These Terms of Use and Service (“Terms”) of our website and/or
applications (“Site”), or any products or services in connection with the application, websites
(“services”) are between Dyeka Kids Learning App (“we”, “us” “our”) and its
users
(“User”, “you” or “your”).
Please read the Privacy Policy (“Policy”) with respect to registration
with us, the use of the Site and services carefully before using the Site or services. In the event of any
discrepancy between the Terms and any other policies with respect to the Site or services, the provisions of the
Terms shall prevail.
Your access and/or browsing of the Site or the use of the services or registration (with
or without payment/with or without a subscription) through any means shall signify your acceptance of the Terms
and your agreement to be legally bound by the same.
If you do not agree with the Terms or the Policy, please do not use the Site or avail
yourself of the services.
By signing on to use our services, you are warranting that you are not a person barred
from receiving services under the laws of the applicable jurisdiction. Therefore, only Users who are 18 years of
age or older may use the services. If you are under 18 years of age and you wish to download, install, access or
use the services, your parents or legal guardian must acknowledge and agree to the Terms. Should your parents or
legal guardian fail to agree or acknowledge the Terms, you shall immediately discontinue its use.
3.1 We grant you a non-assignable, non-exclusive and revocable license to use the Site
provided as part of our services in the manner permitted by these Terms. This license grant includes all
updates, upgrades, new versions and replacement software for you to use in connection with our services.
3.2 The services are protected by copyright, trademark, and other laws of both Nigeria and
foreign countries. Nothing in these terms gives you a right to use our name or any of our trademarks, logos,
domain names, and other distinctive brand features. all right, title and interest in and to the services are and
will remain our and/or licensors’ exclusive property. you also agree not to alter, re-design, reproduce, adapt,
display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code
that is derived from our software.
3.3 Except as mentioned below, all information, content, material, trademarks, services
marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video,
script and audio, contained in the Site and services are our proprietary property (“Proprietary
Information”).
3.4 No Proprietary Information may be copied, downloaded, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any way without obtaining our prior written
permission and nothing on this Site or our services shall be or be deemed to confer a license of or any other
right, interest or title to or in any of the intellectual property rights belonging to us, to the User. You may
own the medium on which the information, content or materials resides, but we shall at all times retain full and
complete title to the information, content or materials and all intellectual property rights inserted by us on
such medium. Certain contents on the Site may belong to third parties. Such contents have been reproduced after
taking prior consent from said party and all rights relating to such content will remain with such third party.
Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and
other intellectual property owned by any third party shall continue to vest with such party and you are not
permitted to use the same without the consent of the respective third party.
3.5 You may not decompile, reverse engineer, or disassemble the contents of the Site or
Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information or software obtained from the Site or services.
4.1 You will not use the Site or services for commercial purposes of any
kind or use the Site or services in any way that is unlawful or harms us or any other person or entity as
determined by the Company.
4.2 You shall not transmit material that encourages anyone to commit a
criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code
of practice, interfere with any other person's use or enjoyment of the Site or services.
4.3 You shall not make, transmit or store electronic copies of materials
protected by copyright without the permission of the owner, committing any act that amounts to the infringement
of intellectual property or making available any material that infringes any intellectual property rights or
other proprietary rights of anyone else.
4.4 You shall not make available any content or material that you do not
have a right to make available under any law or contractual or fiduciary relationship, unless you own or control
the rights thereto or have received all necessary consents for such use of the content.
4.5 You shall not impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
4.6 You shall not intentionally or unintentionally interfere with or
disrupt the Services or violate any applicable laws related to the access to or use of the Site or services,
violate any requirements, procedures, policies or regulations of networks connected to the Site or services, or
engage in any activity prohibited by these Terms.
4.7 You shall not use the services for purposes that are not permitted by
(i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdiction or violate any of the terms specified under the Terms for the use of the Site.
5.1 In the preparation of the Site and services and contents therein,
every effort has been made to offer the most current, correct, and clearly expressed information possible.
Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any
responsibility for any errors and accuracy of the information that may be contained on the Site. Any feedback
from you is most welcome to make the Site and contents thereof error-free and user friendly.
5.2 We also reserve the right and discretion to make any
changes/corrections or withdraw/add contents at any time without notice. Neither we nor any third parties
provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of
the information and materials found or offered on Site or services for any particular purpose. You acknowledge
that such information and materials may contain inaccuracies or errors and we expressly exclude liability for
any such inaccuracies or errors to the fullest extent permitted by law.
5.3 Our Site provides Users with access to compiled educational
information and related sources. Such information is provided on an “As Is” basis and we assume no liability for
the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or
ensure continuity of such information contained on the Site. We would not be responsible for any errors, which
might appear in such information, which is compiled from third party sources or for any unavailability of such
information. From time to time the Site 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 website(s). We have no
responsibility for the content of the linked website(s). You may not create a link to the Website from another
website or document without our prior written consent.
5.4 The contents of the Site and services are developed on the concepts
covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Site
and services is not endorsed as a substitution to the curriculum-based education provided by the educational
institutions but is intended to supplement the same by explaining and presenting the concepts in a manner
enabling easy understanding. We acknowledge that there are various means of delivering structured curriculum
pedagogy and inclusion of methods in the Site and services does not imply endorsement of any particular method
nor exclusion imply disapproval.
6.1 We may based on any form of access to the Site (including free
download/trials) or services or registrations through any source whatsoever, contact you through SMS, email and
call, to give information about our products as well as notifications on various important updates and/or to
seek permission for demonstration of our products.
6.2 While we may, based on your confirmation, facilitate the
demonstration of our products at the location sought by you, you acknowledge that you have not been induced by
any statements or representations of any person with respect to the quality or conditions of the products and
that you have relied solely on the investigations, examinations and inspections as you have chosen to make and
that we have afforded you the opportunity for full and complete investigations, examinations and
inspections.
6.3 Upon registration through any means whatsoever, we may contact you
through the registered mobile number or e-mail or any other mobile number or contact number or email provided by
you to enable effective provision of services.
6.4 While we have made efforts to train the personnel engaged in the
sales and services relating to our products to enable quality control, we make no warranties or representations
whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant
behaviour of any such personnel. Any feedback from you relating to the same is most welcome and we reserve the
right and discretion to take any action in this regard.
WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE,
HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE CONTENT “AS IS” WITH NO WARRANTY, EXPRESS
OR IMPLIED, OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE, PLATFORM, PRODUCTS AND
SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE 100% FRAUD OR FAIL PROOF, REMAIN FREE FROM ANY
INTERRUPTION, BUGS, INACCURACIES, AND ERROR-FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE
WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE, PLATFORM OR OUR SERVICES WILL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY STATED. WE WARRANT THAT WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THAT THE
SERVICE OPERATES OPTIMALLY AT ALL TIMES IN ACCORDANCE WITH BEST INDUSTRY STANDARD.
UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE,
DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH) ARISING OUT OF OUR WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE,
OR ARISING FROM THE RESULT OF USE OF OUR WEBSITE, PLATFORM OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON
WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF
CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU IN THEIR ENTIRETY BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You hereby indemnify us and undertake to keep us, our staff and affiliates indemnified
against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees
and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that
you have breached any provision of these Terms. You hereby undertake to indemnify and hold us harmless from and
against any claim, suit or proceeding brought against us arising from or in connection with violations of
Intellectual Property or other rights of third parties in relation to your use of the Site or services.
Under no circumstances shall we be held liable for any delay or failure or disruption of
the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces
or causes beyond our reasonable control, including without limitation, Internet failures, computer,
telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots,
insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third
parties.
Without prejudice to other rights accruable to us under these Terms, any breach of these
Terms will warrant our institution of such measures that we deem appropriate to deal with the breach, which may
include but shall not be limited to suspending or prohibiting your access to and/or use of the website, blocking
computers using your IP address from accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings against you.
We reserve the right to update, modify, change or revise these Terms from time to time.
The changes will not be retroactive, and the most current version of the Terms will always be on this page and
will continue to govern our relationship with you. We advise that you check this page often, referring to the
date of the last modification on the page. We will also try to notify you of any material changes which could be
done via the email associated with your account or service notification. By continuing to use our Site and
services after the changes become effective, you agree to be bound by the revised Terms.
All legal notices or demands to or upon us shall be made in writing and sent to us
personally, by courier, certified mail, to our registered address on our site and our contact e-mail in clause
15 below. All legal notices or demands to or upon a User shall be effective if either delivered personally,
sent by courier, certified mail, or email to the last-known correspondence or email address provided by you. You
agree that all agreements, notices, demands, disclosures and other communications that we send to you
electronically satisfy the legal requirement that such communication should be in writing.
These Terms of Use shall be interpreted and governed by the laws currently in force in the
Federal Republic of Nigeria. We shall make an effort to settle all disputes amicably. Any dispute arising out of
these Terms which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to
the exclusive jurisdiction of the Nigerian Courts.
If you have any complaints, feedback and/or questions about us, our Services and/or these
Terms, you may contact us at hello@dyeka.ng