Current as of the 1st October 2024
Terms and Conditions
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By accessing our website, you are agreeing to be bound by these terms of service, and agree that you are responsible for compliance with any applicable local laws.
IMO VARSITY IS A PRODUCT OF SMART LEARNING UNDER SMARTSAFE
- ACCOUNT
- DATE COLLECTION
- INSTRUCTORS OBLIGATIONS
- STUDENTS’ OBLIGATION / CONTENT ENROLLMENT
- SAFETY POLICIES
- INDEMNITY
- DELETING YOUR ACCOUNT
- SUSPENSION
- RIGHTS AND LIABILITIES OF PARTIES
- REVENUE SHARE
- REQUEST FOR PAYMENT
- CURRENCY
- GOVERNINIG LAW
- DISPUTE RESOLUTION
- UPDATE OF TERMS
- LEGAL ACTIONS AND NOTICES
ACCOUNT
- ⦁ To operate on this platform, you need an account – an instructor or student’s account.
- ⦁ You must be an adult, at least 18 years of age before you can open an account.
- ⦁ To set up your account, you agree to provide your bio data information which includes but not limited to First Name, Middle Name, Last Name, Nationality, Religion, Telephone Number, Valid Email Address, etc.
- ⦁ When you create an account you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
- ⦁ It is your responsibility to keep safe the log in details of your account and you are solely responsible for everything that happens on/with the account, or any harm/damage to us or third party/anyone else caused by using your account without your permission.
- ⦁ Your log in details is personal to you alone and you shall not share to anybody.
- ⦁ You shall immediately notify us upon knowing that your log in details has been breached and someone else is using your account.
- ⦁ In the event of death of a user, the account will be closed.
- ⦁ If you breach any of the terms above/below, or conditions incidental/precedent/ancillary, your account will be terminated
- ⦁ Any violation of our Terms, applicable laws or policies may result in your access to all or part of the services being suspended, disabled, or terminated.
- ⦁ We reserve the sole right to either approve/refuse your application to open an account for any/no reason at all without any limitation of time.
- ⦁ We reserve the right to take steps to verify your identity or request additional information, documentation or content in furtherance of same either before or after the account has been created.
DATA COLLECTION
- ⦁ We use cookies, which are small text files stored by your browser, to collect, store, and share data about your activities across websites. They allow us to remember things about your visits, your preferred language, and to make the site easier to us, to process payments, to communicate with you, to tailor relevant advertisements, improve our services and operations.
INSTRUCTOR’S OBLIGATIONS
- ⦁ You are solely responsible for all submitted contents, lectures, course materials, articles, resource, practice test, assignment, etc
- ⦁ You will ensure that your contents provide accurate information and information supplied for your account are accurate
- ⦁ You will ensure that your submitted contents will not infringe on any third party’s right.
- ⦁ You will ensure that your submitted contents complies with the extant laws on Intellectual property, trademark, etc
- ⦁ You warrant that you have the requisite qualifications, credentials, expertise, education, training, knowledge and skill set to offer and teach the services which you created an instructor’s account for, and in an event this is false you shall be personal liable and agree to indemnify us for any liability.
- ⦁ You shall ensure that the quality of your course contents is in line with relevant standards and ethical conducts of your profession or industry.
- ⦁ You shall not post any untrue, misleading, incorrect unlawful, illegal, defamatory or libelous contents/information.
- ⦁ You shall not use your account other than for instructional services to students, and you shall maintain the highest legal, professional, and ethical standards in the course of providing instructional services to students.
- ⦁ You shall not engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- ⦁ You shall frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- ⦁ You shall not impersonate another person or gain unauthorized access to another person's account;
- ⦁ You shall not interfere with or otherwise prevent other instructors from providing their services or content;
- ⦁ You are solely responsible for the breach of any conditions precedent or ancillary to your obligations here or elsewhere in this terms.
- ⦁ When you publish any content, you automatically agree for us to make same available for students for enrollment
STUDENTS’ OBLIGATION / CONTENT ENROLLMENT
- ⦁ You warrant that the information supplied to create your account are true, and in an event this is false, you shall be personally liable and agree to indemnify us for any liability.
- ⦁ You can enroll for any course/content published, upon payment of the requisite fee(s).
- ⦁ Upon enrollment for any of the course, you are entitled to view, participate, learn and finish the course via the platform alone
- ⦁ Upon the conclusion of a course, you are entitled to a certificate
- ⦁ All courses are solely for personal and educational purposes.
- ⦁ Enrollment for any course are personal to you and non-transferable to anybody or any other student.
- ⦁ Where a course / content is about to be deleted, students who have enrolled for the course will be duly given a 30-90days’ notice period to conclude learning, and If not completed within the stipulated timeframe, there will be no refund.
- ⦁ In the process of learning, you agree to maintain the best professional and ethical conduct.
- ⦁ Payments made for a course are peculiar to that course alone, hence, refunds are not possible neither are payments transferable to another course.
- ⦁ The platform reserves the right to delete any Course that violates any of the terms and conditions or the governing law with a view to upholding best standard practice. However, students shall be duly notified to fast track their learning before such course become unavailable and in an unusual event where such course immediately becomes unavailable, the platform will provide the student with an alternative the student on another related course / worth for the student. (within 30-90days)
- ⦁ We reserve the right to delete your account without recourse to refund, whenever you breach any of the terms and conditions.
- ⦁ We reserve the right to interrupt, reschedule or modify any contents.
SAFETY POLICIES
We reserve the right to remove content, suspend payments, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- ⦁ An instructor or content does not comply with our terms
- ⦁ Content falls below our quality standards or has a negative impact on the student experience;
- ⦁ An instructor engages in behavior that might reflect unfavorably on the platform or brings it into public disrepute, contempt, scandal, or ridicule;
- ⦁ an instructor engages the services of a marketer or other business partner who violates our terms;
- ⦁ An instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates our terms.
- ⦁ As determined by us in our sole discretion.
INDEMNITY
- ⦁ You agree to indemnify the platform against any damages, liability, action, expenses – including legal representation fees from any third party arising from any content you post or submit, the usage of your account or any of the service(s) on the platform, or the violation of the right(s) of student(s)/any third party or terms of use of this platform.
- ⦁ The Instructor agrees to indemnify the Client and keep it indemnified at all times against all or any costs, claims, damages or expenses incurred by the Client, or for which the Client may become liable due to any defect in the Services supplied by the Instructor to the Client.
- ⦁ Your indemnification obligation survives the termination of these terms and your use of the services.
DELETING YOUR ACCOUNT
- ⦁ Your account can be deleted, at any time, either by you or the platform, after a 30 days’ notice.
- ⦁ Upon the deletion of your account, you have 30 days to appeal
- ⦁ Your right of appeal is lost upon the failure to kick start the appeal process within the stipulated timeframe.
- ⦁ Where students have enrolled and duly paid for any of your course/contents, such will be available and remain accessible to that student(s) to finish learning, even after your account has been deleted.
SUSPENSION
- ⦁ Your account can be suspended, at any time, either by you or the platform, after a 30 days’ notice
- ⦁ We reserve the sole right to suspend your account upon receive of any complaint or upon the breach / suspicion of breach with our terms and condition.
- ⦁ Upon the suspension of your account your course and contents will still be available and remain accessible only to students that have enrolled to finish learning.
- ⦁ Upon the suspension of your account, failure to kick start the appeal process will lead to an automatic deletion of your account.
- ⦁ Appeal can be anytime but must be done within 12 months.
RIGHTS AND LIABILITIES OF PARTIES
- ⦁ Termination of this agreement shall not prejudice or affect the accrued rights or claims and liabilities of the parties.
When a student purchases any of your content, the revenue will be shared:
- ⦁ 70% for the instructor
- ⦁ 25% for the Platform
- ⦁ 5% reserved for student’s referral payout
REQUEST FOR PAYMENT
- ⦁ Request for payment will be processed and paid within 30 business days – Saturdays, Sundays, Public Holidays, bug or delay from payment gateway exempted.
- ⦁ When your account has been suspended, your Finance Wallet will be placed on hold and inaccessible and all pending request for payment placed on hold, until the suspension has been lifted / reversed.
- ⦁ When your account has been suspended then deleted or was deleted out rightly, all payments and payouts are immediately cancelled and lost.
CURRENCY
- ⦁ The currency for transacting our services is the United State Dollar- USD - $
GOVERNINIG LAW
- ⦁ This terms and conditions shall be governed by and construed in accordance with the Laws of London – United Kingdom.
DISPUTE RESOLUTION
- ⦁ No action shall be instituted in Court unless the conditions for Amicable Dispute Resolution, Mediation and Arbitration has been duly complied with.
- Amicable Dispute Resolution:⦁ If any dispute arises out of or in connection with this Agreement, representatives of the Parties with authority to settle the dispute will, within 30 – 60 days of a written request from one Party to the other, meet in a good faith effort to resolve the dispute. If the dispute is not resolved at that meeting, the Parties shall take steps to further resolve it by mediation below
- Mediation:⦁ Unless otherwise agreed between the Parties or stated in this agreement, the Parties shall attempt to agree upon a neutral mediator from a panel list drawn up by both parties. When the mediator has been appointed on his terms and conditions of engagement, either Party can initiate the mediation by giving the other Party a notice in writing requesting a start to the mediation. The mediation will start not later than 21 days after the date of the notice. All negotiations or discussions carried out in the mediation shall be confidential and are not to be referred to in any concurrent or subsequent proceedings, unless they conclude with a written legally binding agreement. If the Parties accept the mediator’s recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be recorded in writing and, once signed by the designated representatives, shall be binding on the Parties. The Parties will bear their own costs of preparing and submitting evidence to the mediator. The costs of the mediation and of the mediator’s services shall be borne equally between the Parties unless otherwise agreed and recorded in accordance with this agreement. No Party may commence an arbitration of any dispute relating to this Agreement until it has attempted to settle the dispute with the other Party by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided, however, that either Party may commence arbitration if the dispute has not been settled within 90 days of the giving of the notice of mediation under this agreement.
- Arbitration:⦁ If mediation fails then the Parties will attempt jointly to make a written record of those matters (if any) relating to the dispute which have been agreed to by them, for submission in any later arbitration. Upon the close of mediation or expiration of ninety (90) days from the date notice to mediate is given to the other party (whether or not mediation has been concluded), either party shall be at liberty to commence arbitration by given notice of arbitration to the other party. The arbitration shall be presided over by a single arbitrator to be jointly appointed by the parties. The decision of the arbitrator shall be final and binding and the parties undertake to perform same immediately. The language of the arbitration shall be English language.
UPDATE OF TERMS
- ⦁ We reserve the sole right to update/modify/makes changes to these terms and conditions to reflect best practices or add new features, at any time, and same becomes effective on the day posted, except otherwise stated.
- ⦁ You will be duly notified of any of such update, modification, and changes so made by posting a notice through our platform
- ⦁ Your continued use of our services after changes becomes effective means you accept same.
- ⦁ Any revised terms supersedes all previous terms.
LEGAL ACTIONS AND NOTICES
- ⦁ No action shall arise out of this agreement after one year from which the cause of action has accrued, except where this limitation cannot be imposed by Law.
- ⦁ Any notice or other communication to be given hereunder will be in writing and sent to the registered office/email address