Terms of Use and Service

1. Introduction

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.

2. Eligibility

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. License To Use Our Site

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. Fair Use

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. Content Disclaimer

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. Sales And Marketing

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.

7. Warranty Disclaimer

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.

8. Limitation Of Liability

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.

9. Indemnification

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.

10. Force Majeure

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.

11. Breaches Of These Terms

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.

12. Updates, Modifications And Amendments

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.

13. Notices

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.

14. Governing Law And Dispute Resolution

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.

15. Contact Us

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