These Terms of Use (“Terms”) govern the access or use by you, an individual, from any other country of applications, websites, content, products, and services (the “Services”) made available by www.edumgr.online, having its product hosted on edumgr.online to offer service to clients across the continent of Africa (“Edumgr”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access to and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Edumgr. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Edumgr may immediately update, review or terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Edumgr may amend the Terms related to the Services from time to time. Amendments will be effective upon Edumgr’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Edumgr’s Privacy Policy located at www.edumgr.online Edumgr may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Teacher (including Staffers) and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services constitute a technology platform that enables users of Edumgr’s mobile applications or websites provided as part of the Services (each, an “Application”) to Manage School Systems. Unless otherwise agreed by Edumgr in a separate written agreement with you, the Services are made available solely for your Corporate, noncommercial use. YOU ACKNOWLEDGE THAT EDUMGR DOES NOT PROVIDE TEACHING SERVICES OR FUNCTION AS A SCHOOL AND THAT ALL SUCH TEACHING ARE PROVIDED BY INDEPENDENT TEACHERS CONTRACTED BY YOU WHO ARE NOT EMPLOYED BY EDUMGR OR ANY OF ITS AFFILIATES.
License.
Subject to your compliance with these Terms, Edumgr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your corporate device(s) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your corporate, noncommercial use. Any rights not expressly granted herein are reserved by Edumgr and Edumgr’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Edumgr; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership.
The Services and all rights therein are and shall remain Edumgr’s property or the property of Edumgr’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Edumgr’s company names, logos, product and service names, trademarks or service marks or those of Edumgr’s licensors.
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active corporate user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Edumgr certain personal/corporate information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either bank account details or a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method/plan on file, may result in your inability to access and use the Services or Edumgr’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Edumgr in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account (except those under your employment), and you may not allow persons under the age of 18 to receive school management services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no teaching of unlawful or hazardous information). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging.
By creating an Account, you agree that the Services entitles you to send internal text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of sending text (SMS) messages through Edumgr at any time by following the directions found at www.edumgr.onine You acknowledge that opting out of sending text (SMS) messages may impact your use of the Services. You acknowledge that extra requirement of text (SMS) messages will incur extra charges.
Promotional Codes.
Edumgr may, in Edumgr’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Edumgr establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Edumgr; (iii) may be disabled by Edumgr at any time for any reason without liability to Edumgr; (iv) may only be used pursuant to the specific terms that Edumgr establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Edumgr reserves the right to withhold or charge you separately for other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Edumgr determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Edumgr may, in Edumgr’s sole discretion, permit you from time to time to submit, upload (both internally), publish or otherwise make available to Edumgr through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content through the service, you grant Edumgr a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, internally distribute, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Edumgr’s business), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Edumgr the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Edumgr’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Edumgr in its sole discretion, whether or not such material may be protected by law. Edumgr may, but shall not be obligated to, review, monitor, or remove User Content, at Edumgr’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Edumgr does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). After you have received services or goods obtained through your use of the Service, Edumgr will receive your payment of the applicable Charges in such manner as shall be considered the same as payment made directly by you to for the Services. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, estate surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law especially where there may be a Third Party Service involved. Charges paid by you are final and non-refundable, unless otherwise determined by Edumgr. You retain the right to request lower Charges for any Third Party services or goods received by you from such Third Party at the time you receive such services or goods. Edumgr will respond accordingly to any request from you of a Third Party Service or to modify the Charges for a particular service or good.
All intranet payments are immediately updated and same updates will be facilitated by the internal system within the services using the information supplied upon payments made, after which Edumgr will internally generate a receipt that may be sent by email or other media. If your primary Account is determined to be expired, invalid or otherwise not able to be charged, you agree that Edumgr may, in its sole discretion disable the account or renew the account subscription and as such the payment due.
As between you and Edumgr, Edumgr reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Edumgr’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Edumgr will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Edumgr may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
This payment structure is intended to fully compensate the Edumgr for the School management services or goods provided. Except with respect to Support services requested through the Application, Edumgr does not designate any portion of your payment as a tip or gratuity.
Repair or Replacement Fees.
You shall be responsible for the cost of repair for damage to, or necessary replacement of, School equipment and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary replacement (“Repair or Replacement”). In the event that a Teacher reports the need for Repair or Replacement, and such Repair or Replacement request is verified by Edumgr in Edumgr’s reasonable discretion, Edumgr reserves the right to facilitate payment for the reasonable cost of such Repair or Replacement on behalf of the School using your payment method designated in your Account. Such amounts will be transferred by Edumgr to the applicable Third Party Service Provider and are non-refundable.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EDUMGR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EDUMGR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EDUMGR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EDUMGR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EDUMGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDUMGR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF EDUMGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDUMGR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EDUMGR’S REASONABLE CONTROL.
EDUMGR’S SERVICES MAY BE USED BY YOU TO MANAGE SCHOOL SYSTEMS AND INTERNAL COMPONENT SERVICES , BUT YOU AGREE THAT EDUMGR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SCHOOL MANAGEMENT SYSTEM SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Edumgr and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Edumgr’s use of your User Content; or (iv) your violation of the rights of any third party, including Teachers.
You understand and agree that it is your responsibility to ensure that you care for your property and gadgets used in relation to the School management service during a session by a Teacher or administrative staff during and after the session/class. Should any of your property be left with a Teacher, the Teacher may hand over your property to you or to the Edumgr’s Liaison/ administrative officer
Whilst you may expect Teachers to hand over your property to you or the Edumgr’s liaison Officer, Edumgr Solutions shall not be held liable in the event of the Teacher not handing over your property as expected. Moreover, Edumgr’s liaison Officer shall not be liable for the loss or damage to your property during the session/class.
Whilst Edumgr’s liaison Officer will take reasonable steps to establish the owner of property identified by a Teacher if returned to Edumgr’s liaison Officer, when your property is in Edumgr’s liaison Office, you understand and agree that: (i) Edumgr or the Edumgr’s Liaison office will only keep your property in its possession for a maximum period of three months from the date on which the Teacher handed your property to Edumgr or Edumgr’s Liaison officer; and (ii) should you fail to collect your property from Edumgr or the Edumgr’s Liaison office before the expiry of the three month period stipulated, Edumgr or the Edumgr’s Liaison office will be entitled to deal with your property as deemed fit and you shall have no claim whatsoever against Edumgr or the Edumgr’s Liaison office in respect of your unclaimed property.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the operating country, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be the capital city of state where the Client/School receiving the School Management System service is located. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Edumgr’s Liaison office. Please visit Edumgr’s web page at www.edumgr.online for the designated address and additional information.
Notice.
Edumgr may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Edumgr by email to edumgrafrica@gmail.com.
General.
You may not assign or transfer these Terms in whole or in part without Edumgr’s prior written approval. You give your approval to Edumgr for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Edumgr’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Edumgr or any Third Party Provider as a result of the contract between you and Edumgr or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”