AJIRY - TERMS OF SERVICE
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN
THE USE OF THE LEARNWITHLEARNWITHAJIRY.COM WEBSITE PLEASE READ
THEM CAREFULLY!
Introduction:
Welcome to LearnWithAjiry. This is an online learning platform that helps one master real-
world skills preparing them for the job market. This website is owned and operated by Tribus-
TSG. The website and all associated content (including Logos and marks, Images, Videos,
Lessons) is protected by Kenya and by international copyright and trademark laws and other
proprietary rights. All content on the LearnWithAjiry website is the intellectual property of and
copyright protected by Tribus-TSG.
Acceptance of Terms:
You agree that by clicking “Continue” “Sign Up”, “Join Now”, “Join LearnWithAjiry” or
similar, registering, clicking on the checkbox that states “Agree to our Terms & Conditions”,
accessing or using our services (described below), you are agreeing to enter into a legally
binding contract with LearnWithAjiry (even if you are using our Services on behalf of a
company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click on
the checkbox that states “Agree to our Terms & Conditions”, “Register”, (or similar) and do not
access or otherwise use any of our Services. If you wish to terminate this contract, at any time
you can do so by closing your account and no longer accessing or using our Services.These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any
country in the world of applications, websites, content, products, and services (the “Services”)
made available by learnwithlearnwithajiry.com under Tribus-TSG; a subsidiary of Centum
Investments Limited.
Availability and Access to the Site:
For as long as we operate learnwithajiry.com website, we will use our best efforts to provide and
seek to update, improve and expand the Website, subject to limitations stated in these Terms of
Use. As a result, we allow you to access our Website as they may exist and be available on any
given day and have no other obligations, except as expressly stated in these Terms of Use.
We may modify, replace, refuse access to, suspend or discontinue our Website, partially or
entirely, and at any time, in our sole discretion and without notice to you. All these changes shall
be effective upon their posting on our Website, or by direct communication to you unless
otherwise noted.
We further reserve the right, within our sole discretion, to withhold, remove and/or discard any
content available as part of your account, with or without notice, for any reason, including
because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For
avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any
content that you or other Members provide and/or submit when using our Website.
Registration:
You may need to create an account with LearnWithAjiry in order to use some of our Services.
For that purpose, you will be required to select a password and username, and to provide
registration information. The registration information you provide must be accurate, complete,
and current always. Failure to do so constitutes a breach of the Terms, which may result in
immediate termination of your account.
You may not use as a user name the name of another person or entity or that is not lawfully
available for use, a name or a trademark that is subject to any rights of another person or entity
other than you without appropriate authorization, or a name that in a manner misleads the readers
into thinking that you are another person or company, or a name that is otherwise offensive,
vulgar or obscene.It is your responsibility to keep your login credentials secure and you are solely responsible for
all activities that occur via your account. You must immediately notify LearnWithAjiry of any
unauthorized uses of your account or any other breaches of security. LearnWithAjiry will not be
liable for any acts or omissions by you, including any damages of any kind incurred as a result of
such acts or omissions.
LearnWithAjiry Services are available to all individuals irrespective of age.
If you are using our Services on behalf of a business, that business accepts these terms.
You must be a human to open an account. Accounts registered by "bots" or other automated
methods are not permitted.
Registration:
You may need to create an account with LearnWithAjiry in order to use some of our Services.
For that purpose, you will be required to select a password and username, and to provide
registration information. The registration information you provide must be accurate, complete,
and current always. Failure to do so constitutes a breach of the Terms, which may result in
immediate termination of your account.
You may not use as a user name the name of another person or entity or that is not lawfully
available for use, a name or a trademark that is subject to any rights of another person or entity
other than you without appropriate authorization, or a name that in a manner misleads the readers
into thinking that you are another person or company, or a name that is otherwise offensive,
vulgar or obscene.It is your responsibility to keep your login credentials secure and you are solely responsible for
all activities that occur via your account. You must immediately notify LearnWithAjiry of any
unauthorized uses of your account or any other breaches of security. LearnWithAjiry will not be
liable for any acts or omissions by you, including any damages of any kind incurred as a result of
such acts or omissions.
LearnWithAjiry Services are available to all individuals irrespective of age.
If you are using our Services on behalf of a business, that business accepts these terms.
You must be a human to open an account. Accounts registered by "bots" or other automated
methods are not permitted.
Fees:
LearnWithAjiry reserves the right, at any time, to change any fees or charges for using any services provided on the Site (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
User Conduct:
If you operate an account, comment on a forum or course or project, post material on the Site,
post links on the Site, or otherwise make (or allow any third party to make) material available by
means of the Site, you are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of the type of Content (e.g., images, video, sound, links,
etc.). LearnWithAjiry does not control user submitted Content and, as such, we do not guarantee
the accuracy, integrity or quality of such Content. You understand that by using this Site you
may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or
prohibited by these Terms, or any other purpose not reasonably intended by LearnWithAjiry. In
connection with using our Website and Services we offer; you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or
by posting inappropriate, inaccurate, or objectionable content to our Websiteor App.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute,
perform, display, sell, rebrand, or otherwise transfer information found on our
Website or App (excluding Content posted by you) except as permitted in
these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying intellectual property used in
connection with the Website or App, or any part thereof.
- Include information in your profile or elsewhere, except in designated fields,
that is confidential in nature or that reveals your identity or sensitive personal
information such as an email address, phone number or address.
- Create a user profile for anyone other than a natural person.
- Utilize information, content or any data you view on and/or obtain from our
Website or App to provide any service that is competitive, in our sole
discretion, with our Website, App or our business.
- Imply or state, directly or indirectly, that you are affiliated with or endorsed
by learnwithajiry.com, unless you have entered into a written agreement with
us to that effect.
- Adapt, modify or create derivative works based on our Website, App or the
technology underlying either, or other Members' content, in whole or part.
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any
information therein, or the equivalent, in whole or part.
- Deep-link to our Website or App for any purpose, (i.e. including a link to one
of our web pages other than our Website's home page) unless expressly
authorized in writing by us or for the purpose of promoting your profile on our
Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or
processes to access, "scrape," "crawl" or "spider" our Website or App.
- Use bots or other automated methods to add or download contacts, send or
redirect messages or perform other permitted activities.
- Access, via automated or manual means or processes, our Website or App forpurposes of monitoring its availability, performance or functionality or for any
competitive purpose.
- Engage in "framing," "mirroring," or otherwise simulating the appearance or
function of our Website or App.
- Attempt to or access our Website or App by any means other than through the
interfaces provided by us.
- Attempt to or override any security component included in or underlying our
Website or App.
- Engage in any action that directly or indirectly interferes with the proper
working of or places an unreasonable load on our infrastructure, including but
not limited to unsolicited communications to other Members or our personnel,
attempts to gain unauthorized access, or transmission or activation of
computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained
in or on our Website or App, including ours or any Sponsor’s.
- Remove, cover or otherwise obscure any form of advertisement included on
our Website or App.
- To post or transmit, or cause to be posted or transmitted, any Content that is
libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or
that infringes any copyright or other right of any person.
- Harass, abuse or harm another person, including sending unwelcome
communications to others using our Website or App.
- Collect, use or transfer any information, including but not limited to,
personally identifiable information obtained from our Website or App except
as expressly permitted in these Terms of Use, App or as the owner of such
information may expressly permit.
- Share information of non-Members without their express consent.
- Interfere with or disrupt our Website or App, including but not limited to any
servers or networks connected to our Website or App.
- Invite people you do not know to join My Account.
- Upload a cartoon, symbol, drawing or any content other than a head-shotphotograph of yourself in your profile photo or video (if applicable).
- Use or attempt to use another's account without our authorization, or create a
false identity on our Website or App.
- Infringe or use our brand, logos and/or trademarks, including, without
limitation, using the words "LearnWithAjiry" or "learnwithajiry.com," or
words likely to be confused with those words, in any business name, email, or
URL, except as expressly permitted by us in writing.
- For any purpose (including posting or viewing Content) that is not permitted
under the laws of the jurisdiction where you use the Services.
- To post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private
information from any LearnWithAjiry user.
- To create or transmit unwanted ‘spam’ to any person or any URL.
- To create multiple accounts for the purpose of liking (i.e., giving ‘like’ votes)
for or against user’s projects and/or courses.
- To post copyrighted Content which does not belong to you, with the exception
of the ‘Forums’, where you might post such Content with the explicit mention
of the author’s name and a link to the source of the Content.
- With the exception of accessing RSS feeds, you will not use any robot, spider,
scraper or other automated means to access the Site for any purpose without
our express written permission. Additionally, you agree that you will not:
- Take any action that impose or may impose in our sole discretion
an unreasonable or disproportionately large load on our
infrastructure.
- Interfere or attempt to interfere with the proper working of the
Site or any activities conducted on the Site; or
- Bypass any measures we may use to prevent or restrict access to
the Site.
- To artificially inflate or alter ‘likes’, comments, or any other Service or for the
purpose of giving or receiving money or other compensation in exchange for
‘likes’, ‘comments’ or for participating in any other organized effort that inany way artificially alters the results of Services.
- To advertise to, or solicit, any user to buy or sell any products or services, or
to use any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any user without their prior explicit consent.
- To sell or otherwise transfer your profile.
- To use the Services as a generic image hosting service such as for banner
advertising, etc.
- By making Content available, you represent and warrant that:
- The use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or
trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you
have either:
- The use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or
trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you
have either:
- Received permission from your employer to post or
make available the Content, including but not limited to
any software, or
- Secured from your employer a waiver as to all rights in
or to the Content.
- You have fully complied with any third-party licenses relating to the
Content.
- The Content does not contain or install any viruses, worms, malware, Trojan
horse or other harmful or destructive content.
- Your use of the Site and Services will be in strict accordance with
LearnWithAjiry’s Privacy Policy, with these Terms, with any other legal
notices published by with LearnWithAjiry on the Site, and with all
applicable laws and regulations (including without limitation any local laws
or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from
the Internationally or the country in which you reside).
- Upload, post to My Account, email, transmit or otherwise make available orinitiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity,
including but not limited to the use of a pseudonym, or
misrepresenting your current or previous positions and qualifications,
or your affiliations with a person or entity, past or present.
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise
objectionable.
- Adds to a content field content that is not intended for such field (i.e.
submitting a telephone number in the "title" or any other field, or
including telephone numbers, email addresses, street addresses or any
personally identifiable information for which there is not a field
provided by us);
- Includes information that you do not have the right to disclose or make
available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other
proprietary rights.
- Includes any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation. This prohibition includes but is not
limited to (1) using our Website or App to send messages to people
who don't know you or who are unlikely to recognize you as a known
contact; (2) using our Website or App to connect to people who don't
know you and then sending unsolicited promotional messages to those
connections without their permission; and (3) sending messages to
distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment ofours or any Member; and/or H. Forges headers or otherwise
manipulate identifiers in order to disguise the origin of any
communication transmitted through our Website or App.
- Contains software viruses, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment ofours or any Member; and/or H. Forges headers or otherwise
manipulate identifiers in order to disguise the origin of any
communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a
network that seeks to create a pyramid scheme or other similar practice.
- You and any user added to your organization or location shall not use the
LearnWithAjiry web application and android application to:
- Upload, post, transmit, or otherwise make available anything that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically, or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, an
LearnWithAjiry employee, administrator, owner, or other member, or
falsely state or otherwise misrepresent your affiliation with a person or
entity.
- Manipulate identifiers in order to disguise your or a user's identity.
- Upload, post, transmit, or otherwise make available any of information
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- Upload, post, transmit or otherwise make available information in a
manner that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party.
- Provide access to the communication functionality of the Service to
any third party.
- Upload, post, transmit, or otherwise make available any commercial
offers, advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, transmit, or otherwise make available any softwareviruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware.
- Disrupt the normal flow of dialogue, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges
using the communication functionality of the Service.
- Interfere with or disrupt the communication functionality of the
Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Service, including using any device or software.
- Modify, adapt, or hack the communication functionality of the Service,
including by using any non-public LearnWithAjiry APIs, or otherwise
attempt to gain unauthorized access to the Service or its related
systems or networks.
- Intentionally or unintentionally violate any applicable local, state,
national or international law in connection with your use of the
communication functionality of the Service, including, but not limited
to, the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section
227, any data, privacy, or export control laws, or regulations
promulgated by the Kenyan Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the Nairobi Securities Exchange, the NASDAQ, and any
regulations having the force of law;
- Provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources)
to any organization(s) designated by the Kenyan government as a
foreign terrorist organization pursuant to section 31 and 33 of the
Kenya Citizenship and Immigration Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any
of the prohibited conduct and activities set forth above.
If you suspect there has been an abuse of the Site or a breach of the Terms (other than relating to
copyright infringement which is addressed under “Copyright Complaints” below) please send us
an e-mail with all the details to:
info@learnwithajiry.com
LearnWithAjiry reserves the right to ban any member from using the Services for any reason.
LearnWithAjiry reserves the right to remove any Content (including, but not limited to, projects,
comments, messages, avatars, etc.) for any reason whatsoever.
Without limiting any of those representations or warranties, LearnWithAjiry has the right
(though not the obligation) to, in LearnWithAjiry’s sole discretion
- Refuse or remove any Content that, in LearnWithAjiry’s reasonable opinion, violates the
Terms or is in any way harmful or objectionable, or
- Terminate or deny access to the Site to any individual or entity for any reason, in
LearnWithAjiry’s sole discretion.
You are solely responsible for your interactions with other users of the Site. LearnWithAjiry
reserves the right, but has no obligation, to monitor disputes between you and your other users.
Content Uploaded or Made Available for Inclusion on the Site:
You retain all rights and ownership of your Content. LearnWithAjiry does not claim any
ownership rights in your Content.
Nonetheless, when you upload or submit Content to our Site, you grant LearnWithAjiry (and our
parents and affiliates) a worldwide, nonexclusive license to communicate, distribute, host, make
modifications or derivative works (solely for the purpose of better showcase your work), publicly
display, publicly perform, publish, reproduce, store, and use such Content.
The license granted by you is for the only purposes of operating, marketing, promoting, and
improving our Services. We will attribute to you if we incorporate your Content into a
LearnWithAjiry feature or into promotional or marketing materials.
In addition, by submitting your Content you grant other LearnWithAjiry users and visitors the
right to share your Content via several social media platforms integrated with LearnWithAjiry
(for example, Instagram, LinkedIn, Facebook or Twitter).
LearnWithAjiry makes no representation and warranty that Content posted on the Site will not be
unlawfully copied without your consent. LearnWithAjiry does not restrict the ability of users and
visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site
and you hereby expressly authorize LearnWithAjiry to permit users and visitors to the Site to
make such low resolution copies of your Content.
You represent and warrant that you shall not have any right to terminate the permissions granted
herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against
LearnWithAjiry, all of which such rights are hereby expressly and irrevocably waived by you in
favor of LearnWithAjiry.
You may terminate this license at any time by removing your Content from our Site. If you
delete Content, LearnWithAjiry will use reasonable efforts to remove it from the Site, but you
acknowledge that caching or references to the Content maybe immediately unavailable. You also
agree that LearnWithAjiry may retain and use copies of your Content for archival or backup
purposes and for the investigation purpose mentioned later.
Responsibility of Site Visitors:
LearnWithAjiry has not reviewed, and cannot review, all the material posted to the Site, and
cannot therefore be responsible for that materials content, use or effects. By operating the Site,
LearnWithAjiry does not represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site
may contain content that is offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other errors. The site may also
contain material that violates the privacy or publicity rights, or infringes the intellectual property
and other proprietary rights, of third parties, or the downloading, copying or use of which is
subject to additional terms and conditions, stated or unstated. LearnWithAjiry disclaims any
responsibility for any harm resulting from the use by visitors of the Site, or form any
downloading by those visitors of Content there posted.
You agree that if you come across Content that you may find offensive or upsetting that meets
the Terms requirements, your sole remedy is to simply stop viewing the Content that bothersyou. If the Content violates these Terms, you agree that your sole remedy is to report it to us by
as an email with all the details to: info@learnwithajiry.com.
Privacy:
Privacy protection is important at LearnWithAjiry, and we want you to know that we make sure
your personal information remains confidential. LearnWithAjiry will not release individual
records to outside agencies for any reason. Users have access to their own Learner Records and
are solely responsible for their release.
Analytics and Tracking:
The LearnWithAjiry website uses Google Analytics (GA) to better understand how visitors use
our site. This information allows us to refine our content offerings, optimize our site design, and
provide a count of the number of individuals served by our content. GA is the only external
service used on the LearnWithAjiry site, and no personally identifiable information is shared
with Google (or any external entity). No user data is passed through URLs, and IP addresses are
anonymized and obfuscated prior to transmission. Users may revoke the use of GA cookies at
any time.
Cookies:
The LearnWithAjiry website uses a limited number of cookies. Short-term “session” cookies are
used within a browsing session to display which tutorials have been read by a user. Local
cookies are used to save user progress in some courses, but these are not accessible by third
parties. Members who sign in accept a token that identifies their status and provides additional
tracking and user history data. Users may revoke the use of these cookies at any time.
Links:
The Site may provide, or third parties may provide, links to other websites or webpages. Because
LearnWithAjiry has no control over such websites and webpages, you acknowledge and agree
that LearnWithAjiry is not responsible for the availability of such external websites and
webpages, and does not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such websites or webpages. You further
acknowledge and agree that LearnWithAjiry shall not be responsible or liable, directly orindirectly, for any damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any such websites or
webpages.
Some people may post links and we are not responsible for those links.
Illegal Content:
LearnWithAjiry does not review all Content uploaded to our website but we may use available
technologies or process to screen for certain types of illegal content (for example, child
pornography) or other abusive content or behavior (for example, patterns of activity that indicate
spam or phishing).
We may access or disclose information about you, or your use of a service:
- When it is required by law (for example if we receive a valid subpoena or search
warrant).
- To respond to your requests for customer service support; or
- Where we, in our discretion, think it is necessary to protect the rights, property or
personal safety of LearnWithAjiry, our users, or the public.
We may screen your Content for certain types of illegal content.
Educators and Service Providers:
All learning opportunities at LearnWithAjiry—tutorials, classes, articles, videos, modules, and
interactive lessons—are completely free to all users, and no user should ever have to create an
account with an outside agency or pay a fee to use our site.
Other Parties other than LearnWithAjiry that have uploaded content uploaded to our website,
have the right to state if the content uploaded is free or offered at a specific fee. This will be
explicitly indicated on the specific courses. You will be able to see what courses are available for
free and what entity is offering the courses.
LearnWithAjiry content may only be used for non-commercial purposes but may not be used for
personal or professional financial benefit. We recognize that in some cases users may wish to
print content. Content used for personal or educational purposes may not be redistributed in anyform. Any presentation of LearnWithAjiry content must retain all LearnWithAjiry attribution
and marks and include the following attribution: “All LearnWithAjiry content is available for
free at learnwithajiry.com.”
LearnWithAjiry content may not be copied into and/or redistributed through any content
management system, portal, or electronic publication without prior written consent.
If you are interested in using our content, you can write an email to info@learnwithajiry.com
requesting for such access.
Marketing and linking:
Agencies and organizations are welcome to add a link to LearnWithAjiry on their websites, but
they may not use our website within a browser frame or in any other way that would give a false
impression of affiliation or website ownership.
Agencies and organizations are also welcome to use LearnWithAjiry marks in advertising, media
releases, and other promotional material that discuss our curriculum. Such use shall include the
appropriate LearnWithAjiry trademarks to indicate that the rights to the marks are the exclusive
property of LearnWithAjiry and do not represent a transfer of any rights or privileges to the
agency or organization using the marks.
Notifications and other Service Communications:
For purposes of our communicating with you regarding the Website, notice required by us under
these Terms of Use shall consist of an email from us to an email address associated with your
account, even if we have other contact information. You also agree that we may communicate
with you about your Website account, or any other services associated with us through your
Website account, including directly through push notifications, or through other means including
email, cellular telephone, SMS or MMS messaging, telephone. You acknowledge and agree that
we shall have no liability associated with or arising from your failure to maintain accurate
contact or other information, including, but not limited to, your failure to receive critical
information about the Website. You may contact us via email at: info@learnwithajiry.com
Additionally, learnwithajiry.com accepts service of process at this address. Any notice required
by you under these Terms of Use shall be by mail or courier at the address above with a copy
sent by email at legal@centum.com. Notice by you not in compliance with this section shall have
no legal effect.
Your Right to Use our Website:
1) For as long as you comply with these Terms of Use and your obligations thereunder, you
have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and
revocable license to access and use our Website through a generally available web browser
only for its intended purpose and only as provided in these Terms of Use and in accordance
with any usage rules set forth in application stores’ terms of service. Our Website is only for
your personal and noncommercial use. You may not access our Website through scraping,
spidering, crawling or any other technology or software used to access data without our
express written consent. Except as specifically permitted, you may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer or sell any content or information included on our Website.
2) In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data
residing on our Website, App or any of your rights under these Terms of Use to anyone else,
(b) develop or derive for commercial sale any data in machine-readable or other form that
incorporates or uses any part of our Website, or (c) transfer to or store any data residing or
exchanged over our Website in any electronic network for use by more than one Member
without obtaining prior written permission from us.
3) If you violate any of these Terms of Use, we may immediately terminate your limited
license to use our Website. Any other use of our Website contrary to our mission and
purpose (such as seeking to connect to someone you do not know or trust, or to use
information gathered from our Website commercially unless expressly authorized by us) is
strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly
granted in these Terms of Use, including, without limitation, title, ownership, intellectual
property rights, and all other rights and interest in this Website, and all related items.
Privacy Policy:
Our
Privacy Policy is incorporated herein by this reference and made an integral part hereof.
You should review it carefully before agreeing to use our Website because our Privacy Policy
governs our treatment of information about you, including personally identifiable information
that you submit to use when you create a profile or when you participate in the features available
at My Account. Please note that certain Content that you may submit to us might, or are likely to,
reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other
personal information about you. You acknowledge that your submission of any Content to us is
completely voluntary on your part.
learnwithajiry.com Intellectual Property
- All the design, text, and graphics of our Website, as well as the selection and arrangement
thereof, are Copyright (C) 2020 learnwithajiry.com, Inc., All Rights Reserved.
LearnWithAjiry, learnwithajiry.com, our logo, the Ajiry logo is our trademark. This
trademark, and the Website images and text, and all page headers, graphics, HTML based
computer programs used to generate pages on the Website , and icons are our trademarks,
service marks and/or trade dress, and may not be used without our prior written permission.
All uses thereof inure to our benefit. All other trademarks, product names and company
names or logos included on the Website are the property of their respective owners.
- You may download and print a single copy of the Website for your personal use, provided
that the content of the Website must not be altered in any way and must contain all copyright,
trademark and other proprietary notices. You may not use the Website, App or any portion
thereof to create or re-create a similar or competing service. Any use of the content of this
Website not expressly permitted by these Terms of Use, or permitted in writing by us prior to
your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any
requests for permission to legal@centum.com.
- Our Website contains material that is protected by the copyright, trademark and otherintellectual property laws of the Kenya and other foreign countries. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute in any way any material,
including code and software, from our Website, except as expressly set forth above. ANY
UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE
WEBSITE, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO
ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER THE KENYA LAW
TREATY
- Any unauthorized use by you of our intellectual property may lead us to revoke your access
to our Website.
Collection and Use of Your Content by Us:
1) The very nature of the service we provide to you requires that we gather, process, use and
distribute information that you provide directly (for example, name, skills, e-mail address
and phone number), as well as information regarding the manner in which you use our
Website . We cannot guarantee that your information will be prevented from being
viewed by any person or entity. Our Privacy Policy governs our treatment of information
that you provide to us.
2) If you have directly submitted information and would like us to remove it from its
database, you should contact us at the email address or phone number listed in the
Contact Us section of our Website , and we will use reasonable efforts to delete your
information from our then existing files.
3) You acknowledge, consent and agree that we may access, preserve, and disclose your
registration information, your profile and any other information you provide to us if
required to do so by law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary in our opinion to: (a) comply with legal process,
including but not limited to civil and criminal subpoenas, court orders or other
compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a
violation of the rights of third parties, whether or not the third party is a Member,individual, or government agency; (d) respond to customer service inquiries; or (e)
protect the rights, property, or personal safety of ajiry.com, our Members or the public.
4) While we appreciate hearing from you and welcome your comments regarding our
Website, our policy does not permit us to accept or consider creative ideas, suggestions,
inventions or materials other than those we have specifically requested. While we do
value your feedback on our Website, please be specific in your comments regarding our
Website and do not submit creative ideas, inventions, suggestions or materials. If, despite
our foregoing request, you send us creative suggestions, ideas, drawings, concepts,
inventions or other information (collectively, a “Submission”), such Submission shall
immediately become our property. The Submission shall not be subject to any obligation
of confidentiality on our part and we shall not be liable for any use or disclosure of any
Submission. We shall own exclusively all now known or later discovered rights to the
Submission and shall be entitled to unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without compensation to you or to any other
person.
Monitoring:
We are under no obligation to monitor the information residing on or transmitted through
our Website. However, you agree that we may monitor content on our Website (a) to
comply with any applicable laws, regulations or other government requests; (b) to operate
our Website properly or to protect us and/or Sponsors or advertisers; and (c) for such
other purposes as we deem reasonably necessary appropriate from time to time. We
reserve the right to modify, reject or eliminate any information residing on or transmitted
to our Website that we believe is unacceptable or in violation of these Terms of Use.
No Professional Advice:
None of the services, materials, content, or information available on or through our Website
constitutes employment, career, financial, legal, or other professional advice. You are
encouraged to obtain advice tailored to your situation from a qualified professional if you have
any questions regarding any such matters.
Limitation of Liability and Disclaimer of Warranties:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE
AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION
PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES
ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE
WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1)
ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR
WEBSITE , (2) THE QUALITY AND SECURITY OF OUR WEBSITE , OR (3) THE
INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER,
INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES,
UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE
RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR
ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR
HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE. WHEN
USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE
INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION.
ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY,FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE
, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED
OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN
ANYTHING YOU POST ON OUR WEBSITE . ANY MATERIAL DESCRIBED OR USED
ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS
OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE
MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN WORKERS
THROUGH OUR WEBSITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND
TAKE NO RESPONSIBILITY FOR) ANY WORKER YOU EMPLOY OR CONTRACT. WE
MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB
THROUGH OUR WEBSITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND
TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE
ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO
OUR WEBSITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF
OUR WEBSITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR
IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation of Damages and Remedies:
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING
OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT
WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN
PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE , OR WITH THE DELAY
OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANYINFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR
WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE , THE
INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS
OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING
RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE
TERMS OF USE IN ACCORDANCE WITH THIS TERMS (“TERMINATION”) AND SUCH
TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR
CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS
ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE,
INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR
SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a)
YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL
THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF
SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL
OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE
MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE
TERMS OF USE LICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE
LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT
SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED
BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of
either, must be brought within one (1) year of the date on which the event giving rise to such
claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to
those expressly provided for in these Terms of Use.
-
No Extraterritoriality
We are based in Two Rivers, Ruaka in Kenya. We make no representation that
our Website is appropriate or may legally be viewed in the nation, state, province
or other jurisdiction in which you reside, do business, or are incorporated or
organized, and access to the Website is prohibited from jurisdictions where the
Website, App, or their content, is illegal. Those who choose to access or use the
Website do so on their own initiative and are responsible for compliance with
applicable laws. If you access or use the Website from outside Kenya, you do so
at your own risk and are responsible for compliance with the laws of your
jurisdiction.
-
No Partnership
You agree that no joint venture, partnership, employment or agency relationship
exists between you and us (or any of our Sponsors) as a result of our Terms of
Use or your use of our Website.
-
Agreement
These Terms of Use represent the entire binding agreement between you and us,
and our respective successors and assigns, and supersede any and all prior
understandings, statements or representations, whether electronic, oral or written,
regarding us, our Website, App or the content thereon. A printed version of these
Terms of Use and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these Terms of
Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
-
Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal
process, and nothing contained in them will diminish our right to comply with law
enforcement requests or requirements relating to your use of our Website or
information provided to or gathered by us with respect to such use.
-
Termination
1) Mutual rights of termination. You may terminate your account with us forany reason or no reason, at any time, with notice to us. Your termination
notice will be effective upon our processing the notice. We may terminate
your account with us for any reason or no reason, at any time, with or
without notice. A termination by us will be effective immediately or as may
be specified in any notice from us. Termination of your account with us
includes disabling your access to our Website and may also bar you from
any future use of our Website.
2) Misuse of the Services. We may restrict, suspend or terminate the account
of any Member who abuses or misuses our Website. Misuse of our Website
includes inviting other Members with whom you do not know to connect;
abusing the My Account messaging services; creating multiple or false
profiles; using our Website commercially without our authorization;
infringing any intellectual property rights; or any other behavior that we, in
our sole discretion, deem contrary to the purpose of the Website . In
addition, and without limiting the foregoing, we will terminate accounts of
Members who, in our sole discretion, are deemed to be repeat infringers
under the Kenyan Copyright Act.
3) Effect of Termination. Upon the termination of your account with us, you
lose access to our Website. In addition, we may block access to our Website
from an IP address, or range of IP addresses associated with those of
terminated Members.
4) Survivability. Any provision that by its nature should survive termination
or expiration of these Terms of Use does survive, including, but not limited
to, the following provisions: Website Security Rules; Indemnification;
ajiry.com Intellectual Property; Collection and Use of Your Content by Us;
Limitation of Liability and Disclaimer of Warranties; Limitation of
Damages and Remedies; Termination; Jurisdiction and Choice of Law; and
Other.
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Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has beenuploaded, posted or copied to our Website and is accessible on our
Website in a way that constitutes copyright or trademark
infringement, please review our procedure for COMPLIANT
PROCEDURE REGARDING CONTENT POSTED ON THE
LEARNWITHAJIRY.COM WEBSITE .
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Other
1) These Terms of Use, and our Privacy Policy and our COMPLIANT
PROCEDURE REGARDING CONTENT POSTED ON
LEARNWITHAJIRY.COM WEBSITE which are incorporated into these
Terms of Use by reference, constitute the entire agreement between us and
you with respect to the subject matter of these Terms of Use, and supersede
all previous and contemporaneous agreements, proposals and
communications between us, written or oral, or whether established by
custom, practice, policy or precedent.
2) We may assign these Terms of Use, in whole or in part, in our sole
discretion. You may not assign your rights or obligations under these Terms
of Use without our prior express written permission. Any attempt by you to
assign your rights or obligations under these Terms of Use without our
permission shall be void.
3) If any provision of these Terms of Use is found to be invalid by any court
having jurisdiction to make such a determination, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any
of these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
4) Our failure to act with respect to a breach of these Terms of Use by you or
others does not waive our right to act with respect to that breach or
subsequent similar or other breaches. Except as expressly and specifically
contemplated by these Terms of Use, no representations, statements,
consents, waivers or other acts or omissions by us shall be deemed legallybinding on us, unless documented in a physical writing hand signed by one
of our duly appointed officers.
5) In no event shall you seek or be entitled to rescission, injunctive or other
equitable relief, or to enjoin or restrain the operation of our Website ,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of our Website, App or any content or other
material used or displayed on our Website .
6) The headings of the various sections of these Terms of Use have been
inserted only for the purposes of convenience, and those headings shall not
be deemed, in any manner, to modify, enlarge or restrict any of the
provisions of these Terms of Use.
7) For further information relating to these Terms of Use, or to report a
problem regarding the Website, please contact legal@centum.com, or call
ajiry.com's Support Line.