In these terms,reference to "us" and "we" refer to Zydii Limited,a limited liability company duly incorporated in Kenya,whose registered address is Rosami Court, 1st Floor, Muringa Road,Kilimani, Nairobi. ("The Company") Any reference to "you" or "your" are refer to you the User (learner or instructor).The Company offers a platform connecting independent contractors as instructors (who provide live and recorded instruction/ tutoring services in online classrooms) and learners.
As a user of the Website you hereby agree:
a) To use the Website and access to its content only for lawful purposes and in no way that is fraudulent. You are solely responsibility for knowledge and adherence to any laws, rules and regulations pertaining to the use of the products or content provided on the Website.
b) Not to distribute all/any part of the Website or its content in any medium without prior written consent, unless such distribution is permitted by these Terms or express separate agreement with the Company.
c) Not to alter any part of this Website or its content through any technology other than the software provided by us or other generally available third party web browsers such as Chrome or Firefox.
d) Not to or attempt to circumvent, disable or otherwise interfere with any security related feature of the Website or features that restrict or prevent copying of content, access to content or its use.
e) Not to knowingly transmit any data, send or submit any data that contains viruses or other harmful programs or similar computer code designed to adversely affect the operation of any computer hardware or software.
f) Use the Website and content in a way that does not infringe the rights of anyone else or restrict or prevent another’s use and the enjoyment of the Website and content.
g) Not to collect the personal data of any user of the Website or its content.
h) Not to upload, email or otherwise transmit any junk mail, pyramid schemes, calls to action, incentives (monetary or otherwise), offensive, inappropriate or pornographic content spam or bulk communications or any kind and/or purpose.
i) Not to copy, reproduce, distribute, display, transmit, license or otherwise exploit any content contained in the Website or its content for any other purpose other than as permitted by these Terms or agreement with the Company, without prior written consent of the respective owners or licensors of the Content/Course on the Website.
j) Not to use the Website or its content in any manner to damage, disable or overburden any of the Company’s Server or network or any procedures, policies or regulations connected to our Servers.
k) Not to access or attempt to access any other user’s account or falsely state, impersonate or otherwise mispresent your identity or your affiliations with a person or entity, past or present.
l) Not to manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
n) You acknowledge and agree that the form and nature of the Website and Courses may change from time to time without any prior notice to you.
o) Whilst we will take all reasonable measures to ensure that the Courses are of a high standard, you understand and acknowledge that in using the Website, you may be exposed to content from our Instructors that is factually inaccurate, offensive or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
p) You acknowledge and agree that we may stop (permanently or temporarily) providing the Website and its Courses to you for whatever reason and at our sole discretion, without any prior notice to you.
q) You agree that you are solely responsible for (and we have no responsibility to you or any other third party for any breach of your obligations under the Terms and for the consequences ( including but not limited to any loss or damage which we or any third party may suffer) of such breach.
In order to participate fully in any activities on the Website and take part in our Courses, you must register a personal account by providing your real name, an email address and a password. You agree not to share divulge, share access of this access information with any third party. In setting up your account, you will be required to enter additional information that may be required to confirm your identity. You undertake to provide current and accurate information to us at all times and acknowledge that we reserve the right to suspend or terminate your access to and use of the Website and enrollment in any online course, where you have provided inaccurate or untrue information.
By registering for a Learner Account, (in addition to your obligations herein) you agree that:
a) You are and will register for the Website only once and will not set up multiple accounts;
b) You have read, understood and agree to be bound by the pricing information before using the Website or registering for a Course.
c) You are over the age of 18 or if not will only use the Website with the supervision and approval of a parent or legal guardian or in case of a body corporate, that are duly competent under applicable laws to enter into this Agreement.
d) You will not transfer your account to a third party and are solely responsible for maintaining the confidentiality of your access information.
e) You will immediately inform us of any unauthorized use or other breach of security;
f) The Course Content may be provided to you through your Learner Account and may be subject to terms, policies and procedures of the applicable Instructor in addition to these Terms.
As an instructor, you are required to abide by the additional terms set out in the Instructor’s Agreement, which are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the Instructor Agreement, the Instructor Agreement will govern.
As a Business User, you are required to abide by the additional terms set out in the Business User Agreement, which are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the Instructor Agreement, the Business User Agreement will govern.
Zydii offers Learners a ten (10) day, money back guarantee (upon our discretion) on Courses that are purchased on the website (www.zydii.com) or via Android applications. Any Courses purchased through third party platforms or the iOS application will not be eligible for refunds. A Leaner who is unhappy with a Course must contact us on email@example.com and request a refund within ten (10) days after payment for the Course. Please note that if,in our sole discretion, we believe that you are abusing our refund policy, we reserve the right to suspend or terminate your User 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.
We do not claim ownership to any Learner Content that you may submit or make available for inclusion to the Website. You will remain the owner of any and all rights in such Content. However, in regard to such content, you grant us an irrevocable, worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website and/or otherwise exploit the Learner/Instructor Content with the right to sublicense such rights for any purpose associated with the provision of the Website and the Courses. We also reserve the right to remove any Learner/Instructor Content without notice at any time and for any reason.
You acknowledge and consent that we may use your data or course content for any purpose associated with the provision, promotion or improvement of the website and services offered therein.
You agree to keep the Company, its affiliates, directors, agents, employees, partners, licensors representatives and third party providers, fully indemnified from and against all actions, claims, demands, costs, expenses, damages or other monetary relief awarded made or against us or incurred by us as a result (directly or indirectly) of:
a) Any content you submit on the Website;
b) Your access or use of our Website;
c) Your breach of any of representations, warranties or these Terms;
d) Any negligence, omission, default or breach of statutory duty on your part.
Each of these indemnities is to remain fully effective despite any indulgence granted from time to time or any judgment or order. You agree to fully cooperate as reasonably required with our assertion, defense or control of any such matter. This Paragraph shall survive the expiry of these Terms.
To the fullest extent permissible by law, neither party shall be liable for any losses unless such losses were reasonably foreseeable at the time you agreed to these Terms. The Company’s liability shall be limited to the amounts paid in connection with the Courses under which such liability arose. This section does not exclude or limit either party’s liability for fraud, death or personal injury resulting from negligence that cannot be excluded by law.
a) The Website and Course are provided to you “as is” and we make no warranty or representation to you with respect to them. We accept no liability for any special, indirect, incidental, consequential or economic loss, arising out of, or in connection with any of these Terms, including but not limited to loss of profit, loss of goodwill, loss of opportunity or loss of data suffered by you.
b) We provide the content and Courses in good faith but give no warranty or representation to the accuracy or completeness or that it will meet your requirements, nor that the Website does not infringe the rights of any third party. We will take reasonable precautions to prevent any computer viruses or malicious programs on the Website, however, we accept no liability or responsibility for your use of the Website which is done entirely at your own risk.
c) We make no warranties or representations to your timely, secure of uninterrupted use of our Website and disclaim all liability of that to the fullest extent permitted by law.
We reserve the right to suspend or terminate your use or access of the Website at any time for any operational, legal or other reason including:
a) Your breach of these Terms;
b) Prevent any fraudulent, unlawful or abusive activity;
c) To prevent any harm or damage to us, other learners or general public;
Upon termination you must cease all use of the Website and content. All rights to payment, Sections 3,9,10, 11,12 will survive termination of this Agreement.
a) We may update or amend these Terms (as well as any other policies or guidance) from time to time without notice to you and any such updates will be posted on our Website. In addition, we reserve the right to modify, suspend or discontinue all the content and Courses and we will not be liable to you or any third party for such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
b) We may freely transfer or assign any part of our rights, delegate our obligations under these Terms. You are not entitled to transfer or assign by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
c) If any of these terms are found to be illegal or unenforceable by any court of competent jurisdiction, the remainder will remain in full force and effect.
17. Governing Law
These Terms, your use, access, all other policies and our relationship with you shall be governed by the Laws of Kenya. You shall attempt to resolve any disputes arising between you and us (contractual or otherwise) including the validity of these Terms or Policies, with us amicably. In the event that we are unable to resolve the dispute within 30 days of notification in writing, then you agree to the exclusive jurisdiction of the Courts of Kenya to resolve such dispute. This notwithstanding, you agree that we are permitted to apply for injunctive relief (or any other interim relief) in any jurisdiction at any time.