DoLessons User Agreement
The use of the online services provided by DoLessons, a Nigerian Company is governed by the terms and conditions set out below ("this Agreement"). Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
In this Service Agreement ("Agreement"), "You" and "Your" shall refer to Yourself as the user and Your agents, including each person listed in Your account information as being associated with Your account, while "we", "us" and "our" refer collectively to DoLessons. This Agreement explains the mutual obligations between You and DoLessons based upon Your usage of services through DoLessons. You agree to establish an account with us and to be bound by the terms of this Agreement for transactions entered into by You or on Your behalf by anyone acting as Your agent. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses Your account with DoLessons, whether or not the transactions were on Your behalf and whether or not the transactions were with Your permission. You agree that DoLessons’ acceptance of any registration, application and/or transaction request made by You for services or products provided by DoLessons will occur in Nigeria
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1. Definitions and Interpretation
1.1 In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
Indemnified has the meaning given in Intellectual Property Rights means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, designs and plant breeder rights, whether or not such rights are registered or able to be registered for subject and lessons.
As consideration for the services and products ("services") You purchase from DoLessons, You agree to pay DoLessons the applicable fees set forth on our web site at the time of Your purchase, or, if applicable, upon receipt of Your invoice from DoLessons. You agree to pay DoLessons at the time service is provided. You agree that all payments of fees for DoLessons services shall be made in Nigerian Naira or United States Dollars. You agree that any payments sent in currency other these will not be returned to You (forfeited). You further agree to pay all fees by providing a valid credit card, 2Checkout, DoLessons' Gift card, PayPal, or Bank Deposit/Transfer, or any other payment methods, account information, for immediate charge by DoLessons, or by immediately mailing a valid cheque to the address stated on our web site, or by wire transfer, Bank Deposit or any other means specified on our web site at the time of Your purchase. You agree that all fees are due immediately and are non-refundable, except as otherwise expressly stated in this Agreement. You acknowledge that You have the option to "pre-pay" for DoLessons’ services, by depositing funds using one of the payment methods described herein, for use as account credit in the purchase of DoLessons’ services. You agree that any and all account credits and/or "pre-payments" shall be non-refundable and shall not be redeemed for cash, except as otherwise expressly stated in this Agreement. If for any reason DoLessons is unable to charge Your credit card, debit Your PayPal or process your bank wire or draw from Your account credit, for the full amount You owe to DoLessons for the services provided by DoLessons, You agree that DoLessons may pursue any and all available remedies in order to enforce payment, including, but not limited to, immediate cancellation without notice to You of any service provided by DoLessons to You. You understand and agree that if Your payment by wire transfer is below the minimum amount for a service charge or purchase of product and services set forth on our web site – currently N50000 – DoLessons will charge You a processing fee, which is currently N15000. You agree that DoLessons reserves the right to charge You, by charging to the credit card or web-based payment service account You have on file with DoLessons or by sending You an invoice, additional service fees for administrative services above and beyond the scope of customer service issues ordinarily and reasonably handled by email, or for handling disputes that require legal services. You understand and agree that DoLessons has no obligation to commence services to You until we receive and successfully process Your payment.
User
Means someone using dolessons.com
Term of Agreement.
The term of this Agreement shall continue in full force and effect as long as You have any customer account with DoLessons.
Term of Service; Renewal of Services.
Unless otherwise specified on our web site or herein, each DoLessons’ service is for a one-month initial term, and is renewable thereafter for successive, as set forth during the renewal process or on our web site. Any renewal of Your services with DoLessons is subject to our then-prevailing terms and conditions. You acknowledge and agree that the renewal price may be higher or lower than the price You paid for the then-current term of service. You acknowledge that it is Your sole responsibility to keep Your own records and to maintain Your own reminders regarding when Your services are set to expire. As a convenience to you, and not as a binding commitment, DoLessons may notify You via an email message or via Your account when renewal fees are due. If for any reason You do not complete timely payment of fees in connection with Your renewal transaction, Your services will expire or be cancelled. If You select automatic renewal of Your services, DoLessons may attempt to renew the services a reasonable time before expiration, for a term equivalent to Your original registration, at our then-current prices, provided Your payment information is available and up to date. If, for any reason whatsoever, DoLessons is unable to successfully process any automatic renewal transaction, and You fail to remedy the problem, Your services will expire. You agree that You are solely responsible for the payment information You provide to DoLessons and must promptly notify DoLessons of any changes or updates to Your payment information (e.g., change of expiration date or account number). You acknowledge that DoLessons is not required to, but that we may, contact You to update Your payment information in the event that an attempted transaction is not processed successfully. You understand and agree that DoLessons accepts no responsibility and shall have no liability to You or any third party in connection with the renewal of services, including, but not limited to, any failure or errors in renewing such services, or losses or damages related to any cancellation, discontinuation, expiration, or termination of services as a result of such failures or errors in renewing such services. You understand and agree that You bear the sole responsibility of renewing Your services with DoLessons by logging on to Your DoLessons’ account and completing the renewal process, or by taking whatever actions are required or requested by DoLessons in order to complete the renewal process.
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2. Services Offered by DoLessons
2.1 DoLessons provides an online service, in accordance with and subject to, the terms and conditions of this Agreement, whereby ("Services"):
- Private Lesson: slow learners who are interested in having a private teacher to come and teach them at home.
- Teachers Recruitment: recruitment of professional teachers for private and public institutions.
- Teachers Training: we train teachers to be competent in their subject areas.
- Practice Test: we deliver a platform for online test exams, to enable students practice for the real exams
- Advertisement: our system enables schools and organizations advertise here by creating a profile for users to view and locate them
- Book/educational materials: we sell original books to users.
- General Services: other services that are in line with DoLessons’ business objectives
Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.You may discontinue your use of any Service at any time by removing the relevant code from your Properties.
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3. Creating a User Account to Use the Services
3.1 Creating a User Account
- You agree to create a User Account with DoLessons in order to use the Services.
- Your User Account will be created using DoLessons’ online sign up process, or any other method specified by DoLessons from time to time.
- You agree to wait for seven (7) days after payment for a teacher to be sent to you and ten (10) days for your online purchase items to be sent to you.
- Your User Account will permit you to login to dolessons.com to manage your User Account, make use of dolessons.com and to manage other details involving your relationship with DoLessons.
- You agree to keep confidential and secure any username or password used to access your User Account.
- You warrant that all information provided to DoLessons in the setup of your User Account is true and correct in every detail.
- All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to DoLessons that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times. If you do permit a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify DoLessons against any loss, cost, expense or damage it may suffer as a result of the same.
- You agree to only maintain one User Account in relation to your use of the Services and dolessons.com.
- You agree to provide DoLessons with all identification documents (including copies of passports and drivers licenses) which DoLessons requests from you from time to time for the purposes of verifying your identity.
Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
Accuracy of Information; Updating Information.
You agree to provide true, accurate, current, and complete information about You as required by the registration and/or application process ("Account Information"). You agree to maintain and update Your Account Information when purchasing services, in order to keep the information accurate, current, and complete. You agree to notify DoLessons within five (5) business days when there is a change to any of Your Account Information. You agree to respond within five (5) business days to any inquiries DoLessons may make to determine the validity of any information provided by You. You understand that Dolessons relies on the Account Information to send You important information and notices regarding Your account and our services. Failure by You for any reason to provide DoLessons with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information You provide, shall be considered a material breach of this Agreement.
3.2 Use of Your User Account and dolessons.com
You agree that you will only use your User Account and dolessons.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing dolessons.com, you will not:
10. breach the Rules;
11. resell or sublicense the use of dolessons.com or your User Account to any other person;
12. use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
13. use your User Account to stalk or harass another person;
14. use your User Account to impersonate any person in any way whatsoever;
15. use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
16. forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
17. use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
18. use your User Account in such a way which damages Dolessons.com or denies access to dolessons.com to other users of dolessons.com;
19. intentionally or recklessly use your User Account in a way that degrades the performance of Dolessons.com for other users; and
4.5 Conduct of Users
As a User, you may offer to hire a teacher for a private lesson billed monthly via dolessons.com. Your payment must be submitted via dolessons.com or via DoLessons Bank Account. In the case of teacher’s recruitment, your commitment fee payment will be made online via dolessons.com.
5.1 Legal Status of Agreeing to hire a private teacher
1. When a user agrees to hire a lesson teacher, the user will be legally bond on this terms specified by DoLessons.
2. A payment for lesson made on DoLessons, subject catalog is binding and irrevocable on DoLessons.
3. DoLessons is not responsible for any loss, damages or claims of any kind in the cause of conducting lesson in the user’s home.
4. DoLessons is not liable for any refund, if a user decides to reject a teacher sent to the user by DoLessons, there will be no refund.
5.2 Terms and Conditions Between DoLessons and her Teachers
All DoLessons’ teachers are bond by this terms and conditions contained in dolessons.com. No teacher is permitted to conduct business transaction of any kind with the users of dolessons.com. Doing so will amount to contravention of this agreement.
1. No teacher is permitted to conduct business transaction of any kind with the users of Dolessons.com. Doing so will amount to contravention of this agreement.
2. Teachers will be paid enumeration of 55 per cent of the total cost of each of the Lesson fee they are teaching, this is subject to a review that will be determine by DoLessons. Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts deducted from act of indiscipline, penalty for misconduct, damage caused by you, failure to meet Lessons schedule or complain from Users and any amounts arising from invalid activity, as determined by DoLessons in its sole discretion. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
3. DoLessons reserve the right to change this enumeration without any written notice to the Teacher
4. No teacher is permitted to collect money from the Dolessons.com users on behalf of DoLessons.
5. You acknowledge that in using or agreeing to the Dolessons.com, you must not fail to attend lessons and carried out lessons as scheduled periodically.
6. That failure to show up for lesson will terminate your appointment with
7. DoLessons and amount to a forfeiture of your enumeration with DoLessons.
Lesson Terms as the terms and conditions governing the private lesson:
8. The Default Lesson Terms have merely been provided by DoLessons to enable Teachers efficiently agree on the terms and conditions of the lesson without resort to significant negotiation. Consequently the Default lesson Terms may not be appropriate or suitable to the lesson of any particular subject;
9. Teachers must be present for lesson on time without missing any.
10. Teachers must conduct themselves in a professional manner.
11. Teachers must not conduct any transaction of any type with the user.
12. Teachers must keep to time and must not exceed the stipulated time set by Dolessons.com.
13. Teachers must teach only the topics contained in the curricular on Dolessons.com with respect to the student’s class.
14. Teachers must not sell learning materials of any kind to the user.
15. Teachers must not build unethical relationships with DoLessons’ users
You acknowledge and agree that:
- DoLessons is not liable to any claim by teachers or users;
- Teachers do not conduct transaction or receive payment on behalf of DoLessons. All payment are done online via Dolessons.com;
- DoLessons does not refund money after payment.
- DoLessons and its teachers are not responsible in any way for the compliance by each user with the lesson Agreement. DoLessons does not guarantee and cannot be responsible for any teacher’s conduct during lessons.
- DoLessons merely provides the avenue and medium (being Dolessons.com) by which users may get quality teachers to teach them in their comfort at home.
- Teachers must teach only the topics contained in the curricular on dolessons.com with respect to the student’s class.
- Teachers will not disclose any personal information of the users.
2.You agree that DoLessons is an independent service provider to you and is not the employee, agent, partner, joint venture or subcontractor of any teacher in relation to the delivering lessons.
You agree that you do not have the power to bind DoLessons in relation to any obligation owing to a third party. You agree that by using the Services that DoLessons, in providing the Services and your access to dolessons.com, is providing a platform for you to be introduced to other users. DoLessons is not a party to any transaction or agreement between any teachers and users and is not responsible for any act or omission of any type
4. Online Store Merchant
8.1 Selling on DoLessons by Independent Sellers
When you, as a Seller, register and Signs Up to sell your products on DoLessons’ Store or DoLessons’ page, you:
1. You will take responsibility for any damage, dysfunction, and malfunction of your product.
2.You agree to 5 per cent commission deduction from each item/product sold via DoLessons
3. You agree to bear the shipping cost and every other logistics required to timely deliver your products/services to paid buyers.
4. You shall send product to buyers immediately after payment confirmation by DoLessons
5. You shall treat buyers’ queries and complains with seriousness in view of resolving any dissatisfaction they may have about your product or services.
6. You shall exchange products for others where they need exchange and refund them where refund is desired by the buyer
7. You shall not send damage, bad malfunctioned product to buyers, all products must be in good shape.
8. You shall not deceive buyers with deceptive information about your product, you shall provide the right information regarding your product listing
9. You shall be sole responsible for you product listing, Account dashboard and other personal details
10. You shall not be offensive to buyer/users in any way.
The user permits DoLessons to automatically deduct the fees from credit card or Paypal in the event that the user has activated a recurrent billing in the payment page of Dolessons.com
Advertising on DoLessons Placing you Ad on DoLessons.com
When you, as a user, register and Signs Up and place an Ad on DoLessons, to advertise your product or services:
1. You agree not to place offensive Ad, or information that may seem offensive to other DoLessons.com users.
2. You agree to make up-front payment for you Ads
3. Where you activate Auto-billing, you agree that your payment information will be charged ahead until you cancel your auto-billing
4. You agree that you Ad will last on DoLessons.com the period payment is covered, billed monthly.
5. You agree that DoLessons is not responsible to your Ad, images, pictures, logo and other copyrighted document and content, and that DoLessons does not design, edit or develop Ad on your behalf.
2. Payments
8.1 Fees payable by a user
When you, as a user, register for a lesson, you:
1. Will pay an up-front Fee with respect to the lesson.
2. Agree that in the event you require DoLessons to recruit teachers on your behalf, you will pay a commitment Fee.
The user permits DoLessons to automatically deduct the fees from credit card or Paypal in the event that the user has activated a recurrent billing in the payment page of Dolessons.com
DoLessons’ Refunds
1. If an item you bought on DoLessons doesn’t arrive within 10 days or doesn't match the description, and your payment is eligible, we’ll reimburse the full cost of eligible purchases paid, including shipping costs. Products bought must be returned within three days you got them and must be in good form
2. If you paid for lessons and you don’t get a Teacher within 10 days, if you insist in getting your money back, we will make full refund, otherwise we shall get you a smart Teacher.
3. Suspension of The Services
Without limiting DoLessons’ other rights arising under this Agreement, DoLessons may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
- DoLessons considers that you have breached any of your obligations to DoLessons under this Agreement;
- DoLessons considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to DoLessons;
- you are using your User Account or the Services for illegal or fraudulent means or in a manner which DoLessons in its sole discretion considers offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- you are using your User Account or the Services for illegal or fraudulent means or in a manner which DoLessons in its sole discretion considers offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- in DoLessons’ sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on DoLessons’ servers or DoLessons’ other services;
10.2 You agree:
1. DoLessons may suspend the Services where permitted at any time including without limitation, during or after a lessons
2. DoLessons’ suspension of the Services may, in DoLessons’ sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time; and
3. DoLessons may in its sole discretion reactivate the Services and your User Account for you at any time following suspension.
10.3 For the avoidance of doubt, you may not make withdrawals of, or spend any DoLessons payment during any period of suspension of your User Account. Further DoLessons may in its discretion retain the balance of all DoLessons payment in your account towards compensating DoLessons for any loss and damage it may have suffered as a result of your breach of this Agreement which lead to the User Account suspension.
10.4 During a suspension of your User Account, any lesson will be suspended or terminated (as determined by us in our sole and absolute discretion).
4. Privacy
11.1 DoLessons will collect your personal information including your name, contact details and payment details (including, without limitation, credit card details) ("Personal Information"). All Personal Information will be handled, used, maintained and disclosed by DoLessons in accordance with all applicable privacy laws and data protection laws as well as its privacy policy which applies from time to time.
11.2 You agree that you will only use the Personal Information of other users for the purposes of this Agreement and for the purposes of interacting with them in relation to the lesson.
You warrant to DoLessons and its teachers that you will comply with all privacy laws and data protection laws (including, without limitation, the Nigerian Privacy) in relation to the storage, use and transfer of Personal Information.
5. YOUR GENERAL OBLIGATIONS
You agree that:
12.1you will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in teaching or learning;
12.2you will comply with all laws which must be complied with in relation to a lessons.
12.3 you warrant that you will not, by engaging DoLessons to provide the Services, place DoLessons in breach of any law or obligation owing to a third party;
12.4 you will not undertake any act or cause any omission which will bring DoLessons, its brand and users into disrepute;
12.5 you will not use the Services in a manner that may lead to the suspension of the Services under; and
12.6 you will provide DoLessons with all information requested by DoLessons which DoLessons requires to provide the Services.
Account Security.
To access or use DoLessons’ services or to modify Your account, You may be required to establish an account and obtain a user name, account ID and/or number, and/or password. You authorize DoLessons to process any and all account transactions initiated through the use of Your password or other account information. You agree that You are solely responsible for maintaining the confidentiality of Your password and account information. You agree to immediately notify DoLessons of any unauthorized use of Your password and/or Your account, or any other breach of security. You agree to participate in any and all security features made available to You by DoLessons, including but not limited to Secret Questions, locking features, or other security mechanisms, by providing complete, accurate, and truthful information. You agree that, if You participate in a security mechanism that results in a charge, fee, and/or liability imposed by a third party (e.g., text messaging charges from a mobile telephone provider resulting from the use of DoLessons Account Lock Feature), You are solely responsible for such charges, fees, and/or liabilities. You also agree that You are solely responsible for any and all charges, liabilities, and/or activities that occur on Your account, whether initiated by You, by others on Your behalf, or unauthorized, or by any other means. You agree that in no event shall DoLessons be liable for any loss whatsoever that You may incur as a result of someone else using Your password, account, and/or account information, either with or without Your knowledge or consent. You further agree that You could be held liable for any losses incurred by DoLessons or another party due to someone else using Your password, account, or account information. DoLessons specifically disclaims any liability for any activity occurring on Your account, whether authorized by You or not. You agree that DoLessons may log off, delete, disable, or deactivate any account that is inactive for an extended period of time. You understand and agree that, if You or any third party acting on Your behalf requests to have the email address associated with Your DoLessons account reset by DoLessons staff, You will pay DoLessons the applicable fee as stated on our web site.
Intellectual Property.
Except as otherwise set forth herein, You agree that all rights, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, and software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the DoLessons’ services identified herein ("DoLessons Intellectual Property Rights") are owned by DoLessons or its licensors, and you agree to make no claim of interest in or ownership of any such DoLessons Intellectual Property Rights. You acknowledge that no title to the DoLessons Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in DoLessons’ or its licensors’ services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by DoLessons and all right, title and interest in and to each such Derivative Work shall automatically vest in DoLessons. DoLessons shall have no obligation to grant you any right in any such Derivative Work.
6. Term and Termination
You agree that:
13.1 This Agreement will commence on the date that you first create a User Account with DoLessons and will terminate at the later of the date that:
1.the User Account is terminated or closed; or
2.you otherwise permanently cease using the Services.
13.2 If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.
13.3 This Agreement and your User Account may be terminated by DoLessons at any time for any reason whatsoever with or without notice to you.
13.4 This Agreement may be terminated by DoLessons immediately on written notice to you:
1.if you are in default or breach of this Agreement; and
2.DoLessons has provided you with 24 hours written notice of the default or breach and where the breach or default is capable of rectification, you fail to rectify the breach or default within the period of the notice;
13.5 Upon the termination of this Agreement:
1.any lesson which you have registered on Dolessons.com will instantly terminate;
2.DoLessons will, within a time period determined by DoLessons, withdraw the use of the Services from you;
7. 14. Limitation of Liability And Implied Terms
14.1 You acknowledge that DoLessons and its teachers have made no warranties that the Services will be continuous or error free.
14.2 Not used.
14.3 You acknowledge and agree that DoLessons and her Teachers shall have no liability or responsibility to you whatsoever for any unauthorized withdrawals or unauthorized spend of on Dolessons.com, including where such spend arises from:
1.any of the events described in Dolessons.com; or
2.any unauthorized use or access of your User Account or Dolessons.com.
14.4 You acknowledge and agree that DoLessons and her teachers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by DoLessons under this Agreement.
14.5 you agree that DoLessons and her teachers will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, DoLessons or her teachers
14.6 The maximum aggregate liability of DoLessons under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to DoLessons.
14.7 If the analogous legislation applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation in Nigeria, the liability of DoLessons is limited, at the option of DoLessons, to:
1.in the case of lessons, any one or more of the following:
2.the replacement of the teachers or the delivery of lessons;
3.the replacement of the teachers;
4.in the case of services:
1.the supplying of the teachers again; or
2.the payment of the cost of having the teacher(s) changed.
14.8 Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of DoLessons will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
8. 15. Indemnity
You indemnify DoLessons, its agents, officers, employees, and Teachers ("Indemnified") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified suffer or incur as a direct or indirect result of:
1. any breach by you of any representation, warranty or term of this Agreement;
2. any acts or omissions by you which are described in the clause in this agreement ;
3. any breach by you of your obligations to a third party, including another users;
4. any infringement by you of the rights of a third party including Intellectual Property Rights; and
5. any legal proceedings threatened or initiated against DoLessons by a third party as a result of the events described in the clause above.
9. 16. Intellectual Property
16.1 You acknowledge that DoLessons is the owner of all Intellectual Property Rights which subsist in your User Account and Dolessons.com. You acknowledge that you have no Intellectual Property Rights in your User Account or in Dolessons.com.
16.2 You acknowledge and agree that DoLessons will not be liable or responsible for any breach by a Teachers or users of any Intellectual Property Rights or other rights held by a third party in relation to the lessons.
16.3 You hereby grant DoLessons a royalty free, irrevocable, worldwide, perpetual license to display and use the contents of your Account on Dolessons.com, including any excerpts from your information which are contained in your Account.
Representations & Warranties.
You agree and warrant that: (i) You have all requisite power and authority to execute this Agreement and to perform Your obligations hereunder; (ii) You are of legal age to enter into this Agreement, or You are at least thirteen (13) years of age and have Your parents’ permission to apply for services hereunder; (iii) neither Your registration, application, and/or transaction request, nor use of any of DoLessons’ services, nor the manner in which You intend to use DoLessons’ services will directly or indirectly infringe the legal rights of a third party; and, (iv) You agree to comply with all applicable laws and regulations. You further agree that DoLessons shall not be bound by any representations made by any third party who You may use to obtain services from DoLessons. You understand and agree that any statements of a general nature which appear in DoLessons promotional materials, including but not limited to its web site, emails, account notices, or advertisements, shall not bind DoLessons.
10. 17. Force Majeure
17.1 You agree that DoLessons and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in DoLessons complying with its obligations under this Agreement, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:
1.fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
2.denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
3.a significant demand is placed on DoLessons’ services which is above the usual level of demand and which results in a failure of DoLessons software and hardware to function correctly;
4.the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to DoLessons; or
5.any other circumstances or events which are beyond the reasonable control of DoLessons or the Third Party Provider (as the case may be).
11.Confidentiality
12.
You agree not to disclose DoLessons Confidential Information without our prior written consent. "DoLessons Confidential Information" includes: (a) all DoLessons software, technology and documentation relating to the Services; (b) other statistics relating to Property performance as pertaining to the Services; (c) the existence of, and information about features in a Service; and (d) any other information made available by DoLessons that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. DoLessons Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you or that was lawfully given to you by a third party
13. 18. Miscellaneous
18.1DoLessons may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to you ("Amendment Date"). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or Dolessons.com after the Amendment Date.
18.2 Unless otherwise requested in writing by you, DoLessons may use your corporate identity (if applicable) as part of promoting the Services and DoLessons in the market place.
18.3 Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
1.in the case of a notice delivered by hand, when so delivered;
2.in the case of a notice sent by pre paid post, on the third day after the date of posting;
3.in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that the facsimile has been successfully sent; or
4.in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient's email server that the email has been received by the recipient.
18.4 This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
18.5 A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
18.6 If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
18.7 DoLessons may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of DoLessons (which may be withheld).
18.8 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
18.9 This agreement is governed by, and must be construed in accordance with, the laws of Nigeria, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Nigeria and her Courts of Appeal.
Disclaimer of Warranties.
You agree that the use of our services is solely at Your own risk, and that our services are provided on an "as is" and "as available" basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE CORRECTNESS, ACCURACY OR RELIABILTY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE USE OF OUR SERVICES OR THROUGH ANY TRANSACTION ENTERED THROUGH THE USE OF OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED, ACCESSED, OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR ADVICE YOU OBTAIN FROM US OR THROUGH THE USE OF OUR SERVICES DOES NOT CREATE ANY WARRANTY AND THAT YOU MAY NOT RELY ON SUCH INFORMATION AND ADVICE.
Modification
You agree that, during the term of this Agreement, DoLessons may (1) revise the terms and conditions of this Agreement from time to time; and/or, (2) change the services it provides under this Agreement at any time. You agree to be bound by any such changes and revisions when such changes become effective. Any such changes or revisions shall become binding and effective thirty (30) days after posting of the revised Agreement on our web site or change to the services on our web site. You agree to periodically review our web site to make Yourself aware of any such revisions or changes. If You do not agree with any revision or change to this Agreement, You may terminate this Agreement at any time by providing us with written notice, and You agree that any fees paid by You to DoLessons are non-refundable and ineligible for credit.
Assignment & Resale.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, or otherwise, renders this Agreement voidable at DoLessons’ discretion.
Offensive, Provocative, and Defamatory Content
You understand and agree that You will not use DoLessons’ website, blog, forums, or profiles for personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, and/or illegal activities. Any material You post and/or works You create on DoLessons’ website (hereafter referred to as "Content") may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, and/or objectionable.
DoLessons reserves the right to: terminate or restrict access to a user's DoLessons account, delete any Content posted without notice to You, and/or remove or edit Your Content and DoLessons accounts containing Content determined, in DoLessons’ sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, and/or violating any party's intellectual property. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DoLessons’ user, customer, employee, member, or officer will result in immediate DoLessons account termination.
Promotional Content
Promoting a business, product, or service is permitted, but only if the promotional Content is valuable for DoLessons users and is relevant to the discussion. Whether promotional Content is valuable or not is entirely at DoLessons’ sole discretion. DoLessons reserves the right to remove any link determined to be worthless to the discussion without further notice or warning.
Please visibly disclose any commercial relationship You have with the promoted business, product or service. This includes, but is not limited to: payment, reciprocal advertising agreements, conflicts of interest, and/or other non-consumer relationships.
Content Ownership
By posting or contributing Content on DoLessons’ website, blog, forums, and/or profiles, You are granting DoLessons a non-exclusive, royalty-free, perpetual, and worldwide license to use Your Content and hidden electronic data, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content, and/or to incorporate it into a collective work.
Restrictions on Use.
You agree to assume full and complete responsibility for, and agree that DoLessons shall have no responsibility or liability for, providing, updating, uploading, controlling and/or maintaining Your web site and its content, including but not limited to any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to.You further agree to assume full and complete responsibility for, and agree that DoLessons shall have no responsibility or liability for, Your end users’ content and all activities on Your account.
Additional Warranty Disclaimers And Limitations of Liability.
DOLESSONS IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA, AND THE TRUTH, ACCURACY, AND LEGALITY OF SUCH DATA, TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR ACCOUNT SERVICES PROVIDED BY DOLESSONS. YOU AGREE THAT DOLESSONS SHALL HAVE NO LIABILITY TO YOU DUE TO ANY CORRECTIVE ACTION TAKEN BY DOLESSONS IN RESPONSE TO YOU ACTIONS OR FAILURES TO ACT.
You understand and agree that DoLessons shall have no obligation to back-up any data related to Your account or its Content.
Cancellation of order
Dolessons.com reserves the right to cancel any order without any explanation for doing so, under situation where Dolessons.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Dolessons.com policy or for any reason. However, Dolessons.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Delivery of Services
DoLessons will use reasonable diligence in rendering the Services offered to the Seller, which include the following: - Online storefront tailored to the Seller with payment gateway and escrow service at Dolessons.com ; - Access to dashboard and other account management systems; - Access to a dedicated account officer and other account management services; - Access to logistics partners; - Provision of analytics; - E-marketing, and other marketing services as available and appropriate. DoLessons may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services. DoLessons reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion. The Seller agrees to use reasonable diligence in providing DoLessons with genuine products, up-to-date product quantity information and accurate product information.
Independent Contractor
DoLessons shall be deemed as an independent contractor. DoLessons will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on DoLessons’ behalf. DoLessons is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. DoLessons understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. DoLessons reserves the right to alter these terms and conditions at any point without notice, by updating the content on the DoLessons website.
Termination of Contract
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party. DoLessons has the right to evict the Seller from DoLessons if any, or a combination, of the following breaches are committed: - Fails to make a product that has been sold on DoLessons Mall available for delivery within three (3) business days after it was supposed to be available for delivery; - Provides fake, inferior or substandard products that have been sold as genuine; - Provides used, refurbished or damaged products that has been sold as new or unused; - Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC - Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading; - Engages in any activity that brings DoLessons, or any of DoLessons’s partners or other mall vendors into disrepute.
Policy on Counterfeit, Refurbished and Unauthorized Products on DoLessons Mall
DoLessons is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the DoLessons Mall are held to the same high standards. DoLessons Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by DoLessons to have sold inauthentic or otherwise unauthorized goods, DoLessons may suspend or terminate the merchant's ability to sell on DoLessons immediately and without warning, and current and future payments held by DoLessons on the merchant’s behalf may be forfeited and withheld in accordance with Dolessons.com 's Authentic Items Policy.
Indemnity
You agree to indemnify and defend DoLessons, its affiliates, agents and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by DoLessons, your use of the Services or your breach of any term of the Agreement. DoLessons advertisers are third-party beneficiaries of this indemnity.