Welcome to www.edumess.com the official website of The EduMESS Online Community, EduMESS is a registered school management software and an online community (the “Platform”).
You acknowledge that you have provided EduMESS with accurate and complete registration information on your account sign-up. You further acknowledge that it is your responsibility to update EduMESS with any changes to your subscription information by emailing EduMESS at the email address provided above. Please note that in the interests of member safety, EduMESS reserves the right to require you to provide evidence to verify any aspect of your account and in particular, to include your status at any time as also noted above.
If you believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your username and password ("ID") then you must notify EduMESS immediately. If EduMESS reasonably believes that your ID is being used in any way which is not permitted under this Agreement, EduMESS reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction of EduMESS.
EduMESS is continually seeking to improve the Service and to ensure that all information on the Site (to include its library of instructional videos etc) ("Content") is up to date and as accurate as reasonably possible. Accordingly, EduMESS reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
EduMESS recommends that you regularly check the Site from time to time for any updates or changes to this Agreement and/or the Service which shall become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
This Agreement shall apply in preference to and shall supersede any other terms and conditions of business and/or Service Order referred to or relied on by you.
EduMESS grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Site and the Content and the Services subject to the terms and conditions of this Agreement.
The Content and all software, copyright, database rights, website design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights ("Intellectual Property") in each case whether registered or not, in the Content and the Site belong to EduMESS (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of EduMESS.
EduMESS does not claim ownership of any material that you or third parties submit to the Site (and which is defined as "Your Content" and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant EduMESS permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as EduMES reasonably sees fit, and also agree that EduMESS is under no obligation to display or otherwise use Your Content and that EduMESS has the right to remove Your Content immediately and without prior notice to you.
For the avoidance of any doubt whatsoever, EduMESS shall have the right, but not the obligation, to monitor, filter or screen Your Content. Notwithstanding the foregoing, EduMESS reserves the right to edit, refuse to post, or remove Your Content at any time.
EduMESS operates a messaging system available to its users that will allow users to post messages. EduMESS reserves the right to read, delete or edit such messages in its discretion and without prior notice, and/or to remove you from and prevent your further use of the message board. EduMESS also reserves the right to take any further action it deems necessary or appropriate.
EduMESS fully respects your right to privacy and has a strict policy of complying with the provisions of the National Information Technology Development Agency Act, 2007 (“NITDA ACT’’) as well as the Nigeria Data Protection Regulation 2019 (“NDPR”).
At certain times, and as a result of your interaction with the Site, EduMESS may hold and process personal information obtained about you for the purposes of providing the member with the Service. By registering on the Site, you consent to this collection and use of your information.
For the avoidance of any doubt whatsoever, you hereby understand and confirm that EduMESS is the data processor and you are the data controller (as both of those terms are defined under the NITDA Act and the NDPR 2019 in relation to the provision of the Services. Please also note that we may use your data to send you information about our services and, in addition, and as a result of using the Services you may receive alerts via email/text etc.
By using the Services you agree to these interactions and if at any time you do not wish to receive such information then please contact us at email@example.com and we shall desist the same – please note however that refusing to accept some alerts may hamper or completely impede your use of the Services – please feel free to discuss any of these points with us at any time.
We would also add that you should be mindful that our Services can link to and collect data from third party applications and if such a third party application is permitted access by a user to their data that EduMESS will not be responsible in any way for any use, disclosure or modification of such user data that is transmitted or accessed through the Services by any such third party application.
EduMES shall have the right to collect, use and distribute aggregated information, analysis, statistics, related benchmarking algorithms and other data generated by the Services (or derived from your use of the Services) provided, however, that we shall not disclose any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with either you and/or a Patient.
EduMESS warrants that it will use all reasonable skill and care in the provision of the Service.
EduMESS makes no guarantees that the Site is free from viruses or anything else that has contaminating and/or destructive properties and it is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The website is designed to provide direct messaging, private group messaging, sale of digital products like ebooks, courses etc., paid membership options, classes, groups services.
You warrant and represent that you are the owner or licensee of any content that you upload (such as videos, blogs, ebooks etc), record or otherwise transmit through the Service and that you have all lawful permission to use the same and (collectively, "Your Content").
You warrant and represent that you shall not either intentionally or recklessly publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with junk mail, pyramid schemes, spamming (to include soliciting other users to become subscribers of other information services) or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (6) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify EduMESS, its directors, officers shareholders, employees, agents and suppliers against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or the Site, the Content or Your Content or related to any breach of this Agreement.
EduMESS shall use all reasonable endeavors to make the Service available to you but shall not be liable in the event of any interruption of the Service. EduMESS reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
The Service is provided solely for your use and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third party.
To the maximum extent permitted by law, EduMESS shall not be liable to you whether in contract, tort (including negligence) or otherwise, for; any indirect, consequential or special loss or damage whatsoever; any loss of profit, loss of anticipated savings, loss of business or reputation, loss of goodwill, loss of data or other such financial or business loss or damage; or
Under no circumstances will EduMESS be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider or in respect of third party applications.
Notwithstanding the above provisions of this clause EduMESS’s liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of EduMESS.
However, you agree that we and/or our affiliates may appoint agents and employ professionals in order to further effect your instructions. This appointment may be done without your consent. We and/or our affiliates shall not be held liable for any loss suffered on your investments or inability to assess our platform in so far as we were not negligent in appointment of such agents or engagement of such professionals or in ensuring that your access to our Platform is not impeded.
Except for the rights expressly granted under these Terms and Conditions:
All content included on this Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are all properties of EduMESS Technologies Limited or the properties of licensors, where stated. We or our licensors, as the case may be, retain all the rights, titles and interests in and to the contents displayed on this Platform, including, without limitation to, all Intellectual Property Rights therein.
You agree that you have no right to use any of our trademarks without our prior written consent.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.
During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential ("Confidential Information"). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party’s business and the medical industry in which it operates, is of a confidential or proprietary nature. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or legal advisor (collectively "Representatives") who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than this Agreement. The receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder, and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
Information will not be deemed Confidential Information if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.
Notwithstanding any other provision of this Agreement, both parties acknowledge that any use of the disclosing party’s Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the disclosing party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the disclosing party may be entitled at law or equity, the disclosing party shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use in addition to other appropriate remedies available under applicable law.
The contract between us shall be governed by and interpreted in accordance with the Laws of the Federal Republic of Nigeria.
If you have an issue with our Services, please contact us and we will endeavor to resolve your issue as soon as possible.
Please note that disputes or claims arising out of or in connection with these Terms and Condition shall be referred to the Lagos Multi-Door Courthouse for resolution via Mediation. If the Mediation at the Lagos Multi-Door Courthouse is unable to finally determine the dispute between the Parties, either of the Parties may request that the Lagos Multi-Door Courthouse appoint a single Arbitrator to resolve the dispute via Arbitration.
Each party shall bear its own costs in any mediation or arbitration.
This Agreement and your access to the Service may be terminated by EduMESS at any time or by written notice if (in the sole and reasonable opinion of EduMESS) you are in breach of this Agreement and the breach is not properly remedied (which shall also be at the sole discretion of EduMESS) within the period of 7 days after written notice of the breach has been given to you.
Termination of this Agreement will be a non-exclusive remedy for breach and will be without prejudice to any other right or remedy. Upon termination of this Agreement, each party shall promptly return or destroy all Confidential Information of the other party in its possession. Within thirty (30) days following termination, you may retrieve Your Content in accordance with established and reasonable system access procedures. After such period, we will have no further obligation to store and/or make available Your Content and may delete the same
For the avoidance of any doubt, in the event of termination of this Agreement by us for cause, the Services shall not be made available to you or your Patient and you will immediately pay the unexpired portion of your subscription remaining.
No failure or delay on the part of EduMESS relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement. EduMESS shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
You expressly agree not to use any part of the website to:
post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;
post any content 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);
post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party;
post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
act illegally and unethically; or
collect or store personal data about other users.
You are solely responsible for the content of your computer and any transmissions you make when using the Community.
Posts on any part of the website may be edited, moved, deleted, or removed at EduMESS's discretion. EduMESS reserves the right to temporarily or permanently withdraw your Community membership at its discretion.
EduMESS does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via EduMESS's official support contacts.