Terms of Use

Edusko Africa Limited ("Edusko") is a duly registered entity in Nigeria, with affiliates operating within Africa, Europe, and America, providing educational technology services to its numerous clients.

These Terms of Use govern your access to and use of EdGo, Edusko Africa Limited ("Edusko") websites, among other things. By using or accessing EdGo products and features, you affirm that you are of legal age to enter these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of EdGo is unauthorized.

The following terminology applies to these Terms of Use, privacy policy, and all agreements related to these Terms of Use: "You" and "Your" refers to any individual or entity that accepts this Terms of Use to utilise and or access the EdGo product and features. The "Company", "Edusko", "Ourselves", "We", "Our" and "Us", refers to Edusko Africa Limited. "Party", "Parties", or "Us", refers to both You and TeamApt. 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.

1. These Terms of Use is a contract between the You and Edusko and outlines the rules and regulations for access and use of EdGo.

2. By accessing the EdGo product and features, You represent that You have read and understood these Terms of Use and You agree to be bound by these Terms of Use.

3. When You access and use the EdGo product and features either by creating a user account, sending e-mails, text messages and other communications, You consent to receive communication from Us and or our third party partner electronically, such as e-mails, text messages, mobile push notices or notices and messages which We may provide from time to time, and You can retain copies of these communications for Your records.

4. You confirm that You are at least 18 years of age or that You are accessing the EdGo under the supervision of a parent or legal guardian.

5. If You violate any of these Terms of Use, or otherwise violate an agreement between You and Us, We may terminate Your user account, delete Your user profile and any content or information therein and prohibit You from using or accessing the EdGo product or any other Edusko products and services at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 18 years of age.

6. You agree that if You are unsure of the meaning of any part of these Terms of Use, You will not hesitate to contact Us for clarification prior to use of the EdGo product.

7. Edusko reserves the right to close, suspend, or limit Your access to the EdGo product and features or any other Edusko services if you violate these Terms of Use, or any other agreement You enter or have entered with Edusko.

8. If You do not agree to these Terms of Use, do not use, or access the EdGo product or any Edusko product and services. These Terms of Use are binding and are not subject to any varying terms or conditions, unless as provided by Edusko subsequently upon due notice to You.

1. The clause headings in these Terms of Use have been inserted for convenience only and will not be taken into consideration in its interpretation. Words and expressions defined in any clause will for the purpose of these Terms of Use, bear the meaning assigned to the words and expressions in that sub-clause.

2. Any reference to natural persons includes legal persons and vice-versa and references to any gender includes a reference to the other gender and vice-versa.

3. A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.

4. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

5. These Terms of Use shall be binding on the You and Your personal representatives, heirs and permitted assigns.

6. A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.

7. Any obligation in these Terms of Use on a person not to do something includes an obligation not to agree or allow that thing to be done.

8. References to a document in agreed form are to that document in the form agreed by the Parties and initiated by or on their behalf for identification.

9. References to clauses are to the clauses of these Terms of Use, references to paragraphs are to paragraphs of the relevant agreement and a reference to writing or written includes fax and email.

10. Unless otherwise expressly provided, the obligations and liabilities of the Parties under these Terms of Use are several.

11. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

This Terms of Use will be governed by the laws of Federal Republic of Nigeria, without regard to its conflicts of law principles.

Notwithstanding the foregoing, You acknowledge that Your breach (or an apprehension of breach) of any provisions of this Terms of Use, or any infringement (or apprehension of infringement) of Edusko's or its Suppliers' intellectual property rights may cause Edusko irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Edusko shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, not withstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by You or otherwise to protect Edusko's rights under this Terms of Use. The parties hereby submit to the exclusive jurisdiction of the courts of Nigeria, and You agree that you will procure that any third party making a claim against Edusko arising out of this Agreement shall bring such claim exclusively in the Nigerian courts and subject to the limitations and exclusions of liabilities provided for in this Terms of Use.

Edusko does not represent that the EdGo product and/or content within the EdGo is appropriate or available for use in all jurisdictions or countries. Edusko prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the EdGo in your jurisdiction.

Any dispute, difference or disagreement arising out of or in connection with these Terms of Use shall be finally settled by mediation at the Lagos State Multidoor-Court house in accordance with the Lagos State Multidoor Court rules or any other applicable mediation center in Your region within Nigeria. The mediation shall be conducted in English Language.

Notwithstanding the foregoing, Edusko reserves the right to pursue the protection of its intellectual property rights and Confidential Information through injunctive or other equitable relief through the courts.

You hereto undertake to keep all Confidential Information of a non-public, confidential, or proprietary nature, whether commercial, financial or a technical nature; customer, supplier, product, or production related (written or oral) concerning Edusko and the EdGo product.

You shall keep and maintain all Confidential Information in strict confidence, using the highest degree of care as is appropriate to avoid unauthorized access, use or disclosure. You shall use and disclose Confidential Information solely and exclusively for the purposes for which it was granted and provided pursuant to these Terms of Use.

You shall not use, sell, rent, transfer, distribute, or otherwise disclose or make available Confidential Information for the benefit of anyone except with our prior written consent.

You shall not directly or indirectly, disclose Confidential Information to any person other than Your authorized employees and to the extent required by applicable law.

Disclosure of Confidential Information as required by law or by any regulation or similar provision shall not amount to a breach of the obligation of confidentiality contained in this clause, provided that the receiving Party, where possible and only to the extent permitted by law, gives the disclosing Party not less than five (5) business days' written notice of such disclosure and shall, to the extent possible, disclose only information that is necessary.

Confidential Information will mean any information relating to Edusko, the EdGo product, Edusko Clients or such other information or document that is obtained by virtue of the arrangement contemplated in this Terms of Use, received or held by the You (which has been transferred, disclosed or obtained orally, visually, electronically or by any other means) and includes, without limitation, personal information concerning Clients' bank accounts, the Clients' card data, the Clients' transaction information and details and all other information acquired by You in connection with these Terms of Use and/or all information received by You in connection with the installation, use, operation and maintenance of any system or materials provided by Edusko in connection with these Terms of Use and other commercial information of a confidential nature but does not include information which is:

A. known to You without any limitation or restriction on use or disclosure before receipt of such information from or on behalf of Edusko.

B. becomes publicly available, other than as a breach of these Terms of Use.

C. Becomes lawfully available to You from a third party free from any confidentiality restriction or any information required to be disclosed under the relevant law or any binding judgment or order of court of arbitration tribunal or any stock exchange regulations or under direction from any relevant regulatory authority; or

D. Is independently developed by You independent of the Confidential Information received from Edusko.

The following terms ("Software Terms") apply to any software (including any updates or upgrades to the software) and any related documentation we make available to You in connection with Edusko Services (the "Edusko Software").

Use of the Edusko Software: You may use Edusko Software solely for purposes of enabling you to use the EdGo and or Edusko services as provided by Edusko, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the Edusko Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Edusko Software in whole or in part. All software used in any Edusko Service is the property of Edusko or its software suppliers and is protected by the Nigerian and international copyright laws.

Use of Third-Party Services: When you use the Edusko Software or EdGo product, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering: You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Edusko Software or the EdGo product, whether in whole or in part.

Updates: We may offer automatic or manual updates to the EdGo product at any time and without notice to you.

Conflicts: In the event of any conflict between these Terms of Use and any other Edusko or third-party terms applicable to any portion of EdGo product or the Edusko Software, such as open-source license terms, such other terms will control as to that portion of the Edusko Software and to the extent of the conflict.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF EDUSKO, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, EDUSKO, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:

(A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES;

(B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EDUSKO SYSTEMS REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF EDUSKO AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EDUSKO, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Edusko and its Affiliates and Suppliers harmless from all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Edusko software, the EdGo product or breach of this Terms of Use (collectively referred to as "Claims"). Edusko reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Edusko in the defense of any Claims.

We reserve the right to modify this Terms of Use, in our sole discretion, at any time, and the modifications will be effective when posted through the services or on our website for the services or when we notify you by other means. We may also change or discontinue the services, in whole or in part. It is important that you review this Terms of Use whenever we modify it because your continued use of the services indicates your agreement to the modifications.

Edusko may, in its sole discretion and without notice, restrict, deny, terminate this Terms of Use or suspend the services, related or other services, effective immediately, in whole or in part, if we determine that your use of the services violates this Terms of Use, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the services or systems and comply with applicable Edusko policy, if you no longer agree to receive electronic communications, or if your use of the services conflicts with Edusko's interests or those of another user of the services. Upon Edusko notice that your use of the services has been terminated you must immediately stop using the services and Edusko will advise the third-party insurance provider accordingly to implement such other measures detailed in the policy contract between You and the thirdparty insurance provider. Edusko may terminate a free account at any time.

This Terms of Use is the entire agreement between you and us regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Terms of Use is invalid, that section will be removed without affecting the remainder of the Terms of Use. The remaining terms will be valid and enforceable. You shall not assign or transfer this Terms of Use to anyone without our written approval. However, we may assign or transfer this Terms of Use without your consent to (a) an Affiliate, (b) a company through a sale of assets by us or (c) a successor by merger. Any assignment in violation of this Section shall be void.

By accepting and agreeing to these Terms of Use electronically, You represent that:

a. By reason of the fact that the EdGo product and Edusko services are available as an online service, You understand that Your consent to these Terms of Use and Our privacy policy will be in the form of an electronic consent;

b. You have read and understand this consent to use electronic signatures and to receive communications electronically;

c. You satisfy the minimum hardware and software requirements specified below;

d. Your consent will remain in effect until You withdraw Your consent as specified below. To withdraw Your consent to these Terms of Use, the privacy policy, or the receipt of communications, please send Us an email via [email protected] .

e. If You withdraw Your consent to receive communications electronically, We may close any user Accounts created by You and You will no longer be able to use the EdGo, except as expressly provided in these Terms of Use.

f. Any withdrawal of Your consent to receive communications electronically will be effective only after We have had a reasonable period of time to process Your withdrawal and confirm such withdrawal to You in writing.

g. We will do Our best to respond to any email sent by You to Us in relation to these Terms of Use within reasonable period. Please note that withdrawal of Your consent to receive communications electronically will not apply to communications electronically provided by Us to You before the withdrawal of Your consent becomes effective.

h. We reserve the right, in our sole discretion, to communicate with You in paper form. In addition, We reserve the right, in our sole discretion, to discontinue the provision of electronic communications or to terminate or change the Terms of Use on which We provide electronic communications.

I. To ensure that We are able to provide communications to You electronically, You must notify Us of any change in Your email address and Your mobile device number or other text message address by updating Your profile on the EdGo platform.

j. Please note that to access and retain communications provided to You electronically, You must have:

- A valid email address;

- A computer or other mobile device (such as tablet or smartphone) that operates on a platform like windows or a mac;

- A connection to the internet;

- A Current Version of internet explorer 8 (or higher), mozilla firefox 7.0, safari 5, or chrome

- A Current Version of a program that accurately reads and displays PDF files, such as adobe acrobat reader version 7 or higher;

- A computer or device and an operating system capable of supporting all of the above; and

- A printer to print out and save communications in paper form or electronic storage to retain communications in an electronic form.

"Current Version" means a version of the software that is currently being supported by its publisher.

k. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfies any legal requirement that such communications be in writing.