MWALIMUPLUS TERMS AND CONDITIONS
MWALIMUPLUS TERMS AND CONDITIONS
The terms "MwalimuPlus" or "us" or "we" "our" refer to the Owner of the Platform, MwalimuPlus whose registered office is Suite 2B Woodlands office Park, Woodlands Road Hurlingham. P.O. Box 105028-00101 Nairobi Kenya. The term "you" refers to the user or viewer of our Platform.
Further note that all reference to the term "Platform", for the purposes of the application of these terms and conditions, includes and applies to the MwalimuPlus Platform, mobile or other applications, software, processes and any other services provided by or through MwalimuPlus.
1. Contractual relationship
The terms of the contractual relationship between MwalimuPlus and the users are set out in this document (the "Terms") Please note that your use of the Platform shall be deemed to be an acceptance to be bound by these terms. The purpose of this agreement is to define the relationship and obligations of the parties in relation to the use of the Platform.
No agency relationship is created by the use of this Platform between users and MwalimuPlus. MwalimuPlus does not purport to enter into any contracts on behalf of any users of the Platform. The parties shall each remain distinct entities as constituted and existing prior to this Agreement.
No employment relationship is created between MwalimuPlus and any users of the Platform.
- This Platform is intended for the use stated herein only. The owner reserves the right to make changes to the Platform at any time and without notice to the users.
- We make effort to provide accurate and complete information. However, we cannot guarantee that there will be no errors. Neither we nor any third parties provide any guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Platform for any particular purpose. We expressly exclude liability for any such inaccuracies, omissions or errors. We will use our best efforts to ensure the accuracy and timeliness of information.
- Your use of this Platform is entirely at your risk, and the Owner of the Platform shall not be liable for any loss or damage suffered as a result of such use. It shall be your own responsibility to ensure that any products, services or information available through this Platform meet your specific requirements.
- This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to design, layout, look, appearance, photos and graphics. Reproduction is prohibited except with our written consent.
- All trademarks reproduced in this Platform, which are not the property of, or licensed to the Owner, are acknowledged on the Platform.
- Unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.
- viii. From time to time, this Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the said website(s). We have no responsibility for the content of the linked website(s). Some information provided on this Platform has been obtained from third parties and is provided for informational purposes only. We do not endorse or adopt any third party content and can not make any guarantees as to its accuracy or completeness.. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider. When leaving the Platform, you should be aware that these terms no longer apply, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. We expressly deny any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described on this Platform. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third party vendor, guide, or service provider. Please contact the third party service provider, guide or vendor for complete details. We do not book, nor do we make any representations regarding the availability of third party activities or services. Your use of this Platform and any dispute arising out of such use of the Platform is subject to the laws of the Republic of Kenya.
- Your use of this Platform and any dispute arising out of such use of the Platform is subject to the laws of the Republic of Kenya.
- Words and expressions used in these Platform usage terms and conditions shall bear the ordinary meaning assigned to them unless the context dictates otherwise.
3. Key Terms
"Collective Content" means User Content and MwalimuPlus Content together
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Tutor Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Head Teacher Account" means an Account used by the Head Teacher Member to register their school onto the platform as well as manage classes of that school on the platform.
"Head Teacher Member" means a Member who is registered as the teacher in charge of a school.
"Member" means a person who completes MwalimuPlus's account registration process or a person who submits or receives a request through MwalimuPlus, including but not limited to Parent Members, Student Members and Teacher Members.
"MwalimuPlus Content" means all Content MwalimuPlus makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"Parent Account" means an Account used by a Parent Member to register Student Members into the classes on the Platform as well as to review their performance.
"Parent Member" means a Member who is registered as the father, mother or legal guardian of a Student Member.
"Platform" means all MwalimuPlus websites, mobile or other applications, software, processes and any other services provided by or through MwalimuPlus
"Service Member" means Head Teacher Member, Teacher Member, Parent Member and Student Member.
"Student Member" means a Member who is registered to solve mathematical practice questions on the Platform.
"Student Account" means an account used by Student Members so as to solve the mathematical practice questions on the MwalimuPlus platform.
"Tutor Services" means the service of analysing the Student Members report on the platform by Teacher Members or Parent Members.
"Teacher Member" means a Member who is registered to view students "reports and analyse students" strengths and weaknesses based on their report.
"Teacher Account" means an Account used by Teacher Members to register Student Members into the classes on the platform as well as to review their performance.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding MwalimuPlus Content and Feedback.
4. The Platform
MwalimuPlus is an intelligent computer based Platform that helps students learn mathematics in an easier manner than reading books. The MwalimuPlus Platform is a virtual or digital review centre in which the Head Teacher Member of a school can register their school and can manage classes. The Head Teacher Member can also register the Teacher Members in that school using the Head Teacher Account. The Teacher Members can then register the Student Members into the classes who can then solve Mathematical practice questions on the platform. Each Student Members answers are then reviewed by the Platform, which thereafter publishes a report based on the student's performance. The report is then made accessible to the Teacher Members of the respective Student Members who can then analyse their Student Members strengths and weaknesses better.
5. The Tutor Services
5.1 The analysis of Student Members, strengths and weaknesses based on the performance published by the platform (hereinafter "Tutor Services") is done by the Teacher Members or Parent Members and not by the Owner of the Platform. MwalimuPlus and the Service Members are together referred to as the "Parties".
5.2 MwalimuPlus reserves the right to charge a user fee to users of the Platform provided that such fee shall not be construed as a commission or agency fee in respect of any services.
6. Account Registration and Other Submissions
6.1 6.1 Users may access the Platform during the trial program as described below without prior creation or registration of a user account. To access and participate in certain features of the Platform, you will need to create a password-protected user account ("Account").
6.2 The Head Teacher Member may register for an Account once an account for a particular school is created. A Head Teacher Member can add a Teacher Member to the Platform by clicking the "Add Teacher" button on the teacher list. A Teacher Member can add a Student Member to the Platform by clicking the "Add Student" button on the student list and then filling out the form that appears. Once the form is filled registration is complete when the Teacher Member clicks the "Save Student" button.
6.3 A Parent Member may register a Student Account for his or her child. A Parent Member can add any number of Student Accounts to the Platform. A Parent Member shall be charged for each Student Account they add.
6.4 A Parent Member may perform Tutor Services on the Platform, but only with respect to the Student Accounts opened by such Parent Member.
You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your MwalimuPlus password. You are solely responsible for all activity that occurs on your Account, and you will notify MwalimuPlus immediately of any unauthorized use. MwalimuPlus is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MwalimuPlus or others due to such unauthorized use.
Account registration can only be done by individuals who are at least 18 years old and can form legally binding contracts under the relevant applicable Law of Kenya. By registering on the Platform, you represent and warrant that you are eligible.
8. Trial Program
8.1 MwalimuPlus reserves the right to give Members a free trial period of thirty (30) days (the "Trial Program") to use the Platform.
8.2 The Trial Program allows the Member to try the full functionality of the Platform and will provide the Member with first-hand experience of the services provided on the Platform
8.3 If you register for a free trial of the Platform, we shall make the Platform available to you free of charge until the earlier of (a) the end of the trial period for which you registered for; (b) the start date of subscription to the MwalimuPlus Platform; or (c) termination of the Trial Program by us and MwalimuPlus hereby reserves the right to cancel or extend the Trial Program at any given time without notice to the Member or liability accruing to us.
8.4 Members are informed that some features they use during the Trial Program will be removed and configurations, customizations and data shall be deleted if they don't sign up for a MwalimuPlus account before the trial period ends.
8.6 We are not responsible or liable for any adverse impact caused or connected with the Trial Program.
9. Service Member Representations, Warranties and Use of the Platform
MwalimuPlus is not in the business of providing Tutor Services; and reiterates that it forms no employment or agent relationship with any of its members, nor does it enter into any contract on behalf of its members. Service Members registered under MwalimuPlus understand and agree that they are customers of MwalimuPlus, and are not MwalimuPlus employees, joint venturers, partners, or agents.
Service Members registered under MwalimuPlus understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the MwalimuPlus Platform to access reports of Students interested in using the Platform to answer mathematical practice questions.
MwalimuPlus, as permitted by the Laws of Kenya, obtains reports based on publicly available information regarding Members and reserves the right to limit, block, suspend, deactivate, or cancel a Member's account. As a Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports
10. License and restrictions
Subject to your compliance with these terms, MwalimuPlus grants users a non-transferable, non-sub licensable, revocable, non-exclusive and limited license to use the Platform for the purposes for which it is intended and subject to all the terms and conditions contained herein. MwalimuPlus reserves and retains all intellectual property and ownership rights in connection with the Platform and nothing in these terms may be construed as transferring or assigning any intellectual property or ownership rights in respect of the Platform.
MwalimuPlus reserves the right to grant or revoke access to the Platform.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you "as is". If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MwalimuPlus or its licensors, except for the licenses and rights expressly granted in these Terms.
11. User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to MwalimuPlus the rights in such User Content, as contemplated under these Terms; (b) any content you upload to the Platform is non-confidential; and (c) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MwalimuPlus' use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of the relevant provisions of the Laws of Kenya. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you on our Platform constitutes a violation of their intellectual property rights, or of their right to privacy. You agree that MwalimuPlus may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
MwalimuPlus reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
- Use another person's Account, misrepresent yourself, misrepresent your identity or qualifications, or post Content in any inappropriate category or areas on the Platform;
- Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without MwalimuPlus' prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (MwalimuPlus reserves the right to revoke these exceptions either generally or in specific cases);
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful to MwalimuPlus or its users; (f) attacks our Platform via a denial-of-service attack or a distributed denial-of service ; (g) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (h) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
- Use the Platform in any manner that circumvents your obligation to pay MwalimuPlus or use credits for access to services provided by the Platform;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key MwalimuPlus policies that govern your use of the Platform and our interactions with you and third parties;
- Advertise or solicit a Tutor Service not related to or appropriate for the Platform including, but not limited to any Tutor Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of MwalimuPlus; (g) is based outside Kenya; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or provides non-local content.
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-MwalimuPlus mobile applications and/or links that direct the user to mirrored Platforms where the user must enter information that is redundant with what has already been entered on MwalimuPlus, (b) offers to purchase a Tutor Service or any other service outside of MwalimuPlus, or (c) using a profile page or user name to promote services not offered on or through the Platform;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by MwalimuPlus;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
- Attempt to indirectly undertake any of the foregoing.
In connection with use of the Platform, MwalimuPlus charges certain Fees ("MwalimuPlus Fees" or "Fees").
MwalimuPlus may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion.
By agreeing to these terms, Members agree to pay these Fees. Information about current penalty Fees is available in the support centre. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have made use of the active Account. Charges shall be made to your Mpesa account, debit card, credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if MwalimuPlus cannot charge a credit card, PayPal or other payment method for any reason, MwalimuPlus reserves all rights permissible under the laws of Kenya to recover payment and all costs and expenses incurred, including reasonable legal fees, in our pursuit of payment.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by MwalimuPlus or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that MwalimuPlus may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
Marketplace payment processing services for Members on MwalimuPlus are provided by Mpesa, and, where applicable, may include money transmission services pursuant to licenses held by Mpesa. Payment processing services provided by Mpesa are subject to the Mpesa Account Agreement, which includes the Mpesa Services Agreement. By agreeing to these terms or continuing to operate as a Service Member on MwalimuPlus, you agree to be bound by the Mpesa Connected Account Agreement and Mpesa Services Agreement, as the same may be modified by Mpesa from time to time. As a condition of MwalimuPlus enabling payment processing services through Mpesa, you agree to provide MwalimuPlus accurate and complete information about you and your business, and you authorize MwalimuPlus to share with Mpesa this information and transaction information related to your use of the payment processing services provided by Mpesa.
If any Service Member does not make a marketplace payment on time or if MwalimuPlus cannot charge a credit card, PayPal or other payment method for any reason, MwalimuPlus reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable legal fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail or by phone. Such communication may be made by MwalimuPlus or by anyone on its behalf, including but not limited to a third-party collection agent. If you have a balance due on any Account, you agree that MwalimuPlus may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
All cancellation and refund requests will be subject to MwalimuPlus’ review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required under the Laws of Kenya. You may request a cancellation or refund by emailing your request to MwalimuPlus support at [email protected]. If you cancel your Account at any time, you will not receive any refund.
17. Dispute Resolution Amongst Members
MwalimuPlus values its Service Members, and we understand that occasionally disputes may arise between or amongst them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by any Service Member cannot be resolved independently, you agree, at MwalimuPlus' request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by MwalimuPlus or a neutral third-party mediator or arbitrator selected by MwalimuPlus Notwithstanding the foregoing, you acknowledge and agree that MwalimuPlus is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
18. Intellectual Property Rights
The Platform, as well as the information, content and other materials on the Platform, are owned by MwalimuPlus (and our licensors) and are protected by intellectual property rights and laws.
MwalimuPlus Content is protected by Copyright Act, Trade Marks Act, other laws of Kenya, and international conventions. All such intellectual property rights are reserved. Except as expressly provided in these Terms, MwalimuPlus and its licensors exclusively own all right, title, and interest in and to the Platform and MwalimuPlus Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of MwalimuPlus used herein are trademarks or registered trademarks of MwalimuPlus any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
19. Copyright Infringement
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders and you must, at our option, return or destroy any copies of the materials you have made.
By sending us any feedback, comments, questions, or suggestions concerning MwalimuPlus or our services, including the Platform (collectively, "Feedback") you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against MwalimuPlus and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
MwalimuPlus does not endorse any Service Member, user or any Tutor Services, and MwalimuPlus is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither MwalimuPlus nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although MwalimuPlus may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific MwalimuPlus services they are using or any involvement by MwalimuPlus personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by MwalimuPlus and is not verification of their identity and whether they or their Tutor Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. MwalimuPlus is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party Platforms, offers, or other events/activities not owned or controlled by MwalimuPlus We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from MwalimuPlus with respect to such actions or omissions.
22. Third party services
MwalimuPlus shall not be liable for any actions or omission by any third parties, including the actions or omissions of any members using the Platform or Mobile App.
Without limiting any other rights reserved herein, MwalimuPlus may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and MwalimuPlus, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, decreasing your status or search rank, cancelling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
24. Account Suspension or Termination
We may, in our discretion, with due cause and in response to your conduct of any of the prohibited activities mentioned herein, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your MwalimuPlus Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from MwalimuPlus support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Tutor Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by clicking the "Action button" in the row of the student you wish to Suspend then click the "Suspend" option. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
If we choose to do so, you may not have further access to your MwalimuPlus account or any materials associated with your account, including your submissions.
25. Governing Law
These Terms shall be governed by the Laws of Kenya.
26. Dispute resolution
Disputes arising from or as a result of this Agreement shall be settled in accordance with the Laws of Kenya.
- If a Dispute arises in relation to this Agreement the Parties will use their best endeavours to resolve the Dispute within ten (10) Business Days of the declaration in writing of a Dispute by any of the Parties
- If any Dispute is resolved by the Parties in accordance with clause i above, a written memorandum will be prepared by the Parties and signed. The resolution will confirm that it is in full and final settlement of the Dispute and will record all matters in issue and all material factual details of the Dispute and the terms of resolution and a copy will be supplied to all the Parties involved in the Dispute.
- If the Dispute is not resolved within ten (10) Business Days of the Declaration of the Dispute under (i) then any Party may request in writing that the Dispute be referred to non-binding mediation. The Parties shall jointly appoint a mediator, and, if a mediator cannot be agreed upon within ten (10) days after receipt of the request for mediation by the non-requesting Party, the mediator shall be appointed by the Chairman for the time being of Chartered Institute of Arbitrators (Kenya) or another institution agreed to by the Parties in writing.
- If the Dispute cannot be amicably settled by the Parties, and cannot be resolved by mediation within thirty (30) days after appointment of the mediator, the matter shall be settled by arbitration initiated by any Party under the provisions of the Arbitration Act 1995 of Kenya by an arbitrator. The arbitrator shall be appointed by the mutual agreement of the parties and, failing such agreement within (ten) 10 days, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya) on the application of either party.
- The arbitration proceedings shall be conducted in the English language.
- The place of arbitration shall be Nairobi, Kenya.
- The arbitration award may include but not be limited to paying a sum of money, or an order to perform an act, or an order to refrain from an act, or an order to refrain from an act, or any combination of such orders.
- The award rendered shall be final and conclusive to the extent permitted under the laws of Kenya.
Your use of the platform, Tutor Services, or collective content shall be solely at your own risk. You acknowledge and agree that MwalimuPlus does not have an obligation, but reserves the right for any reason, to (a) monitor or review user content; or (b) for any permissible purpose, conduct identity verification, background (including criminal background) on any member, including but not limited to Service Members. The platform is provided "as is," without warranty of any kind, either express or implied. Without limiting the foregoing, MwalimuPlus and its affiliates and subsidiaries, and their respective officers, directors, employees and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform or the Tutor Services offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation all collective content.
MwalimuPlus makes no warranty that the platform or Tutor Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. It is up to the users of MwalimuPlus to be sure that anything available (products, services and information) through the MwalimuPlus Platform is specific to your requirements. MwalimuPlus accepts no responsibility if what is offered does not meet expectations. MwalimuPlus assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform.
MwalimuPlus also does not make any guarantee that the use of the Platform MwalimuPlus will lead to an improvement of Student Members academic performance.
MwalimuPlus Shall not be liable for any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from MwalimuPlus or through the platform, will create any warranty not expressly made herein
You are solely responsible for all of your communications and interactions with other users or members of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any members. You understand that MwalimuPlus does not make any attempt to verify the statements of users of the platform or to review or vet any Tutor Services. MwalimuPlus makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive Tutor Services. MwalimuPlus explicitly disclaims all liability for any act or omission of any users or third parties.
28. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by the laws of Kenya, the entire risk arising out of your access to and use of the platform and collective content, your offering or providing Tutor Services or requesting or receiving Tutor Services through the platform, and any contact you have with other users of MwalimuPlus or third parties, whether in person or online, remains with you. Neither MwalimuPlus nor any other party involved in creating, producing, or delivering the Platform will be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MwalimuPlus has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the platform, Tutor Services or collective content; (f) any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or (g) your offering or providing Tutor Services or requesting or receiving Tutor Services through the platform.
In no event shall the total, aggregate liability of MwalimuPlus and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, arising from or relating to the terms, platform, Tutor Services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any Tutor Services or interactions with any other users exceed the total amount of fees actually paid to MwalimuPlus by you hereunder, or Ten Thousand Kenya Shillings if no such payments have been made, as applicable.
The Parties undertake that they will not at any time during or after the conclusion of this agreement, disclose to any person any confidential information concerning business affairs, customers, clients or suppliers of MwalimuPlus, except that you may disclose MwalimuPlus' confidential information as may be required by law, court order, or any government or regulatory authority.
The Parties undertake not to make use of confidential information encountered through association with MwalimuPlus for any purpose other than to perform your obligations under this agreement. This confidential information may include but is not limited to performance of Student Members using the platform to other members unless required by other Teacher Members or the Head Teacher Member.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify MwalimuPlus of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the applicable WCS service.
30. INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold MwalimuPlus and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Tutor Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Tutor Services.
Force Majeure: Other than payment obligations, neither MwalimuPlus nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Contacting You and E-SIGN Consent: You agree that MwalimuPlus may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, MwalimuPlus or Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from MwalimuPlus or Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [email protected] with contact information and the address for delivery.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MwalimuPlus' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Tutor Services offered therein must commence within six (6) years after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected], or by writing to MwalimuPlus, Suite 2B Woodlands office Park, Woodlands Road Hurlingham. P.O. Box 105028-00101 Nairobi Kenya, or by calling us on Telephone number: +254 - 714 - 55 66 77.