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TERMS OF USE

This page sets out the general terms and conditions of access to and use of the Services.

DEFINITIONS

“Agreement” means these Terms of Service, the Privacy Policy, and any additional policies, terms, conditions and/or agreements provided by us in connection with the Services and which are accepted by you in the course of using any of the Services.

“Course” means an educational, training or other information or instructional-based course or program offered through the Services.

“Instructor(s)” means any person who teaches the Courses.

“User(s)” means any person who enrolls, purchases access to, or otherwise participates in, any Course(s).

“Services” means the eAcademy LMS website(s) and the related domains, websites, mobile device properties, applications, tools, software, functionality, methodologies, services and capability associated with the learning management system that is operated and maintained by eAcademy LMS and made available to you as set out in this Agreement.

“eAcademy LMS”, “we”, “our, or “us” means eAcademy By Kayzen Limited with RC Number- 7097382, a company incorporated in the Federal Republic of Nigeria.

“eAcademy LMS Affiliate” means in relation eAcademy LMS, its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, eAcademy LMS.

“You” or “Your” means any person visiting, accessing or using the Services, and includes and company or other legal entity or organization as set out in clause 1.3.

  1. INTRODUCTION AND ACCEPTANCE OF AGREEMENT
    • The ownership and operation of the Services are attributed to eAcademy LMS. Specific terms and expressions utilized within these Terms of Service hold the definitions as outlined in the Dictionary found at the start of this Agreement or at other points in this Arrangement.
    • Using the Services in any manner, including by visiting, accessing, browsing, or connecting to the Services or by utilizing any other features, tools, or components we offer within the Services, is subject to your acknowledgment and adherence to the terms, regulations, policies, notifications, and disclaimers presented within these Terms and Conditions, and elsewhere throughout the rest of the Services. Your use of the Services in any manner constitutes your unconditional acceptance of the agreement to abide by the terms outlined in the Agreement (inclusive of these Terms and Conditions). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Services.
    • If you are using any of the Services for or on behalf of a company or other legal entity or organization, you represent and guarantee that you possess the authorization to engage in this Agreement and any additional agreements on behalf of said company, legal entity, or organization, and that you acknowledge that all stipulations within the Agreement will have a binding effect on the aforementioned company, legal entity, or organization.
  1. ADDITIONAL TERMS AND POLICIES
    • The features, tools, and elements of the Services that allow Users to purchase access to any Course(s) and/or to enroll, and participate in any Course(s):
  2. are accessible only to Users with an active account; and
  3. are subject to additional policies, terms, conditions and/or agreements that apply in addition to these Terms of Service, as provided to the Users prior to use of the relevant Services (including the terms and policies described in clause 2.2).
    • It is important to read, understand and comply with all our additional policies, terms, conditions and/or agreements we offer, they establish the guidelines for utilizing the corresponding Services. These additional policies and terms (including all policies and terms referenced in them) are integrated into and form part of this Agreement and includes without limitation, our Privacy Policy.
    • In case of any conflict or inconsistency between the specific terms, conditions or policy that applies to any feature, tool or element of the Services and these Terms of Service, the specific terms, conditions or policy will take precedence to the extent of the conflict or inconsistency.
  1. ACCESSIBILITY
    • The Services may be accessed and used in several ways including, without limitation, by:
  2. general Users who access or browse any of the Services, without creating an account; and
  3. Users who have created an account in order to access any of the course elements of the Services that are available only to account holders.
    • When you create an account, you must provide current, complete and accurate information, and you must uphold and promptly revise your information so that it is true, accurate, current and complete at all times. eAcademy LMS bears no responsibility towards you (or any third party) in relation to any repercussions stemming from your inability to sustain and refresh your information, including, but not limited to, any claim, loss or damage from your failure to receive information about the Services.
    • It is your responsibility to maintain control over your account access, including safeguarding the confidentiality of your password. You are responsible for all activities conducted under your account, whether authorized by you or not, are your responsibility, and you must promptly inform eAcademy LMS if you suspect, anticipate, or observe any form of unauthorized account usage or security breach. eAcademy LMS will not be liable for any claims, losses, or damages stemming from another individual’s use of your password or account, regardless of whether it occurred with or without your knowledge. However, you may be held accountable for any losses incurred by eAcademy LMS or a third party due to your actions or the usage of your account or password by someone else.
    • The Services are available only to, and may only be used by, individuals who are 13 years and older. Individuals under the age of 13 must at all times use eAcademy LMS’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 13 years of age. In all cases, the adult is the User and is responsible for any and all activities.
    • We reserve the right to make modify the Services from time to time, including without limitation, the availability of tools or features; how long, how much or how often any given tool or feature may be used; and feature dependencies upon other services or software. In instances where a significant feature or functionality of the Services is slated for removal, we will furnish you with advance notice, unless expedited changes are necessary due to security, legal, or system performance concerns.
  1. PURPOSE OF THE SERVICES
    • The Services and all materials displayed by eAcademy LMS or any eAcademy LMS Affiliate on or through the Services, including without limitation all eAcademy LMS’s information, text, materials, images, photographs, graphics, videos, navigational elements, software, tools, names, logos and trademarks on the Services (eAcademy LMS Content) are made available for personal, non-commercial purposes unless you have otherwise entered into an agreement with us.
    • eAcademy LMS develops or create Courses(s), associated Course-content or third-party link that are accessible through the Services which serve as a single point of access where eligible Users can interact as:
  2. Users who wish to procure access to any Course(s), either for personal use or on behalf of a company or organization; and/or
  3. Users to register, obtain access to, and engage in any Course(s) provided via the Services.
    • This means that in providing the Services, the role of eAcademy LMS is limited to providing a learning platform and Course content for Users. You are solely responsible for your business dealings or other interaction with other Users of the Services, whether online or offline. As a result, you acknowledge and agree that:
  4. eAcademy LMS will not be responsible or liable for any claim, loss or damage of any sort arising from or in linked to, such transactions or interactions; and
  5. if a dispute arises between you and any one or more Users or Instructors, you hereby exempt eAcademy LMS and its Affiliates from any and all claims, requests, and consequences (actual and consequential, and whether direct or indirect) of any sort, known or unknown, that stem from or are in any manner related to such dispute.
    • eAcademy LMS does not make any representation or warranty about the identity or credentials of any other User. Such information is based solely on data that the relevant User submits and we provide such information solely for the convenience of Users. The provision of the Services and such information is not an introduction, endorsement or recommendation by eAcademy LMS.
  1. USE OF THE SERVICES
    • You are solely responsible for your use (including your conduct and activities) of the Services. When using the Services, you must not:
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display the Services or any eAcademy LMS Content, or any content provided by a third party, except to the extent permitted by law, or with the prior written consent of eAcademy LMS or the appropriate third party (as applicable);
  3. use the Services or any eAcademy LMS Content to establish, maintain or provide, or assist in establishing, maintaining, or providing a learning management system;
  4. infringe any applicable laws or regulations, or the rights of eAcademy LMS or any third party;
  5. upload, publish, or post false, inaccurate, misleading, defamatory or offensive content;
  6. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  7. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes, or distribute viruses or any other technologies that may harm eAcademy LMS, any of the Services, or the interests or property of any third party;
  8. take any action that imposes, or may impose, in eAcademy LMS’s sole discretion, an unreasonable or disproportionately large load on eAcademy LMS’s infrastructure;
  9. use the Services in any manner that could damage, disable, overburden, or impair the Services or any network or other infrastructure used by or connected to eAcademy LMS;
  10. interfere or attempt to interfere with the proper working of the Services, any other party’s use and enjoyment of the Services, or any activities conducted on, or in connection with, any of the Services;
  11. bypass any robot exclusion headers or other measures eAcademy LMS may use to prevent or restrict access to eAcademy LMS; or
  12. gain, or attempt to gain, unauthorized access to any areas of the Services, other accounts, or any systems, networks, or infrastructure used by or connected to eAcademy LMS.
    • You must immediately notify us and any relevant authorities if you become aware of any use of the Services that is or is likely to be, illegal or threatening to the health or safety of any person.
    • By using this service you agree and consent to eAcademy LMS collecting, using and disclosing to third parties your personal information in line with the stipulations outlined in our Privacy Policy. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that eAcademy LMS may manage such information as delineated in the Privacy Policy.
  1. PAYMENTS AND CURRENCIES
    • Fees may be payable for use of certain features of the Services. The amount of those fees and the payment terms will be notified to you prior to the relevant amount being charged to you.
    • Certain aspects of the Services may display pricing in a local currency or offer a currency calculator tool. These displayed rates are based on from converting the original currency using estimated market exchange rates. You understand and agree that these rates and any currency calculator are indicative and provided as general information only.
  1. DISCLAIMER AND LIMITATION OF LIABILITY
    • The Services, the website and all content on the Services are provided “as is”, “as available” and on a “with all faults” basis, without warranties of any kind either express or implied, and the entire risk as to the quality and performance of the Services is with you.
    • Without limiting any other provision of the Agreement, eAcademy LMS makes no representation or warranty about:
  2. any of the Services, the results that may be obtained from the use of the Services, or the accuracy, reliability, availability, veracity, timeliness or content of any of the Services;
  3. whether the Services will be up-to-date, uninterrupted, timely, secure, error-free or non-misleading, or that defects in the Services will be corrected;
  4. whether the Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Services;

any third party agreements or any guarantee of business gained by you through the Services or through eAcademy LMS or any eAcademy LMS Affiliate(s); or

  1. the Services, or the systems or infrastructure on which the Services are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
  • To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
  • Although eAcademy LMS aims to maintain the availability of the Services whenever feasible, there will be instances when the entirety or specific portions of the Services might experience interruptions. Such interruptions could occur due to scheduled maintenance or enhancements, urgent repairs, or disruptions in telecommunications connections and/or equipment.
  • You acknowledge and agree that in no event shall eAcademy LMS or any eAcademy LMS Affiliates be liable in any way, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
  1. any claim, loss or damage, which may be incurred by you as a result of, or in connection with your use of, the Services and/or any third party content;
  2. any special, indirect, incidental or consequential loss or damages (including, without limitation, legal fees); or
  3. any direct or indirect loss or damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with your access to, use of, or inability to access or use any of the Services, or performance of software, documents, provision of or failure to provide Services, or information available from the Services, whether or not eAcademy LMS or any eAcademy LMS Affiliates have been advised of the possibility of such losses or damages arising.
  1. INDEMNITY
    • You must indemnify and hold harmless, and keep indemnified and continue to hold harmless, eAcademy LMS and the eAcademy LMS Affiliates against all claims, loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
  2. any breach by you of the Agreement, or of any laws, rules, regulations, codes, statutes, ordinances or orders of any government authority or court; or
  3. your breach, or alleged breach, of any third-party right, including without limitation, any intellectual property right, confidentiality, or privacy right; or
  4. reliance by you on any information obtained through the Services including, without limitation, any eAcademy LMS Content or any third party content; or
  5. your access to or use of the Services.
  6. INTELLECTUAL PROPERTY NOTICE
    • Except where expressly provided otherwise in the Agreement, you do not have any right, title or interest in or to any proprietary rights relating to the Services or the eAcademy LMS Content.
    • The trademarks, product or service names, slogans, and logos associated with eAcademy LMS, as well as those of its suppliers or licensors, are protected under intellectual property law and may not be replicated, mimicked, or employed, either fully or partially, without obtaining the explicit written consent of eAcademy LMS or the relevant trademark holder. The rights and ownership of these trademarks, along with the associated goodwill, continue to be vested in eAcademy LMS or the applicable trademark holder.
    • You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of eAcademy LMS without eAcademy LMS’s prior written permission.
    • In addition, the overall appearance and design of the Services, encompassing elements such as page headers, tailored graphics, button icons, and scripts, constitute the service mark and/or trademark of eAcademy LMS. Replicating, imitating, or utilizing these components, either entirely or partially, requires obtaining explicit written consent from eAcademy LMS beforehand. Any mention of products, services, procedures, or other details by their trade names, trademarks, or otherwise does not suggest or infer endorsement, sponsorship, or recommendation by eAcademy LMS.
    • Nothing contained on the Services should be construed as being any license or right of use of any trademark displayed on the Services.
  1. CANCELLATION, SUSPENSION, AND TERMINATION
    • You may cancel your eAcademy LMS account at any time by ceasing to access or use any of the Services, or by otherwise following any instructions that we provide to you for canceling your account.
    • User accounts that have not been logged into for a continuous period of 36 months will be deactivated and/or archived by eAcademy LMS.
    • We may close or suspend your account, or limit your access to any of the Services if:
  2. we determine that you have breached, or are acting in breach of, the Agreement;
  3. we determine that you have infringed any laws or regulations or the rights of a third party, including infringing someone else’s intellectual property rights, or if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; or
  4. you do not respond to or complete any account verification requests.
    • All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  1. GENERAL
    • The Services and any information provided within the Service are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject eAcademy LMS to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction at any time.
    • eAcademy LMS holds the right, at its exclusive discretion, to refuse the provision of access to, or utilization of, any of the Services to any individual or entity. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
    • If eAcademy LMS is partially or wholly precluded from complying with its obligations under this Agreement by any event, matter or circumstance that is beyond its reasonable control, then eAcademy LMS’s responsibility to execute said obligations will be temporarily put on hold for the duration of the delay caused by the aforementioned event, situation, or circumstance.
    • You agree that if eAcademy LMS does not exercise or enforce any legal right or remedy contained in this Agreement (or which eAcademy LMS has the benefit of under any applicable law), this will not operate as a waiver of eAcademy LMS’s rights and that those rights or remedies will still be available to eAcademy LMS.
    • We reserve the right to modify or substitute these Terms of Service at any given point by publishing the updated or substitute terms on the eAcademy LMS website/mobile app or within the Services. The updated version will promptly take effect upon its posting. Kindly review these Terms of Service periodically for any alterations. Continuing to utilize any of the Services subsequent to the publication of changes signifies your legally binding acceptance of those modifications. However, if the revised version entails a significant alteration, it will become effective for current Users on either: (a) the date you acknowledge it; or (b) 30 days subsequent to the initial posting of the significant changes on the eAcademy LMS website or elsewhere within the Services.
    • You agree that you will receive all notices required under the Agreement electronically, by any means reasonably nominated by eAcademy LMS from time to time, including without limitation by email, or by means of a banner message or other notice posted within the Services. Alternatively, the notice may consist of an email from eAcademy to an email address associated with your account. We may also give you notice by mail to the address provided by you during the registration process. All dealings, correspondence, and contacts between us must be made or coeAcademycted in the English language.
    • If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision will be severed and the remaining provisions will continue in full force and effect.
    • You must not assign, transfer, charge, sub-contract, or otherwise deal with all or any of your rights and/or obligations under the Agreement. eAcademy may assign, transfer, novate the Agreement (in whole or in part), sub-contract any of its obligations under the Agreement, or otherwise deal with the benefit of, or a right under, the Agreement, to any other person without obtaining your consent.
    • Nothing in the Agreement creates or will be deemed to constitute, a partnership, joint venture, agency, or fiduciary relationship between you and us.
    • This Agreement may be executed in multiple counterparts and by electronic means. You acknowledge that in entering into this Agreement you have not relied on any representation or warranties about its subject matter except as expressly provided in this Agreement.
    • Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
    • No person who is not a party to the Agreement shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the Agreement its assent to any such term.
    • This Agreement (and all non-contractual obligations arising out of or connected to this Agreement) is governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Both parties consent to the non-exclusive authority of the courts within the Federal Republic of Nigeria and any higher appellate courts.