Terms & Conditions

PLEASE READ THIS USER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY SKOOLA LLC. BY CLICKING THE “I agree”  BOX, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY COMPANY. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Definitions

The following terms shall have the meanings set forth below:

• “Software” shall mean the software product provided by the Company, including all associated media, printed materials, and online or electronic documentation.
• “Company”, “We” shall mean the company providing the software.
• “Customer Data” shall mean all data, information, or material submitted by you through the use of the software.
• “Intellectual Property Rights” shall mean all patent rights, copyrights, trademark rights, trade secret rights, and any other proprietary rights.
• “Terms of Use” shall mean these terms and conditions governing the use of the software.
• “You” shall mean the individual or entity using the software.

1. Introduction

Welcome to our software platform Skoola LLC. The following terms and conditions (“Terms of Use”) govern your use of our Platform and all services provided through it. By accessing or using the Platform, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Platform.

2. Changes to Terms of Use

We reserve the right to update or modify these Terms of Use at any time. Your continued use of the Platform following the posting of changes to these Terms of Use means you accept those changes.

3. Restrictions

You shall not, and shall not permit any third party to, use the software in any manner not expressly authorized by these Terms of Use. Without limiting the generality of the foregoing, you shall not

(a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software;

(b) rent, lease, lend, sell, redistribute, or sublicense the software;

(c) use the software for timesharing, service bureau, or other commercial purposes;

(d) remove or alter any proprietary notices or labels on the software;

(e) use the software in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the software;

(f) attempt to gain unauthorized access to the software, other accounts, computer systems, or networks connected to the software, through hacking, password mining, or any other means; or

(g) use the software for illegal purposes.

You shall comply with all applicable laws and regulations in connection with your use of the software. Any unauthorized use may result in immediate termination of these Terms of Use and may subject you to civil and criminal liability.

4. User Accounts

In order to use certain features of the Platform, you may be required to create a user account. You agree to provide accurate and complete information when creating your account, and to keep this information up-to-date. You are solely responsible for the security of your account information, and for all activities that occur under your account.

5. Proprietary Rights

The Platform and all content and materials available through it, including but not limited to text, software, graphics, photos, and videos, are protected by intellectual property laws, including copyrights and trademarks. You acknowledge that Skoola is the exclusive owner and owns all proprietary right of Skoola applications, the service, the portal (URLs) and all intellectual property rights associated with, including software and copyrights. You may not use any of these materials without our prior written consent.

6. User Content

You may be able to upload or submit content through the Platform, such as reviews, comments, and other materials (Skoola). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your User Content in connection with the Platform and our business.

7. Disclaimers

The Platform and all content and materials available through it are provided “as is” and “as available” without warranties of any kind, either express or implied. No representation or other affirmation of fact regarding the portal and the services shall be deemed a warranty or guarantee for any purpose.

8. Limitation of Liability

In no event shall we be liable for any damages of any kind, including without limitation, direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with the use of the Platform or these Terms of Use.

9. Indemnification

You agree to indemnify and not hold us liable to any claims, losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Platform or violation of these Terms of Use.

10. Termination

Unless sooner terminated, the term of this Agreement will continue for whole term of elected Subscription Plan. Either party shall have the right at any time, by giving notice in writing, to terminate this Agreement without liability to the other on the occurrence of any of the following events:

a. if the other party commits a breach of any of the terms and conditions of this Agreement and such breach has not been rectified within thirty (30) days after receipt of notice to rectify served on the defaulting party by the other party;

b. if the other party becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits an appointment of a receiver for its business or assets, becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, is liquidated, voluntarily or otherwise, or suffers any similar action in consequence of debt;

c. if Customer engages in illegal activities; or

In the event of the expiration or termination of this Agreement for any reason:

a. all license granted shall immediately terminate;

b. each party shall return and make no further use of any equipment, property or other’s party’s items

c. Supplier may destroy or otherwise dispose of any of the Customer Data in its possession

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is headquartered (KENYA) , without giving effect to any principles of conflicts of law.

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the jurisdiction in which our company is headquartered.

13. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Waiver

Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

15. Acceptance of Terms

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

16. Customer Data

You acknowledge and agree that any data, information, or material submitted by you through the use of our software (Skoola) shall be your sole responsibility. You represent and warrant that you have the right to submit such Customer Data and that the Customer Data does not violate any intellectual property rights or other proprietary rights of any third party. You shall not submit any Customer Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You shall be solely responsible for the accuracy, quality, integrity, and legality of all Customer Data submitted by you. We shall not be responsible for any loss or damage to the Customer Data, and we shall not be obligated to backup any Customer Data. We may use the Customer Data only in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference.

17. Third-Party Services

The Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

18. Privacy Policy

We respect your privacy and are committed to protecting it. Our Privacy Policy, which is incorporated into these Terms of Use by reference, explains how we collect, use, and protect your personal information. By using the Platform, you agree to our collection and use of your personal information as described in the Privacy Policy.

19. Trademarks

All trademarks, service marks, trade names, logos, and other proprietary designations of us used on or in connection with the Platform are trademarks or registered trademarks of us. Trademarks of third parties may also be used on or in connection with the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without our written permission or the written permission of such third party that may own the trademarks.

20. Software Updates

We may, in our sole discretion, provide updates to the software used by the Platform. You agree to promptly install any such updates as required by us. Such updates will be communicated in advance. 

21. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform. By submitting any feedback, comments, or suggestions to us, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use and incorporate such feedback, comments, or suggestions into the Platform or otherwise use them in any manner.

22. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

23. Limitation of Liability

In no event shall we be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of the Platform or these Terms of Use, including without limitation any loss of profits, loss of business, loss of data, or any other damages.

24. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms of Use where such failure is as a result of events beyond our reasonable control, including without limitation acts of God, wars, insurrection, riots, terrorism, civil commotion, acts of civil or military authority, fires, floods, earthquakes, storms, typhoons, or other natural disasters, and failures of the Internet or telecommunications services.

25. Language

The parties have requested that these Terms of Use and all related documents be drawn up in English.

26. Injunctive Relief

You acknowledge that any breach of these Terms of Use may cause us irreparable harm, and that a remedy at law may be inadequate. In addition to any other remedies that may be available to us at law or in equity, we shall be entitled to seek injunctive relief to enforce these Terms of Use.

27. Amendment

We may, in our sole discretion, modify or revise these Terms of Use at any time by updating this page. Your continued use of the Platform following any such modification or revision constitutes your agreement to be bound by these Terms of Use, as so modified or revised.

These Terms of Use constitute the agreement between you and us with respect to your use of the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Platform.

BOTH PARTIES ACKNOWLEDGE READING THIS AGREEMENT INCLUDING ITS OTHER DOCUMENTS, AND AGREE TO BE BOUND THEREBY.