Please read these terms and conditions carefully before you proceed to using this website (“product”, “services” “tecuela”) operated and facilitated by Movil Digital Service Limited (“modigi” “company” “we”, “our” “us”)
This terms and conditions is between Movil Digital Services Limited and the legal guardians (“you”) of the intending users or users of this website.
GENERAL TERMS
AGREEMENT AND ACCEPTANCE
1.1 Read these terms and conditions carefully before using this Website (“this website” or “the website”). By clicking “Register”, “Join Now”, “Enrol” “sign up” or similar to Tecuela (“This Product”, “The Product”) you are indicating acceptance to be bound by these terms thereby entering a legally binding contract with the facilitating company, Movil Digital Service Limited (“MODIGI”) a private company incorporated in Nigeria under the Corporate Affairs Commission.
1.2 If you do not agree to these terms do not “Register”, “Join Now”, “Enrol” “Sign up” your child or ward to use this product.
1.3 These terms and conditions may be revised/updated from time to time. You should ensure to check regularly for any notification of an update/change/amendment to these terms. Kindly endeavour to review the terms as they will be binding on you if your child/ward continues to use/stay registered to this website after such changes.
1.4 Registered users of this website are described as “Students/Users” while the unregistered users are described as “Visitors”.
2. CONDITIONS OF USE
2.1 By using this website, you certify that you have read and reviewed this Agreement and have decided to comply with its terms. If you do not want to be bound by the terms of this agreement, you are advised to stop using the website accordingly. Movil Digital Service Limited as the facilitator of this product, only grants use and access of this website, its products, and its services to those who have accepted its terms.
2.2 This contract regulates the use, access, and activities of the students and visitors of this website and by legal extension, it binds both the parents/guardian of the student/visitor.
2.5 To use the Services, you agree that:
- a. You give your consent as the parent/guardian of the intended user/user.
- b. Your child/ward will only have one account in his name.
- c. You will provide the necessary data required as the parent/guardian of the product user.
2.6 An account with false information or data is a violation of this Contract.
3. PAYMENT METHODS
3.1. We accept payments via credit card, debit card, bank transfer and through other means made available on the website. All payments must be made in any currency allowed on the website.
3.2. Payment for products/services must be made at the time of purchase/enrolment.
3.3. All applicable taxes, duties, and fees are the responsibility of the purchaser. Any sales tax, value-added tax (VAT), or other tax or fee imposed on transactions will be added to the total amount due at the time of purchase.
3.4. We reserve the right to change prices for our products/services at any time. Any price changes will be communicated to you in advance and will not affect orders or subscriptions already placed and paid for.
3.5. Any disputes regarding payments should be addressed to our customer service team at info@tecuela.com or +2347039306935.
3.6. By making a purchase or subscribing to our services, you agree to these payment terms.
4. SERVICE ELIGIBILITY
4.1 To be eligible to access this website and enjoy the benefit of its product (Tecuela), the intending users/users must:
- A. Have attained at least the age of 7 (seven) and at most 17 (seventeen) years old.
- B. Have subscribed to any of the features/packages of the product.
- C. Consent to these terms and conditions.
4.2 By using this website, you consent that the user is within the age bracket described in paragraph 3.1(a) above and will adhere to these terms and conditions.
4.3 MOGIDI assumes no responsibility for liabilities related to age misrepresentation of the profile data provided upon registration.
5. INTELLECTUAL PROPERTY
5.1. Tecuela, and all logos, products, services, or other content on http://Tecuela.com or other mobile download platforms are the intellectual property of Movil Digital Services Limited, or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MODIGI.
5.2. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Tecuela and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MODIGI.
5.3. You agree that you will not reproduce or redistribute the intellectual property of Movil Digital Services Limited in any way, including electronic, digital, or new trademark registrations.
5.4. You grant Movil Digital Services Limited a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish.
6. PRIVACY POLICY
6.1 We view the protection of users' privacy as a very important principle. We understand clearly that your Information are one of our most important assets. We store and process your Information on computers that are protected by technological security devices. We do not give your personal information to third parties for marketing purposes without your consent. You may object to your information being used in this way and thereby opt out from using our Services. By consenting to these terms, you also consent to our privacy policy.
6.2 You hereby grant us the right to conduct any investigation in any manner we deem fit, on your background and operations, including but not limited to credit background checks, banking relationships and financial history. In addition, you hereby give us your consent to disclose the details of any investigation conducted pursuant to this clause, to law enforcement agencies, regulatory bodies and any financial institutions we deem necessary.
7. LIMITATION OF LIABILITY
7.1 We shall only be liable for your direct loss or damage, proven to be a foreseeable result of our breach of this agreement.
7.2 We will also be liable for any obligation that cannot be limited or excluded as a matter of law.
7.3 We will not be liable for any loss or damage arising as a result of unauthorised access to the service if:
- a. You intentionally or negligently failed to take reasonable precautions to protect the users’ security, access codes, login details or any device of the user used to access the product,
- b. You failed to promptly notify us that the service was being accessed in an unauthorised way after becoming aware of it,
- c. You acted fraudulently.
7.4 In no event shall Movil Digital Services Limited be liable for loss of opportunities or any indirect, special, incidental, or consequential damages arising out of or in connection with our platform, our service, or this Agreement.
7.5 Our liability to you or any third party in any circumstance of proven liability by us, shall not exceed the fees paid to us in respect of the specific transaction that gave rise to the claim or liability.
8. INDEMNIFICATION
8.1. You agree that if you are in breach of this Agreement or the documents it incorporates by reference, or if you violate any law or the rights of a third party in connection with your use of the service, we shall not be responsible for any damage, loss, liability or third party claim you incur wholly or partly by your breach or violation.
8.2. You agree to indemnify and hold the company, harmless from any claim or demand (including attorneys' fees) made by you or any third party arising wholly or partly from your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
9. TERMINATION
9.1. Movil Digital Service Limited (with notice to you) reserves the right to terminate this agreement at anytime and on termination, you lose the right to access or use our product.
9.2. The following terms will survive termination:
- a. Our rights to use and disclose your feedback.
- b. Client’s rights to further re-share content and information you shared through the Services.
10. NOTICE/AMENDMENT
10.1. We may update these terms and/or modify this Contract or any of our Policies from time to time.
10.2. MODIGI reserves the right to upgrade, update or discontinue any aspect or feature of its service in whole or in part.
10.3. If we make material changes to it, we will notify you through our Services, or by other means to provide you with the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive.
10.4. If you object to any changes, you may close your account and cease to use our Services. The continued use of our Services by users/visitor after we publish or send a notice about our amendment to these terms means that you are consenting to the updated terms as of their effective date.
10.5. this Agreement and any other agreements, notices, or other documents regarding your account and/or your use of this website, may be provided to you electronically and you agree to receive all notices from Movil Digital Services Limited in electronic form.
10.6. You may print a copy of any Notice and retain it for your records. All Notices in either electronic format will be deemed to be in "writing and to have been received and shall become effective thirty (30) days after being posted or placed on our website.
10.7. Notices from you to us shall be by email from you to info@tecuela.com
10.8. Notices by us to you may be placed on our website or sent to your email address registered with us.
10.9. A notice by email shall be deemed received by the other party, once the email is sent, unless the sending party is aware that the email was not received.
10.10. Notice posted to our website shall be deemed received upon your visit to our site or your first log-in after the posting.
11. GOVERNING LAW/DISPUTE RESOLUTION
11.1. By using this website, you agree and consent that the laws of the Federal Republic of Nigeria will govern these terms and conditions, or any dispute of any sort that might come between Movil Digital Services Limited and you, or its business partners and associates.
11.2. In the event of a dispute arising between parties, our goal is to provide a neutral and cost-effective means of resolving the dispute quickly. Parties shall seek to resolve any such dispute amicably between themselves or through a negotiated settlement and in the event of their inability to resolve the dispute as aforesaid, the parties shall explore a mediated settlement with both Parties appointing one (1) Mediator who shall act as a catalyst for resolution.
11.3. If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004.
11.4. The seat of arbitration shall be in Lagos, Nigeria and language to be used in the arbitral proceedings shall be English. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the Chairman/President of the Chartered Institute of Arbitrators UK (Nigeria Branch), on application of any party, giving notice to the other party. Each Party will bear its costs save for joint costs which will be borne jointly.
12. FORCE MAJORE
12.1. Movil Digital Services Limited shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part because of force majeure.
12.2. Force majeure means any circumstance beyond the reasonable control of MODIGI including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, epidemic or pandemic, collapse of buildings, fire, explosion, events of force majeure declared by Movil Digital Investment Limited,partners or service providers involved in the performance the company’s obligations in this Agreement or any other act of God or any technical failure caused by devices, matters or materials.
13. SEVERABILITY
13.1. If any provision of these terms is found to be unenforceable, illegal, or invalid by a court of competent jurisdiction, the enforceability, legality and validity of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such unenforceability, illegality or invalidity.
14. HEADINGS
14.1. The headings in this document have been provided for convenience only and do not affect the interpretation of the clauses.