Effective date: 1 January 2019

Please read these Terms of Service carefully before using Edusmartech's services

0.1 DEFINITIONS

• - "Services" means Edusmartech's software applications, platforms, and related services.
• - "School" means the educational institution that is using the Services.
• - "Users" means the School's students, parents, teachers, staff, and administrators who use the Services.

0.2 SERVICE

The following terms and conditions (Terms and Conditions) govern the manner in which Edusmartech.org collects, uses, maintains and discloses information collected from users (each, a "User") of the http://wwww.edusmartech.org and http://www.edung.org website ("Site") and the site subdomains. This privacy policy applies to the Site and all products and services offered by them.

1.0 USE OF SERVICES

The School agrees to:

• - Use the Services only for educational purposes.
• - Ensure that all Users comply with these Terms of Service.
• - Obtain necessary parental consent for student data collection.
• - Use the Services only for educational purposes.
• - Provide accurate and complete information about the School and its Users.

1.1 GENERAL INFORMATION

These EDUSMARTECH Terms and Conditions (the “Terms”) constitute a legally binding agreement between the company Vomshel Link Ltd (Edusmartech). having a registered place of business in Nigeria, and a business registration RC 1083687 (the “Company”, “we”, “us”, and “our”) and an individual user or a business entity (the “user”) accessing and using the software-as-a-service Edusmartech available at http://www.edusmartech.org, the mobile applications Edusmartech, and the related services (collectively, “Edusmartech”). If the user is accepting these Terms on behalf of an educational Organization (e.g., if a school administrator is agreeing to these Terms on behalf of the school), the user represents and warrants that the user is authorised to enter into the contract on the basis of these Terms on behalf the Organization.

1.2 ABOUT EDUSMARTECH

Edusmartech is an intuitive, secured and fully featured cloud based school learning and management system specially developed for Nursery School, Primary School, High School and Tertiary Institution. 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”).

1.3 LICENSE TO USE EDUSMARTECH

We grant the user a personal, revocable, non-exclusive, non-transferable and limited license to use Edusmartech pursuant to these Terms. This license does not include any resale of Edusmartech or any content made available on Edusmartech

1.4 MINORS

Edusmartech is not marketed and should not be used by persons under the age of 18. If the user is not of age of majority and/or cannot form a binding contract, such a user has to accept these Terms only under the supervision of a parent or a legal guardian and get permission from the parent or legal guardian to use Edusmartech.

1.5 DISCLAIMER

All information provided on Edusmartech is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor Edusmartech, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Edusmartech, neither provided by us nor by the users of Edusmartech.

1.6 THIRD PARTY LINKS & ADVERTISING

Edusmartech may contain links to websites, applications, and other online sources owned and operated by third parties. Edusmartech 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.

1.7 TECHNICAL SUPPORT

Any requests for customer or technical support should be addressed to us by email at contact@edusmartech.org.

1.8 ACCESS TO EDUSMARTECH

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 Edusmartech.

2.0 USERS ACCOUNT

2.1 TYPES OF USER ACCOUNT

In order to access and use the full functionality of Edusmartech, 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 Edusmartech:

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 Edusmartech to teachers, students, and parents. Admin’s Account can be created directly on Edusmartech by submitting the requested personal data and completing the verification process;
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; The person with super admin right can create the teachers
3. Accountant's account, this allows accounts working for the school to access and manage the finacial and the inventory records of the school. The school will supply the details of the person to be created as Accountant

4. 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.
5. 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

2.2 USERS WARRANTY

By registering the Account, the user acknowledges, agrees, and warrants that:

1. The user will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations while using Edusmartech;
2. The user will provide only true, accurate, complete, and up-to-date information, including personal data;
3. The user will update the Account as soon as any changes to the personal data or other information occur;

4. The user can conclude legally binding contracts with us and is of a legal age to do so;
5. The user is not under any type of judicial interdiction;
6. The user is authorised by relevant parties (e.g., the Organization) to create the Account;
7. The user will register a single Account (multiple Accounts registered by the same person or entity are not allowed);

8. The registration of the Account does not create a direct conflict of interests between the user and the Company or Edusmartech
9. The user is a human individual and not a machine (machine-generated Accounts are not allowed)

2.3 CONFLICT OF INTEREST

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 Edusmartech, unless the user obtains a prior written authorisation from us for the creation of the Account.

2.4 SECURITY OF ACCOUNT

The user is solely responsible for maintaining the confidentiality of the Account, including keeping secure login details and passwords. By using Edusmartech, 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 Edusmartech. We cannot and will not be liable for any loss or damage resulting from user’s failure to comply with these security obligations.

2.5 DEACTIVATION OF ACCOUNT

At any time, the user may request that the accountbe deleted by sending a request directly to us. Upon deactivation of the Account, these Terms shall terminate

2.6 SUSPENSION AND TERMINATION OF 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.

2.7 INFORMATION CONFIDENTIAL

Any information made available by us to the Organization is of confidential nature (the “Information Confidential”). 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.

2.8 AUTHORIZATION AND INSURANCE

The Organizations are solely responsible for obtaining all necessary authorisations, certificates, and undergoing verifications enabling them to provide education-related services. By creating the Organization’s Account, the Organization confirms that it has the necessary skills, rights, authorisation and licenses (if prescribed by law) to provide educational services. We are not responsible in any manner and bear no liability for Organization’s activities carried out through Edusmartech without such authorisation. We insist the Organizations to (i) obtain appropriate liability insurance policies related to the services provided by them and (ii) make sure that the terms and conditions of the insurance policy do not contravene to these Terms. Although the Organizations may indicate that they maintain appropriate insurance policies, we make no representation or warranty that the Organization actually holds such insurance policies.

3.0 FEES, PAYMENTS, AND REFUNDS

3.1 PRODUCT FEES

The use of Edusmartech by the Organizations is subject to the applicable service fees (the “Fees”). The Fees and payment terms related to the services provided through Edusmartech are made available on Edusmartech or communicated to the Organizations personally. The Fees are indicated in both United States dollars (USD) and Nigerian Naira and are charged on a subscription basis Termly or Annually. By concluding a service contract with us, the Organization agrees to pay the Fees in accordance with these Terms and the terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as they are indicated on Edusmartech. The Fees are subject to a change without a prior notice.

3.1 PRODUCT FEES

The use of Edusmartech by the Organizations is subject to the applicable service fees (the “Fees”). The Fees and payment terms related to the services provided through Edusmartech are made available on Edusmartech or communicated to the Organizations personally. The Fees are indicated in both United States dollars (USD) and Nigerian Naira and are charged on a subscription basis Termly or Annually. By concluding a service contract with us, the Organization agrees to pay the Fees in accordance with these Terms and the terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as they are indicated on Edusmartech. The Fees are subject to a change without a prior notice.

3.2 TAXES

The Fees exclude applicable taxes. The Organizations are responsible for paying all applicable income taxes

3.3 PAYMENT PROCESSING

All payments related to Edusmartech, including payments of the Fees are paid directly to bank accounts of Vomshel Link Ltd, or directly through the onlie payment link provided under the "Payment Details" of the website

3.4 CONCLUDING A CONTRACT WITH US

To conclude a service contract with us, the Organization needs to: (i)choose the features and functionalities (Plan) of Edusmartech; (ii) register the Account; (iii) Make payment for the selected plan and (iii) Register and upload the basic deployment files.

3.4 TERMINATION OF CONTRACT WITH US

The Organizations are entitled to cancel then-current subscription plans within the subscription term at any time by making sure that every outstanding payments with us are fully settled, then the organization can contacting the Company directly. No Fees paid by the Organization for the respective subscription plan shall be returned to the Organization. After the cancellation of the subscription plan becomes effective, no further Fees shall be charged to the Organization.

4 DISCLAIMER OF WARRANTIES

4.1. We provide Edusmartech on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Edusmartech, any content featured on Edusmartech, whether provider by us or by third parties, and hereby disclaim all warranties regarding Edusmartech and its operation.

4.2. It is user’s sole responsibility to verify and assess the fit for the purpose of Edusmartech prior to using it and to decide whether or not Edusmartech fits for the intended use.

4.3. By using Edusmartech, the user acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

4.4. Nothing in these Terms shall affect any statutory rights the user is entitled to as a consumer and that the user cannot contractually agree to alter or waive.

5 LIMITATION OF LIABILITY

5.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user’s use of Edusmartech, any content made available through Edusmartech, whether provided by us or by third parties, or any transactions concluded outside Edusmartechor as a result of Edusmartech. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

5.2. We will not be liable to the user for any direct, indirect or consequential losses, which may be incurred by the user in relation to Edusmartech, such as:

Any health issues, cases of injuries and death experienced as a result of the use of Edusmartech;

Direct and indirect loss of profits;

Loss of goodwill or business reputation;

Loss of opportunities; and

Loss of data suffered by the user.

5.3.We will not be liable for any loss or damage, which may be incurred by the user as a result of:

1. Any changes which we may make to Edusmartech, or for any permanent or temporary cessation in the provision of Edusmartech or any features thereof;
2. The deletion of, corruption of, or failure to store the User-Generated Content and other data maintained or transmitted by or through Edusmartech;
3. The Education Agreements;
4. User’s failure to provide us with accurate personal data;
5. Communication, business or personal relationships between the users and the Suppliers; or
6. Any reliance placed by the user on the completeness, accuracy or existence of any content, information, recommendations, or advertising featured on Edusmartech, or as a result of any relationship or transaction between the users, advertisers, and other third parties whose content is featured on Edusmartech.

5.4. This Section 5 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

6.0 IDEMNITY

The user agrees to indemnify, defend and hold the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, user’s use of Edusmartech, or user’s violation of any law or the rights of a third party.

7.0 SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

8.0 GOVERNING LAW

These Terms of Service will be governed by and construed in accordance with the laws of Paris, France and Lagos State Nigeria.

9.0 CHANGES TO TERMS

Edusmartech reserves the right to modify these Terms of Service at any time. By using our website, platform, and services, you acknowledge that you have read, understood, and agree to be bound by this trems of service.

Last Update: 1 January 2025