TERMS AND CONDITIONS
Codebot Technologies Ltd provides educational courses in Technology mainly coding courses through its product, 9jacodekids Academy, for kids within the age of 4 to 16 years. 9jacodekids Academy offers onsite and online Technology (Tech) classes which includes coding, robotics, artificial intelligence and so on for kids within the age 4 to 16 years (students). The Academy also creates and sells valuable educational content, such as pre-recorded, downloadable video courses to Users to learn.
These Terms and Conditions are a legal contract between our Users (parents/guardians, “you,” “your’ and “visitors”) and 9jacodekids Academy (“we,” “us,” or “our”) and apply to all activities and use of services on our Platform. We operate a Web Application Programming Interface which houses current products and services any other product or services that the Academy may provide now or in the future (collectively, the “Services”). We may also use other platforms to deliver our products such as Zoom and/or Google Meet.
By browsing, accessing, registering for, or using our Platform, you agree and acknowledge that you have read, understood and agree to be bound by the Terms and Conditions and any additional guidelines. You must have reached the age of 18 years for use of our Platform. If you are a parent or a guardian and you provide consent for your child to register on the Platform, you agree to be bound by these Terms and Conditions in respect of the Child’s use of our Platform and our services.
Accounts and Registration
When registering for our physical and online classes, all our Users (parents and/or guardians) are required to:
- Fill in a registration form on our website. You will be required to supply your name, phone number, email address, child’s/children’s name, age, etc.
- Once the form has been submitted, an email and/or WhatsApp message will be sent containing bank account details to make payment and complete your booking.
- After payment has been made and confirmed, an email with details of the class and a Zoom/Google Meet link to join the class will be sent to you.
You must be at least 18 years of age to create an account on our Platform and use our services. If below the age of 18 years, you may not set up an account, unless the account is registered by a parent or guardian who will help you access content that is appropriate to you. It should be noted that parents and guardians are responsible for the acts and activities of students (ages 4 to 16 years) when using our services and Platform. If we discover that you are below the age of
consent to use online services and registration has not been approved by a parent or guardian, and have registered an account that violates these rules, we will terminate your account with immediate effect.
Use of the services
You must use our services subject to and in compliance with these Terms and Conditions and all applicable laws, rules, and regulations. The services include all features, contents, and functionalities owned by us.
We offer physical classes in Port Harcourt and online classes (E-Learning) classes on our Platform. There are two modes of our online classes, we have group classes (student learning groups of not more than 8 students) and private (1-on-1) classes. Students are required to be at least 6 years old to be eligible for 1-on-1 private classes and 7 years old for online group classes. These students must have a Laptop/PC, webcam, headphones with a microphone, and access to stable internet. To ensure that our students are fully equipped for viable tech opportunities, we provide 4-week after-class support to all our students, where they receive weekly follow-up tasks.
Subject to these Terms and Conditions, we grant you permission to use and access our services, solely for personal and non-commercial use, not for the benefit and use of third-party. We, therefore, reserve all the rights not expressly granted to you. In our sole discretion, we may restrict access to all or part of our services and Platform and impose limits on certain features and/or services.
We reserve the right to determine pricing for our services. The breakdown of prices of our classes both physical and online classes can be found on our Platform. We will make a reasonable effort to keep the pricing information published on our Platform up to date. We encourage you to check our Platform periodically for current pricing information as we may change the fees for any feature of our services, which include additional charges and fees. In some situations, the price of the content offered on our website may not be the same as the price offered on our mobile application. This is due to the mobile application platform providers’ pricing system and their policies around implementing promotions and sales.
We may, in our sole discretion, make promotional offers with different pricing and features to any of our Users for a set period of time. The price applicable to the content will be the price at the time you complete your purchase at checkout. Any price offered for a particular content may also be different when you are logged into your account from the price available to Users who are not logged in or registered because some of our promotions are available to new Users only.
You agree to pay the fees and charges for the contents that you purchase. Notwithstanding anything contained in these Terms and Conditions, there may also be other payment methods, and you authorize us to charge your credit or debit card or process other means of payment (such as direct debit, mobile wallet, or bank transfer) for those fees. We work with payment service providers to offer you the most convenient payment method and secure your payment information.
When making a purchase, you agree not to use an unauthorized or invalid payment method. If your payment method fails and you get access to the content you are enrolling for, you agree to pay us the corresponding fee within twenty (20) business days of notification from us. We reserve the right to disable your access to any content for which we have not received adequate payment for.
We give full refunds if the request is made before classes commence. Once classes commence, at least one class has been attended, we do not give a refund but we offer the user the option to complete the class at the next available scheduled class or whenever the user decides. If a scheduled group class has already commenced and a student was unable to start with the rest of the class, where such a user requests a refund, we will process the refund within 30 days. For online classes, if there are network glitches/issues from our end, we will schedule a makeup class for our students. If the network issue is from the student’s end, we will also offer makeup classes on compassionate grounds. However, if such issue persists continuously, we will be unable to reschedule a make-up class continuously, and may require the user to suspend the class until such a time as the network issues have been resolved on their end.
By using 9jacodekids, you agree that you will not participate, conspire to, conduct or otherwise engage in abusive, fraudulent, or otherwise illegal activities and that such activities will be grounds for termination of your right to use and/or access the services on our Platform. Hacking our services is prohibited. You specifically agree that you will not:
Use any automated or non-automated system, including but not limited to robots, scrapers, offline readers, spiders and so on, to distribute, copy, disclose or access our services and interfere with the proper working of our services or place an unreasonable load on the infrastructure of our Platform;
Transmit, post or cause to be transmitted or posted any solicitation or communication intended or designed to obtain, account details or private information from any of our other Users;
Use the Platform to violate network or computer security measure, store or transfer illegal materials (including obscene or threatening material) or engage in any kind of illegal activity;
Attempt to interfere with or decipher any transmissions to or from the servers running the Platform;
Activate or run any form of auto-responder or “spam” on the Platform;
Use the Platform for any commercial solicitation purposes;
Transmit any malicious software agents through the Platform;
Bypass the measures used by us to restrict or prevent access to the Platform; and
Interfere with the proper working of the Platform.
Modification of Terms and Conditions
We may from time to time, update these Terms and Conditions to clarify to reflect our new practices or different practices, such as; when we add new features. In our sole discretion, we reserve to modify and/or make changes to these Terms and Conditions. When we make any material change, we will notify you by email sent to the email address specified in the account you provide and/or by posting a notice on our Platform. Modifications will become effective on the day they are posted. It should be noted that your continued use of our Platform after changes become effective, shall mean that you accept those changes and revised Terms and Conditions shall supersede all previous Terms and Conditions.
Every notice and other communication given hereunder shall be in writing and given by registered or certified mail return receipt requested, or by email.
To the fullest extent permitted by law, you agree to indemnify and defend Codebot Technologies Ltd, 9jacodekids Academy and its affiliate, subsidiaries, agents, directors, consultants, and employees from and against every claim and any related damage, liability, expense, and loss, including but not limited to reasonable attorney’s fees, brought by a third party, arising out of or connected with;
Your violation of any warranty, representation, portion, or agreement referenced in these Terms and Conditions, or any applicable law or regulation;
Your unauthorized use of or misuse of the Platform;
Any dispute between you and any third party; or
Your violation of any third-party right, including but not limited to, publicity and privacy rights, confidentiality, intellectual property right, and other proprietary rights.
Each Party is responsible for its own property and personnel and any consequential losses arising out of this Agreement and for the property and personnel and any consequential losses of each of the other Party of any decision taken by the other Party to this Agreement.
Disclaimers and Warranties
The Platform and all content and materials available through the Platform are provided on an “AS IS” basis. 9jacodekids Academy disclaims all warranties of any kind, relating to the Platform and all content and materials available through the Platform, whether express or implied, including but not limited to: a) any warranty arising out of course of usage, dealing or
trade and/or b) any implied warranty of fitness for purpose, merchantability, quiet enjoyment, title, or non-infringement.
You hereby agree that the information you provide is accurate, complete, and current and you will keep it up to date at all times. At the point of registration, you will be asked to choose a username and a password. You hereby agree that you are solely responsible for maintaining the confidentiality of your account details, that is, your username and password.
You further accept the responsibility for all use and activities that occur under your account. You may not transfer your account to someone else or use someone else’s account. We will not grant requests for access to accounts if we are contacted unless sufficient information is provided to us to prove that you are the owner of that account. Immediately notify us if you believe your account and its requisite details are no longer secure.
We do not warrant that the Platform or any portion thereof or any content or material offered through the Platform will be secure, uninterrupted, or free of viruses, errors, or other harmful components and we do not warrant that any of those issues when corrected will not occur again.
No information or advice, whether written or oral, obtained by you from our Platform or any content or materials available through the Platform will create any warranty regarding any of our services that are not expressly stated in these Terms and Conditions. You agree and understand that your use of any portion of our Platform is at your own discretion and risk and we are not responsible for any damage to your property, including your mobile device or computer used in connection with our Platform, or any loss of data.
The disclaimers, limitations, and exclusions in this clause apply to the fullest extent permitted by law. We do not disclaim any warranty or other right that we are prohibited from disclaiming under the applicable law.
Limitation of Liability
To the fullest extent permissible by law, in no event will we be liable to you for any incidental, indirect, consequential, punitive or special damages, including but not limited to damages for loss of goodwill, profits or any other intangible loss, relating to or arising out of your use of and access to, or your inability to use and access our Platform or any content or materials on our Platform. Whether based on tort, contract, warranty, statute or any other legal theory and whether or not we have been informed of the possibility of damage.
To the fullest extent permitted by law, the aggregate liability of 9jacodekids Academy to you for all claims relating to or arising out the use or any inability to use any portion of the Platform or otherwise, under these Terms and Conditions, whether based on tort, contract or otherwise, is limited to the amount you paid to us for the use and access of our Platform to the circumstance or event giving rise to claim.
Each term of these Terms and Conditions that provide for disclaimers, warranties and limitation of liability or exclusion of damages is intended to allocate, and does allocate, the risks between the parties under these Terms and Conditions. This allocation is an integral element of the basis of bargain between the parties. Each of these terms and conditions is independent and severable of all other terms of these Terms and Conditions. The limitations in this clause will apply even if
any limited remedy fails of its essential purpose.
Any dispute, claim, or controversy arising out of, relating to, or in connection with this Terms and Conditions, including with respect to its existence, validity, interpretation, breach enforceability or termination or any dispute regarding any non-contractual obligations arising out of or in connection with it, shall be resolved in accordance with the procedure set out below:
The Party raising any dispute must first give written notice of the dispute to the other Party (“Dispute Notice”). Upon receipt of a Dispute Notice, Parties will resolve disputes amicably through negotiations.
Where the representatives of the Parties are unable to reach an acceptable resolution of the dispute through Negotiation within ten (10) days of the Dispute Notice, the Parties shall, in good faith, seek to settle the dispute by Mediation at the Rivers State Multi-Door Courthouse (RSMDC) administered by a single mediator appointed by RSMDC under its Mediation Procedures. This process may be commenced by either Party by application to the RSMDC. Each Party shall bear the respective costs for mediation/settlement.
Where the mediation fails or is not concluded within thirty (30) days then, the dispute shall be referred by either Party to and finally resolved by arbitration by a single arbitrator (the Arbitrator). The arbitrator shall be appointed by the Chairman of the Nigerian Branch of the Chartered Institute of Arbitrators (UK) on the application of any of the Parties or failing him, by the Director of the Regional Centre for International Commercial Arbitration, Lagos State, Nigeria (notice of such application being given to the other Party). Provided that the Arbitrator so appointed shall not be a present or former employee, agent, consultant, or counsel to any of the Parties and that his appointment will in no way constitute a conflict of interest.
If for any reason, an Arbitrator is unable to perform their function, the appointment of the Arbitrator shall terminate, and a substitute shall be appointed in the same manner as the original Arbitrator. The Parties shall bear the fees and expenses of the Arbitrator in equal proportion, and all other fees incurred by each Party shall be borne by such Party, except otherwise directed by the Arbitrator. The provisions contained in this clause shall survive the termination, expiration, or invalidity of these Terms and Conditions.
These Terms and Conditions are governed, interpreted and construed in accordance with the laws of the Federal Republic of Nigeria.
You may terminate your use of our Platform at any time. We may terminate, suspend or restrict your use and access to our service or your account on our Platform at any time, without prior notice to you, if you violate any of these Terms and Conditions If your account is inactive for any reason for a period of 6 months, it may result in the suspension of the account and if your account is inactive for a period of 12 consecutive months, such account will be deleted, including all information associated with your account, including progress and any feature or upgrade. Your right to access and use the Platform and any Content will immediately cease upon termination of your account.
These Terms and Conditions shall remain in full force and effect until terminated by us. For clarity, your termination of your use of our service or deletion of your account, or our suspension or termination of your account does not terminate these Terms and Conditions.
Neither Party shall be considered in default or breach of contract in the instance of any delay pertaining to an act of God such as fire, explosion, epidemic, flood, or acts out of the control of such party such as riot, war, pandemic, terrorism or Government Policies. In the event of such acts occurring the Party is expected to notify the other Party of such actions as well as a resolution date if applicable.