Terms of Service

INTRODUCTION

Welcome to Scholarly Africa’s website (the "Site"). This site is owned and operated by Scholarly Educational Software Ltd (hereinafter referred to as “Scholarly”, "company", "us", "our", and "we").

These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions and affiliate-operated Internet sites which reference these Terms and Conditions.

You understand that by using the site or site services, you agree to be bound by the Terms and Conditions of service without exemptions or modifications. If you do not accept the terms of service in its entirety, you must not access or use the site or the site services.

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

Eligibility: To use the Services, you must represent and warrant that you are of legal competence to enter into a binding agreement with Scholarly, and are not otherwise prohibited from using or receiving the Services in accordance with this Agreement.

PURPOSE OF SCHOLARLY

Scholarly is an educational technology company that produces educational apps and software for students, partners and businesses who aim to learn better, earn profits and better run their businesses respectively.

Scholarly does not guarantee admission for students or a certain score after using the app.

ENTITIES IN SCHOLARLY

Scholarly has the following three entities:

1. Scholarly: Company and Vendor
2. Customers: the business’s end users or primary consumer
3. Affiliates: act as middlemen to the Customers

ACCOUNTS

• ACCOUNT CREATION: Registration on the Site is completely optional, however, in order to use certain features of the Site, Customers and Affiliates must register for an account ("Account") on our apps and platforms ("Platforms"), and provide certain information about themself when prompted to do so. You may access your information at any time by clicking 'My Account' on 'the Site' after signing into the Site.
  
  You represent and warrant that:
  
  
  1. all required registration information you submit is truthful and accurate;
  2. You haven’t impersonated any person or falsely stated or misrepresented your affiliation with a person or entity.
  3. you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site and Platforms. Company may suspend or terminate your Account in accordance with the terms.
• ACCOUNT RESPONSIBILITIES: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
• ACTIVATION OF DEVICE: To use our services, Customers may be required to pay for device activation. Activation is per device and cannot be transferred to another device on the basis of the user's account. Scholarly reserves the right to revoke a device's/user's activation without the prior consent of the user.
• ACTIVATION: Upon activation, the subscription shall last for one academic year (Around 7 to 8 months)
• WALLET SECURITY: Affiliates buy activation pins for activation through any of the three wallets available. Users are expected to secure their wallets from unauthorised access and the company shall not be liable for any loss unless proven to have occurred due to the company’s direct or negligent action.
• NO-REFUND POLICY:There are no refund plans for any customer who buys an activation pin either from the affiliate or Scholarly, whether the activation pin has been used or not, as long as the pin has been sent to them.

TERMS AND TERMINATION

These Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.

AFFILIATE RELATIONSHIP WITH SCHOLARLY

By registering as an Affiliate, you are agreeing to be bound by all terms of this agreement. If you do not agree to the terms of this agreement, you are not eligible to register or to become an Affiliate and you shall not be able to transact business on Scholarly.

To register, affiliates shall pay a non-refundable fee of #10,000. Upon payment, affiliates shall get a 6 digits registration code to continue their signup.

Customers or users agree to the terms and conditions, by registering as a customer or user.

Affiliates shall act as middlemen between Scholarly and its customers. They shall:

• direct complaints or suggestions from customers to Scholarly

Customers are also expected to report unruly or fraudulent Affiliates to Scholarly.

The Affiliate acknowledges and agrees that they are not an employee of SCHOLARLY, hence not eligible for any of the rights or benefits of employment.

The Affiliate’s account shall be deactivated temporarily or permanently if found culpable of:

1. Fraudulent practices.
2. Indiscriminate price hike against the stated and recommended price
3. Irresponsible and unruly behaviour capable of tarnishing the image of Scholarly

MODIFICATION

“Scholarly” reserves the right to change or revise the terms at any time by posting any changes or a revised version on our website and application. We will alert you that changes or revisions have been made by indicating on the top of our Terms the date it was last revised or updated. The changed or revised version will be effective immediately after it is posted on our website and application with no other notice provided. Your use of our website and application following the posting of any such changes will constitute your acceptance of such revisions or updates.

DISCLAIMER OF WARRANTIES

Your use of our website and application and/or service is at your sole risk. Our website, application, and/or service are offered on an “as is” and “as available” basis. “Scholarly” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the services or website or application, or any reliance upon or use of the website and content or services. Without limiting the generality of the foregoing, “Scholarly” makes no warranty:

1. that the information provided on our website and application is accurate, reliable, complete, or timely;
2. that links to third-party websites and applications are to information that is accurate, reliable, complete, or timely; no advice or information, whether oral or written, obtained by you from our website and application will create any warranty not expressly stated herein;
3. As to the results that may be obtained from the use of the services will be corrected;
4. Regarding any services purchased or obtained through our website and application;

INTELLECTUAL PROPERTY

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorised use of the material and content of this website is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

LICENSE TO USE OUR WEBSITE

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

The services are protected by copyright, trademark, and other laws of Nigeria. Nothing in this Term gives you a right to use the SCHOLARLY name or any of SCHOLARLY’s trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of SCHOLARLY and its licensors.

DATA PROTECTION

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Site.

INDEMNITY

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).

THIRD-PARTY LINKS & ADS; OTHER USERS

The Site may contain or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. The Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

SEVERABILITY

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

APPLICABLE LAW AND JURISDICTION

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

LIMITATION ON LIABILITY

Scholarly shall not be liable for customers attempting to use the app for examination malpractice.

To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if company has been advised of the possibility of such damages. access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of One Thousand naira (#1000). the existence of more than one claim will not enlarge this limit. you agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

WAIVER OF CLASS ACTION RIGHTS

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this agreement must be asserted individually.

CONTACT US

If you have any questions about these Terms, please contact us.