1.0 Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website or submit any material to our website we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.0 Credit

2.1 This document was created using a template from SEQ Legal.

3.0 Copyright notice

3.1 Copyright (c) 2020 Collanet Africa.

3.2 Subject to the express provisions of these terms and conditions:

• (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
• (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.0 Licence to use website

4.1 You may:

• (a) view pages from our website in a web browser;
• (b) cache our website pages on your web browser; and
• (c) stream audio and video files from our website

Subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

• (a) republish material from our website (including republication on another website);
• (b) sell, rent or sub-license material from our website;
• (c) show any material from our website in public;
• (d) exploit material from our website for a commercial purpose; or
• (e) redistribute material from our website.

4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.0 Acceptable use

5.1 You must not:

• (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
• (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
• (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
• (f) violate the directives set out in the robots.txt file for our website; or
• (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.0 Registration, accounts and payment information

6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. You can also register using your existing social media accounts supported on our signup page (if and when available).

6.2 You MUST not allow any other person to use your account to access the website.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

6.5 If you make any purchases through the portal, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in Kenya Shillings. The payment processors are able to convert your account’s currency during checkout. Once you have paid for access, the transaction cannot be reversed.

6.6 If and when Collanet Africa shall offer a free trial of service, you are responsible to cancel subscription before the trial period elapses. Failure to do this, you shall be automatically charged for the future billings of the service until such a time as you shall terminate your subscription. Collanet Africa does not guarantee that any portion of the Services will always be available for free.

6.7 Collanet Africa may offer certain Services on a subscription basis. Under such a subscription, you will be charged for the subscription services every period until you cancel your subscription. Please review the specific terms of your subscription for more information.

6.8 Collanet Africa does not guarantee any refunds due to the nature of the products/services sold on this platform. If you wish to terminate your access according to the provisions of clause 8, make sure to terminate your account by the end of your access period. If the account is terminated from our end due to misconduct or abuse from your end, no further discourse shall be explored. Each digital download has limited number of times it can be downloaded. The download links will expire when your access period expires.

7.0 User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.0 Cancellation and suspension of account

8.1 We may, with a probable cause, suspend/cancel/edit your account details at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website using your account control panel on the website.

8.3 Any unused access shall be treated according to clause 6.8.

9.0 Your content: license

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media in relation to this website, the Futures Centre and any successor website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9.8 The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.

9.9 All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators.

9.10 If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

• (a) be libelous or maliciously false;
• (b) be obscene or indecent;
• (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
• (d) infringe any right of confidence, right of privacy or right under data protection legislation;
• (e) constitute negligent advice or contain any negligent statement;
• (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
• (g) be in contempt of any court, or in breach of any court order;
• (h) be in breach of racial or religious hatred or discrimination legislation;
• (i) be blasphemous;
• (j) be in breach of official secrets legislation;
• (k) be in breach of any contractual obligation owed to any person;
• (l) depict violence in an explicit, graphic or gratuitous manner;
• (m) be pornographic, lewd, suggestive or sexually explicit;
• (n) be untrue, false, inaccurate or misleading;
• (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
• (p) constitute spam;
• (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
• (r) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:

• (a) the completeness or accuracy of the information published on our website;
• (b) that the material on the website is up to date; or
• (c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

• (a) limit or exclude any liability for death or personal injury resulting from negligence;
• (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
• (c) limit any liabilities in any way that is not permitted under applicable law; or
• (d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

• (a) are subject to Section 12.1; and
• (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

• (a) send you one or more formal warnings;
• (b) temporarily suspend your access to our website;
• (c) permanently prohibit you from accessing our website;
• (d) block computers using your IP address from accessing our website;
• (e) contact any or all of your internet service providers and request that they block your access to our website;
• (f) commence legal action against you, whether for breach of contract or otherwise; and/or
• (g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

14. Variation

14.1 We may revise these terms and conditions from time to time without any prior notice to you.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Kenya.

20. Statutory and regulatory disclosures

20.1 Collanet Africa provides a portal where STEM lessons for the Kenya Secondary Education syllabus are taught through modulated courses. We aim to bridge the knowledge gap in Mathematics, Chemistry, Biology and Physics subjects to help the learners acquire knowledge and increase their competence. Our lessons are always available and learners can attend sessions whenever they wish provided their access period is still active. The courses are developed by experienced teachers (TSC registered).

21. User Discussion Lists and Forums

21.1 The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website at their discretion at any time.

22. Indemnification

22.1 You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

23. Our contact details

23.1 The best way to reach us is via our website contact form.

Effective date: June 25, 2020.