TERMS AND CONDITIONS
Welcome to Schoolmate!
1. These Terms of Use (“Terms”) govern your access or use, of applications, websites, content, products, and services under the Schoolmate App (the “Services”) made available by Hostech Solutions Limited, a private limited liability company established in Kenya, (Hereinafter referred to as “Schoolmate”). By clicking accept and utilizing this Service you will be deemed to have read, understood and accepted the same
2. Please do not continue to use Schoolmate.co.ke if you do not agree with all of the terms and conditions stated on this page.
3. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. ‘Mandataries’ are individuals willing to voluntarily carry out food delivery tasks delegated to them by Users of the Schoolmate APP. They act on behalf of the Users to complete errands or services requested through the platform. They act on behalf of the Users to complete errands or services requested through the platform. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Kenya. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
3.1. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Schoolmate. If you do not agree to these Terms, you will not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Schoolmate may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
3.2. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
3.3. Schoolmate may amend the Terms related to the Services from time to time. Amendments will be effective upon Schoolmate posting such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
3.4. Schoolmate may provide to Third Parties including regulatory authorities or courts of law any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and such information or data is necessary to resolve the complaint, dispute or conflict.
4. USE OF THE Schoolmate APP
4.1. SchoolMate App is ERP and Learning Management platform that assists schools and other educational institutions (the “Organizations”) in managing their administrative records and arranging learning activities. The users may create, upload, manage, and access education-related records, including, but not limited to, students’, teachers’, alumni’s, parents’, and class records, digital files, comments, messages, notices, and event information (collectively, the “Records”). Schoolmate App is fully owned and operated by Hostech Solutions Limited.
5. License to use Schoolmate App: We grant the user a personal, revocable, non-exclusive, non-transferable and limited license to use Schoolmate App pursuant to these Terms. This license does not include any resale of Schoolmate App or any content made available on School mate App.
6. Disclaimer : All information provided on Schoolmate App is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor Schoolmate App, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Schoolmate App, neither provided by us nor by the users of Schoolmate App. Third-party links and advertising: Schoolmate App may contain links to websites, applications, and other online sources owned and operated by third parties. Schoolmate App may also feature information provided by the Organizations, teachers, students, parents, and other third parties. We are not responsible or liable in any manner for the content of such third-party links, information, as well as the security and privacy practices deployed by the operators of third-party websites. Please exercise your due diligence before clicking on any third-party links or advertisements.
7. Support : Any requests for customer or technical support should be addressed to us by email at info@classonapp.com.
8. Access to Schoolmate App. The user is responsible for providing and maintaining, at user’s own risk, option and expense, any hardware, software and communication lines required to access and use Schoolmate App.
9. USER ACCOUNTS
Types of user accounts : In order to access and use the full functionality of Schoolmate App, the users are required to create a user account (the “Account”). Before creating the Account, the user will be requested to read and accept these Terms and review the Privacy Policy. The personal data related to the Account will be processed in accordance with our Privacy Policy. The Account is not transferable, and the user is solely responsible for any activities occurring through the Account. There are the following types of Accounts available on Schoolmate App:
9.1. Admin’s Account, which allows the Organizations to create, upload, and manage the Records (e.g., students’ and class records, digital files, comments, messages, notices, events, and other content) and grant access to Schoolmate App to teachers, students, and parents. Admin’s Account can be created directly on Schoolmate App by submitting the requested personal data and completing the verification process;
9.2. Teacher’s Account, which allows teachers working for the Organizations to access and manage the Records made available to them by the respective Organization. The credentials for accessing the Teacher’s Account are provided by the Organization directly to the teachers;
9.3. Student’s Account, which allows Organization’s students to access and consult their records. The credentials for accessing the Student’s Account are provided by the Organization directly to the students; and
9.4. Parent’s Account, which allows parents or legal guardians to access and consult their children’s records. The credentials for accessing the Parent’s Account are provided by the Organization directly to the parents or legal guardians.
9.5. Security of the Account : The user is solely responsible for maintaining the confidentiality of the Account, including keeping secure login details and passwords. By using Schoolmate App, the user agrees to immediately notify us about allegedly unauthorised use of the Account or any other security breach related to the Account. The user is also responsible for using secure Internet connection and protected networks while using Schoolmate App. We cannot and will not be liable for any loss or damage resulting from user’s failure to comply with these security obligations.
9.6. Deactivation of the Account : At any time, the user may delete the Account through the dashboard of the Account or by sending a request directly to us. Upon deactivation of the Account, these Terms shall terminate.
9.7. Suspension and termination of the Account : We reserve the right to suspend or terminate the Account if, at our sole discretion, we have grounds to believe that the user has breached these Terms or upon a lawful request of a public authority.
9.8. Confidential information : Any information made available by us to the Organization is of confidential nature (the “Confidential Information”). The Organizations must at all times (i) keep confidential and not disclose to any person any of the Confidential Information and (ii) only use such Confidential Information for the purposes of performing Organization’s obligations under these Terms. The Confidential Information can be disclosed only to Organization’s employees, employers, officers, sub-contractors, representatives or advisers who need to know such information for the purposes of carrying out the obligations under these Terms.
10. Representations: By registering the Account, the user acknowledges, agrees, and warrants that:
10.1.1. In order to be a User of the Schoolmate APP, it is essential that you meet the following requirements
10.1.2. Users must be an administrator, officer, director, principal, superintendent or authorized staff member (authorized person) to complete the organization registration form (enrollment form) which can be submitted online here or a Parent / confirmed guardian of a child registered a attend the school enrolled on the Schoolmate APP :
10.1.3. The user will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations while using Schoolmate App;
10.1.4. The user will provide only true, accurate, complete, and up-to-date information, including personal data;
10.1.5. The user will update the Account as soon as any changes to the personal data or other information occur;
10.1.6. user is authorised by relevant parties (e.g., the Organization) to create the Account;
10.1.7. The user will register a single Account (multiple Accounts registered by the same person or entity are not allowed);
10.1.8. The registration of the Account does not create a direct conflict of interests between the user and the Company or Schoolmate App; and
10.1.9. The user is a human individual and not a machine (machine-generated Accounts are not allowed).
10.1.10. Conflict of interests : The user is not allowed to register the Account if such a registration creates a direct conflict of interests between the user and the Company or Schoolmate App, unless the user obtains a prior written authorisation from us for the creation of the Account.
10.1.11. Users must agree to the Cookie Policy.[A1]
10.1.12. Once all requirements are fulfilled and registration on the Schoolmate is completed, Schoolmate App will provide the User with the registration confirmation, together with any other information necessary in accordance with the law applicable.
10.1.13. All Users who may be classified under the applicable law as “consumers” benefit and are protected by all relevant consumer protection laws and regulations when using the Schoolmate.
11. Users’ Profile and responsibilities
11.1. When registering on the Schoolmate App, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Schoolmate App recommends that Users do not use the same login credentials as on other platforms. In any case, Schoolmate App does not guarantee the security of the account or profile.
11.2. In order to complete their registration on the Schoolmate App, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Schoolmate App does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these General Terms and in the Privacy Policy.
11.3. The User warrants that all the information regarding his/her identity and capacity provided to Schoolmate App in the registration forms for the Schoolmate App is true, accurate and complete. In addition, Users undertake to keep their details up to date. If a User provides any false, inaccurate or incomplete information or if Schoolmate App considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Schoolmate App may deny that User current or future access to, and use of, the Schoolmate App or any of its contents and/or services.
11.4. Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Schoolmate App cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Schoolmate App immediately, using the communication channels made available by Schoolmate App, if their credentials are stolen, disclosed or lost.
12. User’s obligations and responsibilities
12.1. Users are fully responsible for the proper use of, and access to, their profile and other Schoolmate App contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Schoolmate App, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
12.2. Users are the sole owners of the content entered by them on the Schoolmate App. Schoolmate App may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Schoolmate App, whose consequences shall be the sole responsibility of their issuers.
12.3. Users shall refrain from using their profile and other Schoolmate App contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Schoolmate App and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Schoolmate App.
12.4. Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Schoolmate App will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
12.5. In general, Users undertake, by way of example without limitation:
12.5.1. To refrain from altering or modifying the Schoolmate App, in full or in part, by bypassing, disabling
or in any other way tampering with, its functions or services;
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