Version 1.0
These Terms and Conditions ("Terms") govern access to and use of the FundoLMS platform, including its website, mobile application, and all related services (together, the "Platform"), operated by ACOOMAT TECH SOLUTIONS (PRIVATE) LIMITED, a company registered in Zimbabwe ("FundoLMS", "we", "us", or "the Company").
By creating an account, clicking "I agree", or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, and, where applicable, our Privacy Policy. If you do not agree, you must not use the Platform.
These Terms apply differently depending on the type of account you hold. Part A applies to Parents/Guardians, Part B applies to Students, and Part C applies to Teachers. Sections 7 through 15 apply to everyone, regardless of account type.
Acceptance by a parent or guardian on behalf of a child. Where a student is under the age of 18, these Terms (including consent to the processing of that child's personal information) are accepted by the parent or guardian who registers the account, acting as the child's legal representative, consistent with section 3 of the Cyber and Data Protection Act [Chapter 12:07] ("the Act"), which recognises consent given by "his or her legal, judicial or legally appointed representative" on behalf of a data subject. Students aged 16 or older may register their own account directly, as set out in Part B.
FundoLMS reserves the right to refuse, suspend, or terminate any Account that does not meet these eligibility requirements or that was created using false information.
By registering a Student account on behalf of your child, you confirm that you are that child's parent or legal guardian, or otherwise have the legal authority to consent on the child's behalf. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your own login details, and for all activity that occurs under both your own Account and any Student Account you have created.
You consent, on your child's behalf, to FundoLMS collecting and processing your child's Personal Information (including name, date of birth, academic performance, and lesson activity) for the purposes of providing the Platform's educational services, as further described in Section 7. You may withdraw this consent at any time by contacting us, subject to Section 7.5.
Where you enrol your child in a paid Marketplace Teacher's class, you are responsible for payment of the Subscription fee shown at the time of enrolment, made through the payment methods available on the Platform (including mobile money services such as EcoCash). Subscriptions do not renew automatically; access ends at the expiry of the paid period unless you make a further payment. Fees already paid are generally non-refundable except as required by law or as expressly stated at the time of purchase.
You may view your child's enrolments, activity, and progress through your own Account. You are encouraged to supervise your child's use of the Platform, including any messaging or live class features, and to report any concerns to us immediately using the contact details in Section 16.
You agree not to misuse the Platform, including by making payments using unauthorised or fraudulent means, impersonating another person, or attempting to access another user's Account without authorisation.
This Part applies to every Student Account, whether registered by a Parent/Guardian or, for Students aged 16 and older, self-registered. If you are under 18, your Parent/Guardian has agreed to these Terms on your behalf and remains responsible for your Account.
When using lessons, live classes, chat, quizzes, and assignments, you agree that you will not:
FundoLMS may remove Content, suspend your Account, or take other action described in Section 11 if you breach these Terms, and serious breaches may be reported to your Parent/Guardian, your school, or (where the law requires) the relevant authorities.
You retain ownership of the work you submit (such as assignment answers). By submitting it, you grant FundoLMS a licence to store, process, and display that content for the purpose of providing the Platform's services, including grading and generating analytics for your Teacher and Parent/Guardian.
Marketplace Teachers must apply and be approved before their classes appear publicly on the Platform. As part of this process, you agree to provide accurate identification and evidence of your qualifications. FundoLMS may decline an application, request further information, or later suspend an approved Teacher, at its reasonable discretion, including where a class or Teacher is flagged for quality or safety concerns.
If you teach as a Marketplace Teacher, you do so as an independent contractor and not as an employee, agent, or partner of FundoLMS. You are solely responsible for your own tax obligations, including registration with the Zimbabwe Revenue Authority where required, and for compliance with any other law applicable to your activity as a tutor.
Given that many Students on the Platform are minors, you agree to maintain professional conduct at all times, and in particular you agree that you will not:
A breach of this section is treated as serious and may result in immediate suspension pending investigation, permanent removal from the Platform, and where appropriate, referral to the relevant law enforcement authorities.
You retain ownership of the lessons, quizzes, and other teaching materials you create. By publishing them on the Platform, you grant FundoLMS a non-exclusive, worldwide licence to host, store, reproduce, and display that Content to your enrolled Students for as long as your Account remains active, and to use AI tools made available on the Platform to help you generate or refine such Content on your behalf.
You set the price and billing period for each class you offer, subject to any limits FundoLMS may set from time to time. FundoLMS deducts a platform fee of 10% from each Subscription payment received for your classes; the remaining 90% accrues to your available balance. You may request a payout of your available balance at any time, which FundoLMS will process manually to the payment method you provide (such as EcoCash or bank transfer). FundoLMS may change the platform fee percentage for future earnings with reasonable prior notice.
FundoLMS may suspend your ability to appear in the public catalogue at any time, with a stated reason visible to you on your dashboard, where we reasonably believe you have breached these Terms, engaged in conduct that endangers a Student's safety, or where a complaint against you is under investigation. Suspension does not automatically terminate your Account or forfeit amounts already earned prior to suspension, except where the suspension arises from fraud or a serious safeguarding breach.
FundoLMS processes Personal Information in accordance with the Cyber and Data Protection Act [Chapter 12:07] (Act No. 5 of 2021) and its regulations. Full detail is in our Privacy Policy. In summary: we collect only what is necessary to provide the Platform, take additional care with children's data, share information only with providers necessary to operate the Platform (such as our AI and payment providers), and you may request access to, correction of, or deletion of your information at any time.
In addition to the role-specific conduct rules in Parts A to C, all users agree not to use the Platform for any unlawful purpose, upload viruses or malware, scrape or redistribute Platform Content without authorisation, or attempt to circumvent payment or subscription controls. FundoLMS operates a zero-tolerance approach to any conduct that endangers the safety of a Child using the Platform. Suspected offences will be reported to the appropriate law enforcement authority.
The Platform itself — including its software, design, and the FundoLMS name and logo — is the property of FundoLMS and may not be copied, modified, or used without our written permission. This is separate from ownership of Content submitted by Teachers and Students, which is addressed in Sections B.4 and C.4.
All fees are shown in the currency displayed at checkout at the time of payment. Payments are processed through our third-party payment gateway; FundoLMS is not responsible for delays or failures caused by mobile network operators or banks outside our control. Except where required by law or expressly agreed in writing, fees already paid are non-refundable, including where a Student's access is suspended due to a breach of these Terms.
FundoLMS may suspend or terminate any Account, or restrict access to specific features, at any time where we reasonably believe these Terms have been breached, where required by law, or where we reasonably believe it necessary to protect the safety of any user, particularly a Child. Where practical, we will provide the reason for suspension to the affected user. You may close your own Account at any time by contacting us; this does not entitle you to a refund of fees already paid except as set out in Section 10.
The Platform is provided "as is" and "as available". FundoLMS does not guarantee that the Platform will be uninterrupted, error-free, or secure at all times, and does not guarantee any particular educational outcome, examination result, or level of academic performance from use of the Platform, including from any AI-generated lesson content, which should be reviewed by a Teacher before use.
To the fullest extent permitted by Zimbabwean law, FundoLMS's total liability to any user arising out of or in connection with these Terms or use of the Platform is limited to the total fees paid by that user (or, for a Student, their Parent/Guardian) to FundoLMS in the twelve months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
You agree to indemnify and hold FundoLMS harmless against any claim, loss, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Platform, or, in the case of a Parent/Guardian, from the acts of the Child whose Account you registered.
These Terms are governed by the laws of Zimbabwe. The parties will first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved this way within 30 days, it shall be referred to the courts of Zimbabwe, which shall have exclusive jurisdiction, save that FundoLMS may seek urgent interim relief from any court of competent jurisdiction where necessary to protect the safety of a user or the security of the Platform.
FundoLMS may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify users before the changes take effect, and continued use of the Platform after that point constitutes acceptance of the updated Terms. Each version of these Terms is dated, and we keep a record of each user's acceptance.
Questions about these Terms can be directed to ACOOMAT TECH SOLUTIONS (PRIVATE) LIMITED, Office No. 20, Sunshine Mall, Kwekwe, Midlands, Zimbabwe,info@acoomat.com
All Protocol Observed.
