1. Definitions and Interpretation
1.1 Definitions
For the purposes of this Agreement, unless the context otherwise requires:“Agreement” means these Terms and Conditions.“Account or Student Account” means an account created by the Student for the purpose of the Programme by AltSchool Africa.“Course Fees” means the tuition payable by the Student.“Event of Default” shall have the meaning ascribed to it in clause 10.“Parties” means the Student and AltSchool collectively.“Personal Data” means any information about the student provided to us by you or in the use of our Site and services such as your name, email address, physical address, password, billing and payment information. This includes non-personal information like the domain name of your internet service provider, your geographical location, operating system and other relevant statistics.“Privacy Policy” means our privacy policy available on the Site, which sets out the manner in which personal data we collect from you, or you provide to us, will be used and processed by us.“Site” means AltSchool website where the Programme by AltSchool Africa will be offered.1.2 Interpretations
All headings in this Agreement are for convenience only and shall not be used in the interpretation. Unless this Agreement indicates a contrary intention.1.2.1 the singular shall include the plural and vice versa.1.2.2 a reference to any one gender shall be capable of being construed as a reference of any of the others.1.2.3 words or phrases defined in this Agreement shall have the meanings assigned to them.2 Acceptance of Terms and Conditions
2.1. By ticking the “I agree to the Terms and Conditions”, on the Site, which you hereby adopt as your electronic signature, you accept to be bound by the Terms and Conditions provided in this Agreement, and you agree to the following:2.1.1 You hereby expressly consent and authorise AltSchool and/or any of our duly authorised agents to have you enrolled for the Programme by AltSchool Africa;2.1.2 You consent to us transferring your data to third parties in foreign countries to process such data, in so far as such transfer is required for the performance of our obligations to you under this Agreement;2.1.3 We can provide materials and other information about your legal rights and duties to you electronically;2.1.4 We can send all important communications, reminders (collectively referred to as “Notifications”) to you electronically via our Site or to an email address you have provided us with;2.1.5 We are authorised to share, receive and use your data/information;2.1.6 We can alert you when Notifications are available, by sending you an electronic communication; and2.1.7 By consenting, the electronic Notifications shall have the same meaning and effect as if we provided paper Notifications to you. When we send you an email alerting you that Notifications are available to you, such electronic Notifications shall have the same effect as paper Notifications whether or not you chose to view the Notifications, unless you had previously withdrawn your consent to receive electronic Notifications.3 Student Account
3.1 In order to access our services, you must set up an Account on the Site wherein you shall provide us with all requested information about you. By providing us with information about you, you represent and warrant that you have the authority to legally bind the entity and grant us all permissions and licenses to perform our obligations as provided in these Terms and Conditions.3.2 In Our services, can only be utilised by persons over the age of 18 (eighteen). AltSchool reserves the right to verify the authenticity of any accounts created on the Site.3.3 You must provide us with accurate, current and complete information at all times during the application process.3.4 To be enrolled for the Programme by AltSchool Africa, you agree and acknowledge the following:3.4.1 You have the capacity to undertake the Programme by AltSchool Africa;3.4.2 You shall provide us with all information as may be requested by us for the creation of a Student Account;3.4.3 You represent and warrant that all student information you provide to us is correct, accurate, and complete;4 The Student’s Obligations
The Student shall:4.1. adhere to general code of conduct as prescribed by AltSchool;4.2. pay the requisite Course Fee upon acceptance of the admission offer;4.3. not make copies or reselling, donating or transferring of the course content to third parties;4.4. participate in all trainings, assignments and projects assigned by AltSchool or any of our duly authorised agents;4.5. notify AltSchool of any intention to withdraw from the Programme by AltSchool Africa;4.6. notify AltSchool of any intention to defer the Student’s admission into the Programme by AltSchool Africa;4.7. be responsible for the provision of all devices needed to effectively participate in the Programme by AltSchool Africa such as laptops, internet access etc;4.8. timely inform AltSchool of any circumstances that may prevent it from fulfilling its obligations under this Agreement;4.9. be available for discussions with AltSchool to resolve issues that may arise, when necessary;4.10. fully cooperate with AltSchool to carry out its obligations under these Terms and Conditions; and4.11. perform such other responsibilities as may be reasonably necessary to fulfil its obligations under this Agreement.5. AltSchool Obligations
AltSchool shall:5.1. provide the course content and materials for the Students’ use;5.2. perform such other responsibilities as may be reasonably necessary to fulfil its obligations under this Agreement.6. Course Fees
Upon the acceptance of the admission offer, the student shall pay the Course Fees for the Programme by AltSchool Africa.7. Personal Information
7.1. You hereby consent and permit AltSchool to collect and use any personal information you provide to us or we collect from you, for the specific purpose of the Programme by AltSchool Africa.7.2. You consent that we may disclose and or transfer your information to third parties or any other entity we deem necessary to perform our obligations to you under this Agreement.7.3. All other provisions regarding the use of your personal information are contained in our Privacy Policy.8. Intellectual Property
8.1. The Site and our services contained therein, original content, features and functionality are and shall remain the exclusive property of AltSchool. Our trademarks and trade name may not be used in connection with any product or service without our prior written consent.8.2. You shall not use, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or collective content except as expressly permitted by AltSchool.8.3. You acknowledge and agree that all courses in the Programme by AltSchool Africa and all related materials provided by AltSchool shall remain the property of AltSchool and that AltSchool shall be the sole and exclusive owner of all copyrights and other intellectual property rights in the courses.8.4. Subject to your compliance with these Terms and Conditions, AltSchool grants you a limited, non-exclusive, revocable, non-transferable licence to access and view any content made available on or through the Site and accessible to you.9. Representations and Warranties
You make the following representations and warranties to us at the time of agreeing to these Terms and Conditions:9.1. You are over the age of 18 (eighteen) years;9.2. You are of sound mind and have the capacity to participate in the Programme by AltSchool Africa; and9.3. All information that you provide to us is true and accurate to the best of your knowledge.9. Event of Default
10.1. An Event of Default refers to the following instances where:10.1.1. you fail to pay the complete Course Fee as at when due;10.1.2. you continuously fail to participate in tasks or projects assigned to you;10.1.3. you refuse to submit assignment and task as at when due; and10.1.4. you engage in acts which is against the codes and conduct of AltSchool.10.2. Upon the occurrence of an Event of default as mentioned above, we may without prejudice to any other right or remedy granted to us under any law:10.2.1 terminate this agreement in accordance with clause 11;10.2.2 Revoke your admission into the Programme by AltSchool Africa; and10.2.4 Withdraw all access to our site and all course materials;10.3. AltSchool reserves the right to institute legal proceedings against you to recover the course fee, with or without prior notice.10.4. You shall be liable for all legal costs and expenses incurred by AltSchool for any action taken against you by it for the recovery of fees.11. Termination
11.1. We may terminate or suspend your Account immediately with or without prior notice or liability, for any reason whatsoever, including11.1.1. where you breach these Terms and Conditions;11.1.2. upon the occurrence of an Event of Default as stated in clause 9 above;11.2. Upon termination, your right to use our Site and services will immediately cease.12. Indemnity
You agree to indemnify and hold harmless AltSchool, its affiliates and subsidiaries, its officers, directors, and employees, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred by it, its affiliates and subsidiaries, its officers, directors, and employees, as a result of:- your fraudulent or illegal use of our Site or services;
- any act of negligence or wilful conduct by the stakeholders of the company with respect to fulfilling your obligations in connection with this Agreement;
- any inaccurate, incomplete or misleading information that you have provided to us;
- any unauthorised access to your Account as a result of your failure to keep your username and password confidential;
- any service that you have offered, whether with or without our permission to a third party using AltSchool’s services or Site; and
- any claim made against AltSchool and/or its stakeholders for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the use of our services or use of the Site.
13. Force Majeure
Neither Party shall be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to acts of God, war, riot, civil commotion, weather, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control.14. Limitation of Liability
In no event shall AltSchool, its directors, employees, partners or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from our services or your inability to use the Site or our services.15. Severability
If any part of this Agreement is held to be invalid or unenforceable in any jurisdiction, the invalidity and unenforceability of all remaining provisions contained in this Agreement shall not in any way be affected or impaired.16. Entire Agreement
This Agreement contains the entire agreement between the Parties with respect to the subject matter and supersedes all prior arrangements and understandings (whether oral or written).17. Waiver
In the event that AltSchool does not strictly enforce its rights under this Agreement (including its right to insist on the payment of the Course Fee as and when due), AltSchool shall not be deemed to have waived or lost those rights and will not be prevented from enforcing such rights at a later date.18. Assignment
AltSchool reserves the right to transfer or assign its rights and obligations under these Terms and Conditions. AltSchool will only notify you if such an assignment will change the arrangements for the Programme by AltSchool Africa.19. Amendment
AltSchool may at any time vary and revise these Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms and Conditions periodically for changes. The most updated version of this document will be available for your review under the “Terms and Conditions” that appears on the Site.20. Governing Law and Dispute Resolution
20.1. This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.20.2. Any disputes arising under or in connection with the validity, interpretation and performance of this Agreement that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.20.3. The Parties shall endeavor in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the Parties.20.4. Each Party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both Parties.21. Contact Us
If you have any questions about these Terms and Conditions, please contact us at [email protected].
