbitration Process. Any disputes between You and jegan.my relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and jegan.my agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and jegan.my relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person. Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Changes. Notwithstanding the provisions of the modification-related provisions above, if jegan.my changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing jegan.my written notice of such rejection by mail or hand delivery to: jegan.my, Inc. Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA 94107, or by email from the email address associated with your Account to: privacy@jegan.my.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and jegan.my in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

19. Health and Wellness Courses

By purchasing, enrolling and/or participating in any health, wellness and fitness course(s), events, activities, and other programs (the “Health and Wellness Course(s)”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Health and Wellness Course(s). You acknowledge that you have voluntarily chosen to participate in a program of physical exercise. You acknowledge that jegan.my and the instructor of the Health and Wellness Course strongly recommend that you consult with your physician prior to commencing any Health Course. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, safety signs or signals, rules, and verbal instructions given to you. In consideration of being allowed to participate in and access the Health and Wellness Course(s), you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Health and Wellness Course(s), (2) release, indemnify, and hold harmless the Health and Wellness Course instructor, jegan.my, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in any Health and Wellness Course(s), and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the Health and Wellness Course(s), (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in the Health and Wellness Course(s), and should not be participating in any classes.

Privacy Policy and Cookie Policy This Privacy Policy was last updated on September 12, 2017. All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Udemy's Terms of Use. Any version of this Privacy Policy 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 with any non-English versions. Udemy, Inc. a Delaware corporation located in San Francisco, California, United States of America ("Udemy", We", "Us", or "Our") respects Your rights regarding Your privacy and information, and We provide this Privacy Policy ("Privacy Policy") to help You understand how We collect, use, share, store and disclose information We obtain from or about You when You use the Services. This Privacy Policy applies to when You use Our Services where We provide a link to this Privacy Policy, unless otherwise stated or unless We provide a link to a different policy. This Privacy Policy also describes the choices available to You regarding the use of, Your access to and how to update and correct Your information. As used herein the term "use" shall mean use, access, install, sign into, connect with, download, visit or browse the Services, as defined in the Terms of Use. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND UDEMY, AND BY USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND THE TERMS OF USE. You should review this Privacy Policy in conjunction with Our Terms of Use and any other agreement or policy provided by Us that governs Your use of the Services. You should not use the Services if You do not agree with this Privacy Policy, Our Terms of Use and any other agreement or policy that governs Your use of the Services. Table of Contents 1. Information You Provide to Us Directly 2. Information We Collect through Automated Means 3. Cookies and Data Collection Tools 4. Analytics 5. Online Advertising 6. Our Policy Concerning Children 7. How We Use the Information We Collect 8. When and How We Share/Disclose Your Information with Third Parties 9. How Do We Keep Your Information Secure 10. Your Choices Regarding the Use of Your Information 11. California Online Privacy Act Notice 12. How Do You Access & Update Your Information 13. How to Delete Your Account and What Happens When Your Account Is Terminated or Deleted 14. Modifications to This Privacy Policy 15. International Operations: A Note to Users Outside of the U.S. and the EU 16. Your California Privacy Rights 17. Your Korea Specific Terms 18. Questions 1. Information You Provide to Us Directly Udemy may collect different information from or about You depending on the manner in which You use the Services. The following examples are provided to help You better understand the information We may collect through Your use of the Services. Please note, Udemy is not responsible for how others use information that is publicly available or otherwise accessible to others who have access to the Services. When You sign up for and use the Services (including through a Third Party Platform) We will collect any information You provide to Us directly such as the following: Registration Information: In order to use certain features of the Services, such as purchasing or registering for a Course, You are required to register for an Account, and in that case, We will collect and store any registration information You provided to Us, such as e-mail address, password, Your date of birth, and age, and we will assign You a unique identifying number (“Registration Information”). Profile Information: You may also have the option of providing additional information about Yourself, including but not limited to a photo, headline, website link, social media profiles, or other information you may choose to enter ("Profile Information") to create a profile ("Profile"). Your Profile and Profile Information will be publicly viewable to others. Public Posting / Shared Content: Some of the Services may allow You to interact with other Users and/or post, share, communicate or otherwise transmit content publicly, such as by posting comments in a Course page, sending messages to others, or posting photos (collectively "Shared Content" or "Public Posting"). We may collect and store Public Postings and Shared Content. Shared Content or Public Postings may be publicly available or viewable by others depending on where such content is posted. You hereby grant Udemy a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Public Postings and Shared Content. Course Information: Udemy allows You to enroll in and take online Courses on a variety of topics which are taught by Instructors where, among other things, You will see reviews for Courses by others. We collect information relating to taking Courses, including, without limitation, course, assignment, and quiz completion activity, interchanges with the Course Instructors, teaching assistants and other Students, answers to questions, essays and other items submitted to satisfy the Course requirements, ("Course Information"). You hereby consent to Our sharing of Registration Information (except for your email address), Profile Information, and Course Information to Instructors and teaching assistants. Udemy does not provide Students’ email addresses to Instructors or teaching assistants. Udemy does not control how Instructors or teaching assistants treat Registration Information, Profile Information, or Course Information and is not liable for Instructors’ or teaching assistants’ use of such information. Payment Information: If You make any purchases through our Services, such as for Courses, We may collect certain information regarding Your purchase (such as Your name and zip code) as necessary to process Your order. You will be required to provide certain payment and billing information directly to our payment processing partners, including but not limited to Your name, credit card information, billing address and zip code. We do not access, store or collect Your credit card information. If You are an Instructor, We may enable You to link Your PayPal account or other payment account to the Services so that We can pay You. When You link such account, You allow Us to collect and use certain information from such accounts to provide those payments, such as Your payment account email address or account ID, physical address, and other information necessary for Us to send payment to such account. We do not access, store, or collect Your payment card or bank account information. The collection, use, and disclosure of Your information will also be subject to the privacy policies and other terms of the payment account providers. You should review such privacy policies, terms, and other agreements. Information Received Through Your Third Party Platform: The Services may contain third party links or allow You to access the Services through Third Party Platforms, such as Facebook. If You use Our Services on or through a Third Party Platform, including via any any mobile and/or other Internet connected devices (“Wireless Devices”), or click on third party links, the collection, use, and disclosure of Your information and Your use of the Services will also be subject to the privacy policies and other terms of such third parties or Third Party Platforms. You should review such privacy policies, terms, and other agreements. When You use Our Services through a Third Party Platform, You allow Us to collect and use certain information from Your Third Party Platform profile or account as permitted by the terms of that Third Party Platform and Your privacy settings and in accordance with this Privacy Policy. By way of example only, We may collect some or all of the following information from Your Third Party Platform account when You register or use the Services on or through a Third Party Platform: Your full name Your profile picture or its URL Your ID Number, which is linked to publicly available information such as Your name and profile photo The login e-mail address Your physical location and that of Your access devices, including any Wireless Device Your gender Your birthday List of friends or contacts You may choose not to allow the Third Party Platform to provide Us with certain information about You, but You might not be able to use certain features of Our Services if You enable such restrictions. Sweepstakes, promotions, and Surveys: From time to time, We may ask You to complete a survey and/or offer You the opportunity to participate in promotions and/or sweepstakes (collectively, “Promotions”) via the Services or through a Third Party Platform. If You choose to participate in a Promotion, We will collect and store the information You provide in connection with Your participation in the Promotion, including, but not limited to, Your name, e-mail address, date of birth, and/or phone number. Such information shall be subject to this Privacy Policy unless otherwise stated in the official rules or guidelines of the Promotion or in another privacy policy governing the Promotion. Information we collect in connection with a Promotion will be used to administer the Promotion, such as by notifying winners and distributing prizes. As permitted by applicable law, Your information may also be used by Udemy or the Promotion sponsor for marketing purposes. Your entry into the Promotion may result in the addition of Your information to our mailing list as well as to the mailing list of our promotional partners. Acceptance of a prize may require You (unless prohibited by law) to allow Us to post publicly some of Your information via our Services, such as on a winner's page. In some instances, a third-party advertiser or sponsor may operate or host a Promotion on or through our Services, and collect Your information. In those cases, where We are not the sponsor or operator of the Promotion, We have no control over the information collected and, before participating, You should review the official rules as well as the advertiser's or the sponsor's privacy policy applicable to the Promotion. All of Our Promotions are intended for people who are the age of majority in their respective state, province or country unless otherwise expressly stated. Communications, Support Requests, Potential Abuse: If You contact Us for assistance, or to report a problem, concern, potential abuse or other issues regarding the Services, including before You have created an Account, We may collect and store Your contact information, communication, and/or other information about You, including but not limited to Your name, e-mail address, location, operating system, IP address, any other information You provide Us in the course of such communications, and/or other information that may be collected by automated means described herein. We reserve the right to conduct further research and obtain further information as necessary. We will use the information to respond to You and research Your request/communication, all in accordance with the provisions of this Privacy Policy. 2. Information We Collect Through Automated Means Technical and Usage Data When You access the Services, including browsing Our Courses, We collect certain information by automated means. This information may include without limitation: (a) technical information about Your computer or Wireless Device, such as Your IP address, device type, operating system type and version, unique device ID, browser, browser language, domain and other systems information, platform types (collectively, “Technical Information”); and (b) usage statistics about Your interaction with the Services, including Courses accessed, time spent on pages or the Services, pages visited, search queries, click data, portions of the Services used, date and time, and other information regarding Your use of the Services (collectively, “Usage Data”). This Technical Information and Usage Data, which may be linked to Your information, is collected through the use of server log files and tracking technologies, including: (i) cookies, which are small files that websites send to Your computer or Wireless Device to uniquely identify Your browser or mobile device or to store information in Your browser setting; and (ii) web beacons, which are small objects that allow Us to measure the actions of visitors using the Services. For more detailed information regarding how We use cookies and other technology, please review the additional information in this Privacy Policy under the Section entitled "Our Cookies Policy" and review the full Udemy Cookies Policy here. Geolocation Information: IP addresses received from Your browser or device may be used to determine Your approximate location, such as the city, state and/or country associated with an IP address. 3. Cookies and Data Collection Tools Like many websites and app providers, Udemy (and/or service providers acting on Our behalf, such as Google Analytics and/or our third party advertisers) may use server log files and automated data collection tools, such as cookies, tags, scripts, device or browser fingerprints, and web beacons (collectively, "Data Collection Tools") when You access and use our Services. In some cases, We tie the information gathered by these means to Our other information You provide and that we collect as described in this Privacy Policy. These Data Collection Tools automatically track and collect certain Technical Information and Usage Data that Your browser sends when You use our Services. In some cases, We will associate this Technical Information and Usage Data with other information about You. We use cookies for a variety of reasons, including to: (i) analyze the usage of our Services; (ii) provide a more personalized experience; (iii) allow You to more easily login to use our Services; and (iv) help make Your use of Our Services more efficient and more valuable by providing You with a customized experience and recognizing You when You return. We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing Us to know if a certain page was visited or whether an e-mail was opened; (ii) allowing Us to advertise more efficiently by excluding our current Users from certain promotional messages or identifying the source of a new installation. Udemy uses the following types of cookies: Preferences. We use preferences cookies to remember information about Your browser and how You prefer to use Our Service, i.e. to remember Your preferred settings that affect the experience of how Our Services look to You or behave when You access and/or use them, such as Your preferred language. Preference cookies make Your experience of interacting with Our Services more functional and customized to suit Your preferences. Security. We use security cookies to enable You to log-in and access Our Service, to protect Your Account against fraudulent log-ins by others, and help detect, fight, and protect against abuse or unauthorised usage of Your Account. Functional. We use functional cookies to make the experience of using Our Services better, like remembering the volume at which You like Your videos to play. Session State. We use session cookies to collect information about how You interact with Our Services, to help Us improve Our Services, as well as improve Your browsing experience. We also use session cookies to remember Your log-in details and to be able to process Your purchases of Courses. These are deemed strictly necessary to the working of the Services. If these are disabled, then various functionalities of our Services will be broken. You can set Your web browser to warn You about attempts to place cookies on Your computer, limit the types of cookies You allow or refuse cookies altogether; however, You may not be able to use some or all of the features of the Services, or Your experience will be different or less functional if You refuse/disable cookies. Third parties with whom We partner to provide certain features on Our site may use Local Storage Objects, also known as Flash Cookies (LSOs) to collect and store information. Various browsers may offer their own management tools for removing LSOs. To manage LSOs provided by Adobe, please click here . By using Our Services, You consent to Our use of cookies, web beacons, LSOs and other Data Collection Tools as described in this Privacy Policy. For more information, please see the Udemy Cookies Policy available here. 4. Analytics. We may use third-party browser and mobile analytics services on our Service, including but not limited to Google Analytics, Full Contact, Hotjar, and Intercom. These service providers use the sort of technology described above to help us analyze how users use the Services, including by noting the third-party website from which you arrive, how often You use the Services, the events that occur within the Service, usage data, performance data, and where the application was downloaded from. The information collected will be disclosed to or collected directly by these service providers, and We use this information to improve the Services, to better understand the functionality of the Services on a computer or other device, and to provide information that may be of interest to You. For instance, Hotjar generates heatmaps of user experiences and records, on a deidentified basis, information about your activity, such as mouse clicks, mouse movements, scrolling activity as well as certain text You type in the Services such as searches for Courses. You have some choices concerning our use of these analytics. For instance, to prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here; to opt out of Hotjar’s use of Your information for analytics click here. 5. Online Advertising We may use third-party advertising technologies that allow for the delivery of advertising about our Services on other websites You visit and other applications You use. The ads may be based on various factors such as the content of the page You are visiting, information You enter such as Your age and gender, Your searches, demographic data, user-generated content, and other information we collect from You. These ads may be based on Your current activity or Your activity over time and across other websites and online services and may be tailored to Your interests. We use third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to help deliver these tailored advertising on other websites and in mobile applications. These third parties may place cookies or other tracking technologies on Your computer, mobile phone, or other device to collect information about Your use of the Services as discussed above and may access these cookies or other tracking technologies on Your computer, mobile phone, or other device You use to access the Services in order to serve these tailored advertisement. We also may share with third-party advertisers a hashed version of Your email address that is anonymized and cannot be used to identify you, solely in non-human readable form and content that You share publicly when using the services (e.g, user-generated content) for purposes of delivering tailored advertising. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on Your computer, mobile phone, or other device You use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer You a way to opt out of ad targeting as described below. You may receive tailored advertising on Your computer through a web browser. If You are interested in more information about tailored browser advertising and how You can generally control cookies from being put on Your computer to deliver tailored advertising, You may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, You can visit the Google Ads Settings page. When using a mobile application you may also receive tailored in-application advertisements. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator. Please note that to the extent advertising technology is integrated into the Services, You may still receive advertisements on other websites and mobile applications even if You opt-out. In that case, the advertising will not be tailored to Your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices You make using these mechanisms or the continued availability or accuracy of these mechanisms. 6. Our Policy Concerning Children We recognize the privacy interests of children and We encourage parents and guardians to take an active role in their children's online activities and interests. Children under the age of 13, or 16 if such children resides in the European Economic Area, should not use or attempt to use Our Services. If We learn that We have collected personal information (as defined by applicable law) from a child under 13 or a child under 16 in the Europea Economic Area, We will take reasonable steps delete such information. Parents who believe that Udemy might have collected personal information from a child under the age of 13 may submit a request to privacy@udemy.com and request that the information be removed. 7. How We Use the Information We Collect Udemy may use the information We collect through Your use of the Services to: Provide, administer, and facilitate Your use of the Services, including to display customized content; Process or fulfill Your request(s) and/or order(s) for Courses, products, services, information or features; Communicate with You concerning Your Account by: Responding to Your questions or concerns; Sending You Service and administrative messages and information, including comments from Instructors or teaching assistants, those about changes to the Service, and updates to our Terms of Use, and Privacy Policy; Emailing You information or providing 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. You can manage push notifications from the "options" or "settings" page for the mobile application. Understand and improve the Services and develop new products, services or features; Enable User-to- User communication and interaction; Manage Your Account preferences, establish Your Profile and Registration Information; Facilitate the technical functioning of the Services, including without limitation to troubleshoot and resolve issues, secure the Services; and prevent fraud and abuse Respond to customer support questions and issues and resolve disputes; Create, review, analyze and share Technical Information; Analyze trends and User traffic, track purchases and usage information; Advertise our Services on third party websites or mobile applications Market, process or fulfill Promotions administered or sponsored by Udemy; Solicit feedback from Users; As required or permitted by law; As We, in Our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of Our Users, employees, third parties, members of the public, and/or our Services; Identify unique users across devices; or Tailor advertisements across devices. 8. When and How We May Share/Disclose Your Information with Third Parties We will share Your information which may include Registration Information, Profile Information, and Shared Content and Course Information) with the following third parties or under the following circumstances or as otherwise described in this Privacy Policy: About You with the Instructor: We may share Course Information, course, assignment, and quiz completion activity, and certain Registration Information (except for your email address) and Profile Information with Instructors or teaching assistants of the Courses in which You enroll or for which You request information. If You communication with an Instructor, such as by asking a question, that Instructor will be able to view Your name. We will not share Your email address with Instructors or teaching assistants. Third Party Business Partners, Service Providers, Contractors or Agents We may share Your information with third party companies that perform services on Our behalf, including for payment processing, order fulfillment, data analysis, marketing services, advertising services (including but not limited to retargeted advertising), e-mail and hosting services, and customer services and support. An example of these third party companies includes, but is not limited to Adroll. These third party service providers may access Your personal information, and are required to use it solely as directed by Us for the purpose of Our requested service. We may also share Your information with third party companies that we partner with to provide certain services to You in connection with the Services, including but not limited to Estacio (Our partner in Brazil), Benesse (Our partner in Japan), or other similar partners. Those partners’ collection and use of information is subject to their privacy policies and other terms. You should review such privacy policies, terms, and other agreements. About You with other Users As mentioned above your Profile Information may be publicly viewable, including to other Users. In addition, if you ask a question to an Instructor or Teaching Assistant, information about you, such as your name, may be publicly viewable by other Users. Analytics and Data Enrichment Services As discussed above, We use third-party analytics such as Full Contact, Google Analytics, Mixpanel, and Hotjar to help understand Your usage of our services and to improve our Service. We also use data enrichment services such as Clearbit, Intercom, and InsideView. We may provide Your contact information, Registration Information, Technical Information, Usage Data, or de-identified data or to data enrichment services to such third party analytics and data enrichment service providers, which match such information with publicly available database information, including contact and social information from other sources, such as Your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses. We use this combined information to communicate with You in a more effective and customized manner. Business Transfers, Sales, Mergers, or Divestitures In the event that Udemy undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, We may share, disclose or transfer all of Your information to the successor organization in such transition or during steps in contemplation of such activities (e.g., due diligence). With Your Permission We may share information with Your consent to third parties not within scope of this Privacy Policy. Aggregate or De-identified Information We may disclose or use aggregate or de-identified information for any purpose. Promotions We may share Your information in connection with any Promotion You enter on or through the Services, as necessary to administer, market, sponsor, or fulfill the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners' lists or make required filings as appropriate) or in accordance with the applicable rules of the Promotion. We may share Your information with a third party assisting us in administering the Promotion. Advertising of Third Party Products/Services While we do not currently offer advertising on the Services, if we do offer advertising in the future, we may use and share with third party advertisers (and other third parties) certain Technical Information, Usage Information and/or Aggregate Information to show general demographic and preference information among our Users. We may also allow advertisers to collect Technical Information or Aggregate Information, which they may share with Us, through the use of tracking technologies like cookies and web beacons. The information collected may be used to offer You targeted ad-selection and delivery in order to personalize Your User experience by increasing the likelihood that advertisements for products and services You see will appeal to You, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end User activity to improve Your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, You can visit the Network Advertising Initiative website. If You are located in the European Union and would like to opt- out, please visit this page. Please note this does not opt You out of being served ads. You will continue to receive generic ads. We do not control the above opt-out tools and are not responsible for their operation or which companies choose to participate in these programs. Social Media Features Our Services may include social media features, such as the Facebook Like button. Our integration of these features may allow third party social media provided to collect certain information such as Your IP address, which page You are visiting when using Our Services, and to set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly through the use of Our Services. Your interactions with these features are governed by the privacy policy of the company providing it. Safety, Security, Cooperation with Law Enforcement, & Compliance with Legal Obligations We may disclose Your information to third parties, if We, in our sole discretion, have a good faith belief that disclosure is: (1) permitted or required by law; (2) requested in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding; (3) required or reasonably necessary pursuant to a valid subpoena, warrant or other legally valid inquiry or request; (4) reasonably necessary to enforce Our Terms of Use, this Privacy Policy, or any other legal agreements; (5) required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or (6) required or reasonably necessary in Our discretion to protect against imminent harm to the rights, property or safety of Udemy, Our Users, employees, members of the public and/or our Services. We may also disclose information about You to Our auditors or legal advisors in conjunction with accessing Our disclosure obligations and/or rights under this Policy. 9. How Do We Keep Your Information Secure? Udemy takes appropriate security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, data that You share and We collect and store. These measures vary based on the sensitivity of the data we collect and store. Unfortunately, however, no system can be 100% secured, and We cannot guarantee that communications between You and Udemy, the Services, or any information provided to Us in connection with the information We collect through the Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time. Your password is an important component of Our security system. As such, it is Your responsibility to protect it. Do not share Your password with any third parties. If Your password has been compromised for any reason, You should change it immediately and contact support@udemy.com with any concerns. 10. Your Choices Regarding the Use of Your Information You can always choose not to provide certain information to Us but You may not be able to use certain features of the Services. If You do not wish to receive promotional communications from Us, You can opt-out by: (i) following the unsubscribe instructions provided in the promotional communication You receive; or (ii) managing Your e-mail preferences by signing into Your Account, clicking on the Account Settings link under the Your Profile button in the site header, and navigating to the Notifications tab. Please note that despite Your opt-out choice or indicated email preferences, We will still send You transactional and/or relationship messages regarding the Services, including, for example, administrative confirmations, order confirmation, important updates regarding the Services, and notices regarding our policies. The browser You use may provide You with the ability to control cookies or other types of local data storage. Your Wireless Device may provide You with choices around how and whether location or other data is collected and shared. Udemy does not control these choices, or default settings, which are offered by makers of Your browser or mobile device operating system. To prevent Google Analytics from using Your information for analytics, You may install the Google Analytics Opt-out Browser Add-on by clicking here. To opt out of Hotjar’s use of Your information for analytics click here. To opt out of Mixpanel’s use of your information, click here. For Your choices with respect to InsideView, please click visit here. For your choices with respect to Clearbit, please click here. You may also have other choices as descried in the Advertising of Third Party Products/Services section. If You have any questions about Your information, our use of this information, or Your rights when it comes to any of the foregoing, contact us at privacy@udemy.com. 11. California Online Privacy Protection Act Notice We are committed to providing You with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide information and choices discussed throughout this Privacy Policy. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions. 12. How to Access & Update Your Information You may access and update Your information that Udemy collects and maintains in the following ways: You may update the information You provide directly to Udemy by logging into Your Account and updating Your Account information at any time. You may also submit any requests for access to Your personal data to privacy@udemy.com or in writing to Attn Privacy/Legal Udemy, Inc. 600 Harrison Street, 3rd Floor, San Francisco, CA 94107. Please allow up to thirty (30) days for a response. To manage the information Udemy receives about You from a Third Party Platform or Wireless Device, please follow the instructions provided by the Third Party Platform or Wireless Device provider for updating Your information and changing Your privacy settings. Once Udemy receives Your information from a Third Party Platform or Wireless Device, that information is stored and used by Udemy in accordance with this Privacy Policy. 13. How to Delete Your Account and what Happens when Your Account is Terminated or Deleted Deactivating Your Account If You are a Student, and wish to delete Your Student Account, You may do so by following the steps provided in your account settings page. If You are an Instructor, and wish to delete Your Instructor Account, You may do so by following the steps provided in your account settings page. Should You require any assistance or encounter any difficulty in deleting Your Account You may also contact Us via email at support@udemy.com or via our Support Center, and We will make commercially reasonable efforts to respond to Your request within 24 hours. Account Terminated or Deleted Please be aware that even after Your Account is terminated or deleted some or all of Your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into others User's content, comments, postings, submissions, including but not limited to Course comments ; (b) copied, stored or disseminated by other Users; (c) shared or disseminated by You or others such as in a Public Posting; or (4) posted on a Third Party Platform. Termination of Your Account will not result in the removal of information collected and already put in aggregate form or information that cannot, in Our sole discretion, be removed without undue burden to Udemy. Udemy is not able and/or obligated to remove any of Your information from a Third Party Platform. Even after You delete Your Account or Your Account is terminated, we may retain Your information as long as we have a legitimate purpose to do so and in accordance with applicable law. In addition, Your information may not be deleted from servers of the Third Party Platform You use to access Our Services. We may retain backup copies of Your information on Our servers or databases (and/or any authorized third party servers or databases We use) for legitimate purposes such as assist with any legal obligations, resolve disputes, and enforce Our agreements. Such information may be disclosed pursuant to this Privacy Policy regardless of whether Your Account is deleted or terminated. 14. Modifications to this Privacy Policy From time to time, We may update this Privacy Policy. If We make any material change to this Privacy Policy. We will notify You via email or through notification posted on our website, and as required by applicable law. Modifications will become effective on the day they are posted unless stated otherwise. As permitted by applicable law, if You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Privacy Policy as changed. The revised Privacy Policy supersedes all previous Privacy Policies. For this reason, We encourage You to review this Privacy Policy any time You use the Services. Upon Our request, You agree to accept or sign a non-electronic version of this Privacy Policy and any other policies or agreements set forth or available through any Third Party Platform. 15. International Operations: A Note to Users Outside Of the U.S. and the EU Udemy stores information about visitors to Our Services and Users on servers located in the United States. By using our Services, you consent to storage of Your information inside the United States. If You are using the Services from outside the United States and the European Union, please know the data and personal information You submit will be transferred to and stored in servers in the United States or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in Your country. By submitting Your data and/or using Our Services, You consent to the transfer, storing, and processing of Your data in and to the United States. Personal data collected within Switzerland and the European Economic Area ("EEA") may be transferred to, and stored at, a destination outside of Switzerland and the European Economic Area ("EEA"). The data We hold may also be processed by employees operating outside of Switzerland and the EEA who work for Us or one of our affiliates or for one of Our vendors. Such staff may be engaged in, among other things, (i) the processing of transactions and Your payment details and (ii) the provision of support services. By submitting Your personal data or engaging in Udemy Courses, You agree to this transfer, storing or processing. 16. Your California Privacy Rights California residents have the right to receive, once a year from Us: a) information identifying any third party company(ies) to whom Udemy may have disclosed (within the previous calendar year) Your personal information for that company's direct marketing purposes; and b) a description of the categories of personal information disclosed. If You are a California resident and wish to obtain such information, submit a request to Us at privacy@udemy.com; when you request the information, use the phrase “California Shine the Light Request” to help us appropriately identify your question, and include your mailing address, state of residence and email address so we can provide a response. 17. Your Korea Specific Terms Udemy has designated the following Privacy Policy Manager in order to protect Your privacy, answer Your questions, receive comments, and/or resolve disputes regarding our privacy policy: Designee: Kevin Johnson, CEO Department: Privacy Policy e-mail: privacy@udemy.com Address: Udemy, Inc., Attn: Privacy Policy Manager, 600 Harrison St, 3rd Floor, San Francisco, CA 94107, USA 18. Questions Please feel free to contact Us by submitting a request to privacy@udemy.com with any questions, concerns, or disputes You may have regarding our Privacy Policy. Please put "Privacy Policy" in the subject line so Your message can be directed to the correct person(s). You may also contact Us via postal mail at Udemy, Inc. Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA 94107. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. TRUSTe Udemy Cookies Policy Effective Date: September 12, 2017 What are cookies? Cookies are small text files placed onto your computer or device as you browse the Internet. Cookies can be used to collect, store and share bits of information about your activities across websites and services, including on Udemy. They also allow us to remember things about your visit to Udemy, such as your preferred language and other choices/settings and generally make the site easier for you to use. Udemy uses both session cookies and persistent cookies. A session cookie is used to identify a particular visit to Udemy. These cookies expire after a short time, or when you close your web browser after using Udemy. We use these cookies to identify you during a single browsing session, such as when you log into Udemy. A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies where we need to identify you over a longer period of time. For example, we would use a persistent cookie if you asked that we keep you signed in. Why does Udemy use cookies and similar technologies? Udemy uses cookies and similar technologies, such as web beacons, browser cookies, pixel tags, or local shared objects (“flash cookies”), to deliver, measure, and improve our services in various ways. We use cookies both when you access our site and services on a browser, as well as through our native mobile app. As we adopt additional technologies, we may also gather additional information through other methods. We use cookies for the following purposes: Authentication and security: To log you into Udemy; To protect your security; and To help us detect and fight spam, abuse, and other activities that violate Udemy’s agreements and terms. For example, these technologies help authenticate your access to Udemy and prevent unauthorized parties from accessing your accounts. Preferences: To remember information about your browser and your preferences; and To remember your settings and other choices you have made. For example, cookies help us remember your preferred language or the country that you are in. We can then provide you with content in your preferred language without having to ask you each time you visit Udemy. Analytics and research: To help us improve and understand how people use Udemy. For example, cookies help us test different versions of Udemy to see which particular features or content users prefer. We may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics. We might also optimize and improve your experience on Udemy by using cookies to see how you interact with Udemy, such as when and how often you use them and what links you click on. To help us better understand how people use Udemy, we work with a number of analytics partners, including Google Analytics and Mixpanel. These providers use cookies and similar technologies to help us analyze how users use the Services, including by noting the third-party Services from which you arrive. The information collected will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of Udemy. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out plugin by clicking here, and you may also use Mixpanel’s opt out by clicking here. We don’t release the information collected from our own cookies to any third parties, other than to our service providers who assist us in these activities. Personalized content: To customize Udemy with more relevant content. Advertising: To provide you with more relevant advertising. As explained further in our Privacy Policy, third-parties whose products or services are accessible or advertised via Udemy may use cookies to collect information about your activities on the Services, other sites, and/or the ads you have clicked on. This information may be used by them to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads. Targeting and advertising cookies we use may include Google Analytics, AdRoll, AppNexus, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit youronlinechoices.eu or allaboutcookies.org/manage-cookies/index.html . Please note that to the extent advertising technology is integrated into Udemy, you may still receive advertising content even if you opt-out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. When accessing Udemy from a mobile application, you may also receive tailored in-application advertisements. Each operating system, such as iOS and Android, provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or operating system or contact the applicable platform operator. What are my privacy options? You have a number of options to control or limit how we and our partners use cookies. This cookie policy is available at our site.– By continuing to use or access Udemy, you are consenting to our use of cookies and related technologies as described in this Cookies Policy. Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of Udemy. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel. For general information about cookies and how to disable them, please visit www.allaboutcookies.org. Changes to this Policy We will notify you of any changes by posting the new Policy on Udemy with a new effective date. If we make a material change to this Policy, we will take reasonable steps to notify you in advance of the planned change. Questions If you have any questions about our use of cookies, please email us at privacy@udemy.com.